192
(f) AMENDMENTS
TO REGULATIONS.—If the Sec-
retary proposes to amend regulations issued under this
title, the Secretary shall report to the Committee on Bank-
ing, Housing, and Urban Affairs of the Senate and the
Committee on International Relations of the House of
Representatives on the intent and rationale of such
amendments. Such report shall evaluate the cost and bur-
den to the United States exporters of the proposed amend-
ments in relation to any enhancement of licensing objec-
tives. The Secretary shall consult with the appropriate ex-
port advisory committees appointed under section 104(f)
in formulating or amending regulations issued under this
title.
(g) CONFIDENTIALITY OF INFORMATION.—
(1) EXEMPTIONS FROM DISCLOSURE.—
(A) Except as otherwise provided by the
third sentence of section 108(b)(2), information
obtained under the Export Administration Act
of 1979 and its predecessor statutes on or be-
fore June 30, 1980, which is deemed confiden-
tial, including Shipper’s Export Declarations, or
with reference to which a request for confiden-
tial treatment is made by the person furnishing
such information, shall be exempt from disclo-
sure under section 552 of title 5, United States
193
Code, and such information shall not be pub-
lished or disclosed unless the Secretary deter-
mines that the withholding thereof is contrary
to the national interest.
(B) Except as otherwise provided by the
third sentence of section 108(b)(2), information
obtained under this title or under the Export
Administration Act of 1979 after June 30,
1980, may be withheld from disclosure only to
the extent permitted by statute, except that in-
formation submitted, obtained, or considered in
connection with an application for an export li-
cense or other export authorization under the
Export Administration Act of 1979 or this title,
including the export license or other export au-
thorization itself, classification requests de-
scribed in section 109(h)(1), information ob-
tained during the course of a foreign availabil-
ity assessment, information or evidence ob-
tained in the course of any investigation, and
information obtained or furnished under this
title in connection with international agree-
ments, treaties, or obligations shall be withheld
from public disclosure unless the release of such
194
information is determined by the Secretary to
be in the national interest.
(2) INFORMATION TO CONGRESS AND GAO.—
(A) IN
GENERAL.—Nothing in this title
shall be construed as authorizing the withhold-
ing of information from the Congress or from
the General Accounting Office.
(B) AVAILABILITY TO THE CONGRESS.—
(i) IN GENERAL.—All information ob-
tained at any time under this title or pre-
vious Acts regarding the control of exports,
including any report or license application
required under this title, shall be made
available to any committee or subcommit-
tee of Congress of appropriate jurisdiction
upon the request of the chairman or rank-
ing minority member of such committee or
subcommittee.
(ii) PROHIBITION ON FURTHER DIS-
CLOSURE.—No committee, subcommittee,
or Member of Congress shall disclose any
information obtained under this title or
previous Acts regarding the control of ex-
ports which is submitted on a confidential
basis to the Congress under clause (i) un-
195
less the full committee to which the infor-
mation is made available determines that
the withholding of the information is con-
trary to the national interest.
(C) AVAILABILITY TO THE GAO.—
(i) IN
GENERAL.—Notwithstanding
paragraph (1), information referred to in
subparagraph (B) shall, consistent with
the protection of intelligence, counterintel-
ligence, and law enforcement sources,
methods, and activities, as determined by
the agency that originally obtained the in-
formation, and consistent with the provi-
sions of section 716 of title 31, United
States Code, be made available only by the
agency, upon request, to the Comptroller
General of the United States or to any of-
ficer or employee of the General Account-
ing Office authorized by the Comptroller
General to have access to such informa-
tion.
(ii) PROHIBITION ON FURTHER DIS-
CLOSURES.—No officer or employee of the
General Accounting Office shall disclose,
except to the Congress in accordance with
196
this paragraph, any such information
which is submitted on a confidential basis
and from which any individual can be iden-
tified.
(3) INFORMATION
EXCHANGE.—Notwithstand-
ing paragraph (1), the Secretary and the Commis-
sioner of Customs shall exchange licensing and en-
forcement information with each other which is nec-
essary to facilitate enforcement efforts and effective
license decisions.
(4) PENALTIES
FOR
DISCLOSURE
OF
CON-
FIDENTIAL INFORMATION.—Any officer or employee
of the United States, or any department or agency
thereof, who publishes, divulges, discloses, or makes
known in any manner or to any extent not author-
ized by law any information that—
(A) he or she obtains in the course of his
or her employment or official duties or by rea-
son of any examination or investigation made
by, or report or record made to or filed with,
such department or agency, or officer or em-
ployee thereof, and
(B) is exempt from disclosure under this
subsection,
197
shall be fined not more than $10,000, or imprisoned
not more than one year, or both, shall be removed
from office or employment, and shall be subject to
a civil penalty of not more than $1,000 imposed by
the Secretary under section 110(c).
(h) AUTHORITY FOR SEMINAR AND PUBLICATIONS
FUND.—The Secretary is authorized to cooperate with
public agencies, other governments, international organi-
zations, private individuals, private associations, and other
groups in connection with seminars, publications, and re-
lated activities to carry out export activities, including
educating the public or government officials on the appli-
cation of this title and the regulations issued under this
title. The Secretary is further authorized to accept con-
tributions of funds, property, or services in connection
with such activities to recover the cost of such programs
and activities. Contributions may include payments for
materials or services provided as part of such activities.
The contributions collected may be retained for use in cov-
ering the costs of such activities, and for providing infor-
mation to the public with respect to this title and other
export control programs of the United States and other
governments.
(i) SUPPORT OF OTHER COUNTRIES’ EXPORT CON-
TROL PROGRAM.—The Secretary is authorized to provide
198
training to officials of other countries on the principles
and procedures for the implementation of effective export
controls and shall participate in any such training pro-
vided by other departments and agencies of the United
States.
(j) 
INCORPORATED
COMMODITIES
AND
TECH-
NOLOGY.—
(1) COMMODITIES
CONTAINING
CONTROLLED
PARTS AND COMPONENTS.—Export licenses may not
be required under this title or any other provision of
law for a commodity solely because the commodity
contains parts or components on which export con-
trols are in effect under this title if such parts or
components—
(A) are essential to the functioning of the
commodity;
(B) are customarily included in sales of the
commodity in countries other than controlled
countries; and
(C) comprise 25 percent or less of the total
value of the commodity,
unless the commodity itself, if exported, would by
virtue of the functional characteristics of the com-
modity as a whole meet the requirements of sub-
paragraph (A) or (B) of section 105(a)(1).