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or considered in connection with any transaction that
would otherwise be prohibited under this title, including—
‘‘(1) the license or other authorization itself,
‘‘(2) classification requests or other inquiries on
the applicability of export license requirements to a
proposed transaction or series of transactions,
‘‘(3) information or evidence obtained in the
course of any investigation, and
‘‘(4) information obtained or furnished under
this title in connection with international agree-
ments, treaties, or obligations,
shall be withheld from public disclosure, and shall not be
subject to disclosure under section 552 of title 5, United
States Code, unless the release of such information is de-
termined by the Secretary of Commerce or the Secretary
of the Treasury to be in the national interest. In the case
of information obtained or furnished under this title in
connection with international agreements, treaties, or obli-
gations, such a determination may be made only after con-
sultation with the Secretary of State.
‘‘(b) INFORMATION TO CONGRESS AND GAO.—
‘‘(1) IN GENERAL.—Nothing in this title shall
be construed as authorizing the withholding of infor-
mation from the Congress or from the General Ac-
counting Office.
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‘‘(2) AVAILABILITY TO THE CONGRESS.—
‘‘(A) IN
GENERAL.—All information ob-
tained at any time under this title regarding
the control of exports, including any report or
license application required under this title,
shall be made available to any committee or
subcommittee of Congress of appropriate juris-
diction upon the request of the chairman or
ranking minority member of such committee or
subcommittee.
‘‘(B) PROHIBITION ON FURTHER DISCLO-
SURE.—No committee, subcommittee, or Mem-
ber of Congress shall disclose any information
obtained under this title or previous Acts re-
garding the control of exports which is submit-
ted on a confidential basis to the Congress
under subparagraph (A) unless the full commit-
tee to which the information is made available
determines that the withholding of the informa-
tion is contrary to the national interest.
‘‘(3) AVAILABILITY TO THE GAO.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), information referred to in paragraph
(2) shall, consistent with the protection of intel-
ligence, counterintelligence, and law enforce-
189
ment sources, methods, and activities, as deter-
mined by the agency that originally obtained
the information, 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 officer or employee of
the General Accounting Office authorized by
the Comptroller General to have access to such
information.
‘‘(B) PROHIBITION ON FURTHER DISCLO-
SURES.—No officer or employee of the General
Accounting Office shall disclose, except to the
Congress in accordance with this subsection,
any such information which is submitted on a
confidential basis and from which any individ-
ual can be identified.
‘‘(c) PENALTIES FOR DISCLOSURE OF CONFIDEN-
TIAL INFORMATION.—Any officer or employee of the Unit-
ed States, or any department or agency thereof, who pub-
lishes, divulges, discloses, or makes known in any manner
or to any extent not authorized by law any confidential
information that—
‘‘(1) he or she obtains in the course of his or
her employment or official duties or by reason of any
190
examination or investigation made by, or report or
record made to or filed with, such department or
agency, or officer or employee thereof, and
‘‘(2) is exempt from disclosure under this sec-
tion,
shall be fined not more than $10,000, or imprisoned not
more than 1 year, or both, shall be removed from office
or employment, and shall be subject to a civil penalty of
not more than $1,000.’’.
(3) PENALTIES.—Section 206 of the Inter-
national Emergency Economic Powers Act (50
U.S.C. 1705) is amended—
(A) in subsection (a) by inserting ‘‘, or at-
tempts to violate,’’ after ‘‘violates’’; and
(B) in subsection (b) by inserting ‘‘, or
willfully attempts to violate,’’ after ‘‘violates’’.
(e) AMENDMENTS
TO
THE TRADING WITH
THE
ENEMY ACT.—Section 16 of the Trading With the Enemy
Act (50 U.S.C. App. 16) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘, or attempt to violate,’’
after ‘‘violate’’ the first place it appears; and
(B) by inserting ‘‘attempt to violate,’’ after
‘‘violate,’’ the second place it appears; and
191
(2) in subsection (b)(1) by inserting ‘‘, or at-
tempts to violate,’’ after ‘‘violates’’.
(f) REPORT ON OFAC AND ODTC.—
(1) STUDY
ON
OFAC.—The Secretary of the
Treasury shall study ways to make the operations of
the Office of Foreign Assets Control of the Depart-
ment of the Treasury more effective and efficient in
responding to licensing requests and other inquiries
of United States exporters, including through the
upgrading of technology in that office.
(2) STUDY ON ODTC.—The Secretary of State
shall study ways to make the Office of Defense
Trade Controls of the Department of State more ef-
fective and efficient in responding to licensing re-
quests and other inquiries of United States export-
ers, including through the upgrading of technology
in that office.
(3) SUBMISSION OF REPORTS.—Not later than
6 months after the date of the enactment of this
Act, the Secretary of the Treasury shall submit to
the Congress a report on the study conducted under
paragraph (1) and the Secretary of State shall sub-
mit to the Congress a report on the study conducted
under paragraph (2).