items that are not subject to control under this 
subtitle; and 
(B) other activities that may support the 
design, development, production, use, operation, 
installation, maintenance, repair, overhaul, or 
refurbishing of, or for the performance of serv-
ices relating to, any such items. 
(2) ITEMS DESCRIBED.—The items described in 
this paragraph include— 
(A) nuclear explosive devices; 
(B) missiles; 
(C) chemical or biological weapons; 
(D) whole plants for chemical weapons pre-
cursors; and 
(E) foreign maritime nuclear projects that 
would pose a risk to the national security or 
foreign policy of the United States. 
(e) ADDITIONAL PROHIBITIONS.—The Secretary may 
inform United States persons, either individually by spe-
cific notice or through amendment to any regulation or 
order issued under this subtitle, that a license from the 
Bureau of Industry and Security of the Department of 
Commerce is required to engage in any activity if the ac-
tivity involves the types of movement, service, or support 
described in subsection (d). The absence of any such noti-
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fication does not excuse the United States person from 
compliance with the license requirements of subsection (d), 
or any regulation or order issued under this subtitle. 
(f) LICENSE REVIEW STANDARDS.—The Secretary 
shall deny an application to engage in any activity de-
scribed in subsection (d) if the activity would make a ma-
terial contribution to any of the items described in sub-
section (d)(2). 
SEC. 815. ADMINISTRATION OF EXPORT CONTROLS. 
(a) IN GENERAL.—The President shall delegate to 
the Secretary of Commerce, the Secretary of Defense, the 
Secretary of State, the Secretary of Energy, and, as ap-
propriate, the Director of National Intelligence and the 
heads of other appropriate Federal departments and agen-
cies, the authority to carry out the purposes set forth in 
subsection (b). 
(b) PURPOSES.— 
(1) IN GENERAL.—The purpose of the delega-
tions of authority pursuant to subsection (a) are— 
(A) to advise the President with respect 
to— 
(i) identifying specific threats to the 
national security and foreign policy that 
the authority of this subtitle may be used 
to address; and 
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(ii) exercising the authority under this 
subtitle to implement policies, regulations, 
procedures, and actions that are necessary 
to effectively counteract those threats; 
(B) to review and approve— 
(i) criteria for including items on, and 
removing such an item from, a list of con-
trolled items established under this sub-
title; 
(ii) an interagency procedure for com-
piling and amending any list described in 
clause (i); 
(iii) criteria for including a person on 
a list of persons to whom exports, reex-
ports, and transfers of items are prohibited 
or restricted under this subtitle; 
(iv) standards for compliance by per-
sons subject to controls under this subtitle; 
and 
(v) policies and procedures for the 
end-use monitoring of exports, reexports, 
and transfers of items controlled under 
this subtitle; 
(C) to obtain independent evaluations, in-
cluding from Inspectors General of the relevant 
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departments or agencies, on a periodic basis on 
the effectiveness of the implementation of this 
subtitle in carrying out the policy set forth in 
section 812; and 
(D) to benefit from the inherent equities, 
experience, and capabilities of the Federal offi-
cials described in subsection (a), including— 
(i) the views of the Department of De-
fense with respect to the national security 
implications of a particular control or deci-
sion; 
(ii) the views of the Department of 
State with respect to the foreign policy im-
plications of a particular control or deci-
sion; 
(iii) the views of the Department of 
Energy with respect to the implications for 
nuclear proliferation of a particular control 
or decision; and 
(iv) the views of the Department of 
Commerce with respect to the administra-
tion of an efficient, coherent, reliable, en-
forceable, and predictable export control 
system, and the resolution of competing 
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views or policy objectives described in sec-
tion 812. 
(2) AUTHORITY TO SEEK INFORMATION.—The 
Federal officials described in subsection (a) may, in 
carrying out the purposes set forth in paragraph (1), 
seek information and advice from experts who are 
not officers or employees of the Federal Govern-
ment. 
