124
a country that is a participant in that export control
regime.
(25) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Commerce.
(26) SECURITY CONTROL LIST.—The term ‘‘se-
curity control list’’ means the list established under
section 4(b).
(27) TECHNOLOGY.—The term ‘‘technology’’
means the information and know how (whether in
tangible form, such as models, prototypes, drawings,
sketches, diagrams, blueprints, or manuals, or in in-
tangible form, such as training or technical services)
that can be used to design, produce, manufacture,
utilize, or reconstruct goods, including computer
software and technical data, but not the goods them-
selves.
(28) UNITED
STATES.—The term ‘‘United
States’’ means the States of the United States, the
District of Columbia, and any commonwealth, terri-
tory, dependency, or possession of the United States,
and includes the outer Continental Shelf, as defined
in section 2(a) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331(a)).
(29) UNITED
STATES
PERSON.—The term
‘‘United States person’’ means—
125
(A) any United States resident or national,
including any ‘‘protected individual’’ as defined
in section 274B of the Immigration and Na-
tionality Act (8 U.S.C. 1324b(a)(3)), but not
including an individual resident outside the
United States and employed by other than a
United States person;
(B) any domestic concern (including any
permanent domestic establishment of any for-
eign concern); and
(C) any foreign subsidiary or affiliate (in-
cluding any permanent foreign establishment)
of any domestic concern which is controlled in
fact by such domestic concern, as determined
under regulations of the President.
(30) U.S. ORIGIN.—The term ‘‘U.S.-origin’’
means, with respect to a good or technology, that
the good or technology, when imported into a foreign
country, is treated as a product of the United States
for purposes of that country’s customs laws.
(31) WEAPONS OF MASS DESTRUCTION.—The
term ‘‘weapons of mass destruction’’ refers to chemi-
cal, biological, and nuclear weapons, and missiles ca-
pable of delivering such weapons.
126
(b) ANNUAL REPORT.—Not later than December 31
of each year, the Secretary shall submit to the Congress
a report on the administration of this Act during the pre-
ceding fiscal year. Such report shall include detailed infor-
mation with respect to—
(1) the implementation of the policies set forth
in section 2;
(2) export licensing activities under sections 4
and 5, and any changes in the exercise of the au-
thorities contained in those sections, including a re-
port on all export license applications pending be-
yond the deadlines contained in section 7;
(3) designations under section 4(a)(3) of con-
trolled countries and controlled endusers, and any
changes in such designations;
(4) the results, in as much detail as may be in-
cluded consistent with the national security and the
need to maintain the confidentiality of proprietary
information, of the review and revision of the control
index required by section 3(b)(4);
(5) any emergency sanctions imposed under
section 5(a), and the results of negotiations required
by section 5(a)(3)(F);
(6) determinations of foreign availability made
under section 3(g), the criteria used to make such
127
determinations, and the removal of any export or re-
export controls as a result of such determinations;
(7) consultations with and recommendations of
the industry advisory committees established under
section 6(d) and the use made of the advice given
by such committees;
(8) organizational and procedural changes un-
dertaken in furtherance of the policies set forth in
this Act, including changes to increase the efficiency
of the export licensing process; and
(9) violations, enforcement activities, and any
sanctions imposed under section 8.
SEC. 10. EFFECT ON OTHER ACTS; CONFORMING AMEND-
MENTS.
(a) IN GENERAL.—To the extent provided in this
Act, this Act shall be construed to modify, repeal, super-
sede, and otherwise affect the provisions of other laws au-
thorizing control over exports of commercial goods and
technology.
(b) COORDINATION OF CONTROLS.—
(1) NUCLEAR
NON-PROLIFERATION
ACT
OF
1978.—The requirement in section 309(c) of the Nu-
clear Non-Proliferation Act of 1978 for procedures
that provide for prior consultations with other agen-
cies, and any procedure published by the President
128
pursuant to that section, shall be deemed to be met
by the deliberations of the Committee regarding the
policy for exports and reexports of goods and tech-
nology to which such section 309(c) applies.
(2) AUTHORITY UNDER OTHER ACTS.—The au-
thority granted to the President under section
203(a)(1)(B) of the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1702(a)(1)(B)) and
section 5(b)(1)(B) of the Trading with the Enemy
Act (50 U.S.C. App. 5(b)(1)(B)) with respect to li-
censing or control of exports and reexports of com-
mercial goods and technology and related services
shall be delegated to the Secretary.
