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(C) the export controls will continue only
so long as the direct threat persists.
The authority of the President to make determina-
tions under this paragraph may not be delegated.
(n) PUBLICATION OF DECISIONS AND ACTIONS OF
THE SECRETARY.—
(1) IN GENERAL.—The Secretary shall publish
in the Federal Register, to the greatest extent prac-
ticable, actions, procedures, and decisions of the Sec-
retary under this title, taking into account restric-
tions on disclosure of classified or confidential infor-
mation. The Secretary shall publish in the Federal
Register calculations by the Secretary of commonly-
used control index parameters for commodities and
technologies, including all officially accepted compos-
ite theoretical performance calculations for comput-
ers and microprocessors, except in a case in which
a private party requested the calculation and asked
that it not be published.
(2) NOTICE OF REVISIONS.—Whenever the Sec-
retary makes any revision in the control index with
respect to any commodity or technology, or with re-
spect to any country or destination affected by con-
trols imposed under section 105 or section 106, the
Secretary shall publish in the Federal Register a no-
170
tice of such revision and shall specify in such notice
under which authority the revision is being made.
(o) NOTIFICATION OF THE PUBLIC; CONSULTATION
WITH INDUSTRY; RECORDKEEPING.—
(1) NOTIFICATION OF THE PUBLIC.—The Sec-
retary shall keep the public fully apprised of changes
in export control policy and procedures instituted
under this title with a view to encouraging trade.
(2) CONSULTATION WITH INDUSTRY.—The Sec-
retary shall meet regularly with export advisory com-
mittees appointed under section 104(f) in order to
obtain their views on United States export control
policy and the foreign availability of commodities
and technology.
(p) EXPORT CONTROL DUTIES.—
(1) ASSIGNMENT.—The Secretary shall ensure
that at least one full-time representative of the De-
partment of Commerce stationed in the People’s Re-
public of China has duties related to the implemen-
tation of export controls under this title. These du-
ties shall include giving priority to conducting
postshipment verifications and prelicense checks,
and to using other means to ensure that United
States exports from the United States of dual use
171
items are not diverted to unauthorized end uses or
end users.
(2) OTHER RESOURCES.—The Secretary shall
ensure that appropriate resources are made available
and, if necessary, new procedures established to as-
sist the representative or representatives of the De-
partment of Commerce referred to in paragraph (1)
in carrying out their duties and to ensure that sen-
sitive items are not diverted to inappropriate end
uses or end users in the People’s Republic of China.
Efforts to carry out this paragraph shall include ap-
propriate coordination with United States officials in
Hong Kong to ensure that sensitive items exported
to Hong Kong are protected from diversion.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated such sums
as may be necessary to carry out paragraph (1).
(q) AUTHORIZATION FOR TECHNICAL DATA.—A li-
cense authorizing the export of any commodities or tech-
nology under this title shall also authorize the export of
operation technical data related to such commodities or
technology, if the technical level of the data does not ex-
ceed the minimum necessary to install, repair, maintain,
inspect, operate, or use the commodities or technology.
172
(r) LICENSES FOR SPARE PARTS NOT REQUIRED.—
A license shall not be required under this title for replace-
ment parts which are exported to replace on a one-for-
one basis parts that were in a commodity that was lawfully
exported from the United States, unless the President de-
termines that such a license should be required for such
parts.
SEC. 115. ANNUAL REPORT.
(a) CONTENTS.—Not later than March 1 of each
year, the Secretary shall submit to the Congress a report
on the administration of this title during the preceding
calendar year. All agencies shall cooperate fully with the
Secretary in providing information for such report. Such
report shall include detailed information on the following:
(1) The implementation of the policies set forth
in section 103, including delegations of authority by
the President under section 104(d), consultations
with the export advisory committees established
under section 104(f), and any changes in the exer-
cise of the authorities contained in sections 105(a),
106(a), 107(a), and 108(a).
(2) With respect to multilateral export controls
imposed or maintained under section 105, the fol-
lowing:
173
(A) Adjustments to multilateral export
controls.
(B) The exercise of the Secretary’s author-
ity under section 105(e).
(3) Determinations made under section 114(k),
the criteria used to make such determinations, the
removal of any export controls under such section,
and any evidence demonstrating a need to maintain
export 
controls 
notwithstanding 
determinations
made under paragraph (2) of section 114(k).
(4) Short supply controls and monitoring under
section 107.
(5) Organizational and procedural changes un-
dertaken in furtherance of the policies set forth in
this title, including changes to increase the efficiency
of the export licensing process and to fulfill the re-
quirements of section 109, including an accounting
of appeals received, and actions taken pursuant
thereto, under section 109(g).
(6) Violations under section 110 and enforce-
ment activities under section 113.
(7) The issuance of regulations under this title.
(8) The results, in as much detail as may be in-
cluded consistent with the strategic and political in-
terests of the United States and the need to main-
174
tain the confidentiality of proprietary information, of
the reviews of the multilateral control list, and any
revisions to the list resulting from such reviews, re-
quired by section 105.
(b) COMPARATIVE REPORT ON EXPORT CONTROL
SYSTEMS AMONG COUNTRIES.—The Secretary shall in-
clude, in each annual report under subsection (a), a de-
scription of significant differences between the export con-
trol laws and regulations of the United States and its
major trade competitors, particularly as these differences
relate to the implementation of multilateral export control
regimes. The Secretary shall include—
(1) an assessment of the impact of these dif-
ferences on important interests of the United States;
(2) a description of the extent to which the ex-
ecutive branch intends to address these differences;
and
(3) a listing of unilateral controls and embar-
goes imposed by the United States that are in effect,
with a quantification of their economic impact, in-
cluding the effect of such controls and embargoes on
employment in the United States.
(c) GAO REPORT.—The Comptroller General shall
prepare and submit to the Congress, not later than 120