(3) TRANSMITTAL
AND
IMPLEMENTATION
OF 
EVALUATIONS.—The results of the independent eval-
uations conducted pursuant to paragraph (1)(C) 
shall be transmitted to the President and the Con-
gress, in classified form if necessary. Subject to the 
delegation of authority by the President, the Federal 
officials described in subsection (a) shall determine, 
direct, and ensure that improvements recommended 
in the evaluations are implemented. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that the administration of export controls under this 
subtitle should be consistent with the procedures relating 
to export license applications described in Executive Order 
12981 (1995). 
SEC. 816. CONTROL LISTS. 
The President shall, pursuant to the delegation of au-
thority in section 815, ensure that— 
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(1) a process is established for regular inter-
agency review of each list established under section 
814(a)(1), that pursuant to such review the Sec-
retary regularly updates such lists to ensure that 
new items (including emerging critical technologies) 
are appropriately controlled, and that the level of 
control of items on the lists are adjusted as condi-
tions change; 
(2) information and expertise are obtained from 
officers and employees from relevant Federal depart-
ments, agencies, and offices and persons outside the 
Federal Government who have technical expertise, 
with respect to the characteristics of the items con-
sidered for each list established under section 
814(a)(1) and the effect of controlling the items on 
addressing the policy set forth in section 812; 
(3) each list established under section 814(a)(1) 
appropriately identifies each entry that has been in-
cluded by virtue of the participation of the United 
States in a multilateral regime, organization, or 
group the purpose of which is consistent with and 
supports the policy of the United States under this 
subtitle relating to the control of exports, reexports, 
and transfers of items; and 
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(4) each list established under section 814(a)(1) 
is published by the Secretary in a form that facili-
tates compliance with it and related requirements, 
particularly by small- and medium-sized businesses, 
and academic institutions. 
SEC. 817. LICENSING. 
(a) IN GENERAL.—The President shall, pursuant to 
the delegation of authority in section 815, establish a pro-
cedure for the Department of Commerce to license or oth-
erwise authorize the export, reexport, and transfer of 
items controlled under this subtitle in order to carry out 
the policy set forth in section 812 and the requirements 
set forth in section 813(b). The procedure shall ensure 
that— 
(1) license applications, other requests for au-
thorization, and related dispute resolution proce-
dures are considered and decisions made with the 
participation of appropriate departments, agencies, 
and offices that have delegated functions under this 
subtitle; and 
(2) licensing decisions are made in an expedi-
tious manner, with transparency to applicants on the 
status of license and other authorization processing 
and the reason for denying any license or request for 
authorization. 
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(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the President should make best efforts to en-
sure that an accurate, consistent, and timely evaluation 
and processing of licenses or other requests for authoriza-
tion to export, reexport, or transfer items controlled under 
this subtitle is accomplished within 30 days from the date 
of such license request. 
(c) FEES.—No fee may be charged in connection with 
the submission, processing, or consideration of any appli-
cation for a license or other authorization or other request 
made in connection with any regulation in effect under 
the authority of this subtitle. 
SEC. 818. COMPLIANCE ASSISTANCE. 
(a) SYSTEM FOR SEEKING ASSISTANCE.—The Presi-
dent may authorize the Secretary to establish a system 
to provide United States persons with assistance in com-
plying with this subtitle, which may include a mechanism 
for providing information, in classified form as appro-
priate, who are potential customers, suppliers, or business 
partners with respect to items controlled under this sub-
title, in order to further ensure the prevention of the ex-
port, reexport, or transfer of items that may pose a threat 
to the national security or foreign policy of the United 
States. 
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(b) SECURITY CLEARANCES.—In order to carry out 
subsection (a), the President may issue appropriate secu-
rity clearances to persons described in that subsection who 
are responsible for complying with this subtitle. 
(c) ASSISTANCE FOR CERTAIN BUSINESSES.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act, the 
President shall develop and submit to Congress a 
plan to assist small- and medium-sized United 
States in export licensing and other processes under 
this subtitle. 