(c) COMMODITY JURISDICTION.—
(1) IN GENERAL.—Notwithstanding any other
provision of law—
(A) an item agreed for control on the
International Munitions List of COCOM shall
be subject to control under the Arms Export
Control Act and not under this Act;
(B) except as provided in paragraphs (2)
and (4), an item which is on the International
Industrial List of COCOM shall be subject to
control under this Act and not under the Arms
Export Control Act; and
129
(C) no item may be included on both the
security control list and the United States Mu-
nitions List after publication of the lists re-
quired under paragraph (3) and resolution of
any dispute with respect to such lists under
paragraph (4).
(2) EXCEPTIONS.—
(A) An item described in subparagraph (B)
that is not on the International Munitions List
may be subject to control under the Arms Ex-
port Control Act—
(i)(I) for a period of 9 months after
the date on which the United States pro-
poses to COCOM that the item be added
to the International Munitions List, and
(II) for an additional 9-month period,
but only if negotiations in COCOM to add
the item to the International Munitions
List are continuing; or
(ii) if the Secretary of State, in con-
sultation with the Secretary, so deter-
mines, except that if the Secretary dis-
agrees with the Secretary of State with re-
spect to such item, the item may be sub-
ject to control under the Arms Export
130
Control Act only if the disagreement is re-
solved by the Secretaries or by the Presi-
dent pursuant to the procedures set forth
in subparagraphs (B) and (C) of para-
graph (4).
(B) An item referred to in subparagraph
(A) is an item that—
(i) is specifically designed or devel-
oped for military application;
(ii) does not have bona fide civilian
applications; and
(iii) does not have performance equiv-
alent in form and function to those of an
article or service used for civilian applica-
tions.
(3) PUBLICATION OF LISTS.—
(A) Not later than 3 months after the date
of the enactment of this Act, the Secretary shall
publish the security control list and the Sec-
retary of State shall publish the United States
Munitions List, with all revisions that have
been made in accordance with this subsection.
(B) Not later than 3 months after the date
of the enactment of this Act, the Secretary of
State shall publish in a separate list those items
131
remaining subject to control under the Arms
Export Control Act under paragraph (2).
(C) If either the Secretary or the Secretary
of State fails to publish a revised list in accord-
ance with subparagraph (A), there shall be ex-
cluded from the list of the Secretary that did
not so publish a revised list any item included
on the list of the Secretary that did so publish
a revised list.
(4) COMMODITY JURISDICTION DISPUTE RESO-
LUTION.—
(A) Whenever—
(i) the Secretary or the Secretary of
State receives a request to determine
whether an item is subject to control under
this Act or the Arms Export Control Act;
(ii) either Secretary finds that an item
is included on both the security control
index and the United States Munitions
List;
(iii) an item appearing on the list of
one Secretary under paragraph (3)(A) is
considered by the other Secretary to be
under the jurisdiction of that other Sec-
retary; or
132
(iv) the Secretary disagrees with the
inclusion of an item on the list published
under paragraph (3)(B);
the Secretary or the Secretary of State (as the
case may be) shall refer the matter and any rel-
evant information to the other Secretary.
(B) The 2 Secretaries shall have a period
of 15 days following the referral of a matter
under subparagraph (A) to resolve any dif-
ferences with respect to the matter involved.
(C) If the 2 Secretaries fail to resolve such
differences within that 15-day period, either
Secretary may refer the matter to the President
who, not later than 15 days after receiving the
referral, shall notify the 2 Secretaries of his de-
termination on the matter in dispute.
(D) In resolving disputes under subpara-
graph (C), the President may decide that an
item which is not on the International Muni-
tions List is subject to control under the Arms
Export Control Act only if the President—
(i) determines that extraordinary cir-
cumstances exist affecting the national se-
curity of the United States, which require
133
that the item be controlled under the Arms
Export Control Act;
(ii) proposes to COCOM that the item
be added to the International Munitions
List; and
(iii) not later than 10 days after mak-
ing the determination under clause (i),
submits a report to the Speaker of the
House of Representatives and the Presi-
dent pro tempore of the Senate, describing
in detail the reasons for the determination,
in appropriate classified form, as nec-
essary.
(E) If either the Secretary or the Secretary
of State does not respond to a referral under
subparagraph (A), the Secretary that did not so
respond shall be deemed to concur with the
other Secretary on the matter involved.
(d) AMENDMENTS TO THE INTERNATIONAL EMER-
GENCY ECONOMIC POWERS ACT.—
(1) 
LIMITATION
ON
AUTHORITY.—Section
203(a)(1) of the International Emergency Economic
Powers Act (50 U.S.C. 1706) is amended by adding
at the end the following:
134
‘‘The President may prohibit or curtail the exportation
and reexportation of any commercial goods or technology
subject to the jurisdiction of the United States under this
title only to the extent provided, and subject to the criteria
set forth in, sections 4 and 5 of the Commercial Export
Administration Act of 1993, unless such prohibition or
curtailment is part of a total embargo of all exports and
imports (other than exports of items described in section
7(b)(6) of such Act).’’.
(2) EXTENSION
OR
REINSTATEMENT
OF
EX-
PIRED
PROVISION
OF
LAW.—Section 207 of the
International Emergency Economic Powers Act (50
U.S.C. 1706) is amended—
(A) by redesignating subsections (c) and
(d) as subsections (d) and (e), respectively, and
(B) by inserting after subsection (b) the
following new subsection:
‘‘(c) 
EXPIRED
LEGISLATIVE
AUTHORITY.—The
President may use the authority of this Act to extend or
reinstate an expired provision of the Commercial Export
Administration Act of 1993 for only one period of not
more than 180 days after the date of such expiration.’’.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS; TERMI-
NATION DATE.
(a) AUTHORIZATION OF APPROPRIATIONS.—
135
(1) REQUIREMENT OF AUTHORIZING LEGISLA-
TION.—
(A) Notwithstanding any other provision of
law, money appropriated to the Department of
Commerce to carry out the purposes of this Act
may be obligated or expended only if—
(i) the appropriation thereof has been
previously authorized by law enacted on or
after the date of the enactment of this Act;
or
(ii) the amount of all such obligations
and expenditures does not exceed an
amount previously prescribed by law en-
acted on or after such date.
(B) To the extent that legislation enacted
after the making of an appropriation to carry
out the purposes of this Act authorizes the obli-
gation or expenditure thereof, the limitation in
subparagraph (A) shall have no effect.
(2) AUTHORIZATION.—There are authorized to
be appropriated to the Department of Commerce
such sums as may be necessary to carry out the pur-
poses of this Act.
(b) TERMINATION DATE.—
136
The authority granted by this Act terminates
on September 30, 2000.
SEC. 12. MISCELLANEOUS PROVISIONS.
(a) AMENDMENTS
TO TITLE 5, UNITED STATES
CODE.—(1) Section 5314 of title 5, United States Code,
is amended—
(A) by striking ‘‘Under Secretary of Commerce
for Export Administration’’; and
(B) by adding at the end the following:
‘‘Director, Commercial Export Control Adminis-
tration.’’.
(2) Section 5315 of title 5, United States Code, is
amended—
(A) in the item relating to Assistant Secretaries
of Commerce, by striking ‘‘(11)’’ and inserting
‘‘(9)’’; and
(B) by adding at the end the following:
‘‘Deputy Director, Commercial Export Control
Administration.
‘‘Assistant Director for Export Control, Com-
mercial Export Control Administration.
‘‘Assistant Director for Enforcement and Com-
pliance, Commercial Export Control Administration.
‘‘Assistant Director for Security and Intel-
ligence, Commercial Export Control Administration.
137
‘‘Assistant Director for Nonproliferation, Com-
mercial Export Control Administration.
‘‘Chief Negotiator, Commercial Export Control
Administration.’’.
(b) EXPORT ADMINISTRATION ACT OF 1979.—Upon
the effective date of this Act, sections 5, 6 (except to the
extent provided in section 8(b)), 11A, 11B, 11C, 10(h),
and 10(o) of the Export Administration Act of 1979, and
section 6 of that Act (except to the extent provided in sec-
tion 8(b) of that Act), shall cease to be effective, and all
other provisions of that Act to the extent such provisions
apply to such ineffective sections shall cease to be effec-
tive.
(c) SAVINGS PROVISIONS.—
(1) IN GENERAL.—All delegations, rules, regu-
lations, orders, determinations, licenses, or other
forms of administrative action which—
(A) have been made, issued, conducted, or
allowed to become effective—
(i) under provisions of the Export Ad-
ministration Act of 1979 referred to in
subsection (b), or
(ii) in the exercise of functions trans-
ferred by this Act, and
138
(B) are in effect at the time this Act takes
effect,
shall continue in effect according to their terms until
modified, superseded, set aside, or revoked under
this Act.
(b) ADMINISTRATIVE PROCEEDINGS.—This Act shall
not apply to any administrative proceedings commenced
or any application for a license made, under the Export
Administration Act of 1979 or in the exercise of functions
transferred by this Act, which is pending at the time this
Act takes effect.
(d) EFFECTIVE DATE.—This Act takes effect on the
date of the enactment of this Act.
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