(2) CONTENTS.—The plan shall include, among 
other things, arrangements for the Department of 
Commerce to provide counseling to businesses de-
scribed in paragraph (1) on filing applications and 
identifying items controlled under this subtitle, as 
well as proposals for seminars and conferences to 
educate such businesses on export controls, licensing 
procedures, and related obligations. 
SEC. 819. REQUIREMENTS TO IDENTIFY AND CONTROL 
EMERGING, 
FOUNDATIONAL, 
AND 
OTHER 
CRITICAL TECHNOLOGIES IN EXPORT CON-
TROL REGULATIONS. 
(a) IN GENERAL.—The President shall establish and, 
in coordination with the Secretary, the Secretary of De-
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fense, the Secretary of Energy, the Secretary of State, and 
the heads of other departments as appropriate, lead a reg-
ular, ongoing interagency process to identify the following: 
(1) Emerging, foundational, or other critical 
technologies that are essential to the national secu-
rity of the United States and that are not— 
(A) identified in any list of items con-
trolled for export under United States law or 
regulations; or 
(B) hereafter separately identified in any 
law or regulation under the authority of a de-
partment or agency responsible for admin-
istering United States export controls. 
(2) Other technologies that are not identified in 
any list of items controlled for export under United 
States law or regulations that are essential to the 
national security of the United States. 
(3) Subject to subsections (c) and (d), the 
President shall require the relevant export control 
authority to publish proposed regulations for public 
comment, including, as appropriate, interim final 
rules, 
that 
would 
control 
such 
emerging, 
foundational, or other critical technologies identified 
pursuant to this subsection and control the release 
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of each such technology to destinations, end uses, or 
end users as determined by the President. 
(b) REQUIREMENTS.—The interagency process re-
quired under subsection (a) shall— 
(1) be informed by multiple sources of informa-
tion, including industry, academia, other open source 
and classified information and transactions reviewed 
by the Committee on Foreign Investment in the 
United States; 
(2) take into account the foreign development 
or availability of such emerging, foundational, and 
other critical technologies and the impact the con-
trols established in subsection (c) may have on the 
development of the technology in the United States; 
and 
(3) the Secretary, the Secretary of Defense, the 
Secretary of Energy, and the Secretary of State, and 
the heads of other departments as appropriate, shall 
consider relevant information provided by the Direc-
tor of National Intelligence. 
(c) COMMERCE CONTROLS.— 
(1) IN GENERAL.—The Secretary is authorized 
to establish controls, as appropriate, on technologies 
identified through the interagency process required 
under subsection (a) and subject to the Export Ad-
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(ii) shall, at a minimum, require a li-
cense to export, reexport, or transfer such 
technologies to a country that is subject to 
a comprehensive United States arms em-
bargo; and 
(iii) may provide for appropriate li-
cense exceptions for the export, reexport, 
or transfer of such technologies. 
(C) LICENSE
APPLICATIONS
SUBMITTED 
PURSUANT TO SUBPARAGRAPH (B)(ii).—For li-
cense applications submitted pursuant to sub-
paragraph (B)(ii), the Secretary may, with re-
spect to any joint venture, joint development 
agreement, or similar collaborative arrange-
ment, require the applicant to identify, in addi-
tion to the foreign participant directly involved 
in the collaborative arrangement, any foreign 
person with significant ownership interest in 
the direct foreign participant. 
(3) REVIEW OF LICENSE APPLICATIONS.— 
(A) IN
GENERAL.—The procedures set 
forth in Executive Order 12981 (1995) (as 
amended) or any successor Executive order, 
shall apply to the review of applications for li-
censes to export, reexport, or transfer tech-
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nologies identified through the interagency 
process required under subsection (a) submitted 
to the Department of Commerce pursuant to 
paragraph (2). 
(B) OTHER INFORMATION.—In addition to 
the procedures described in subparagraph (A), 
the review of applications for such licenses shall 
take into account information provided by the 
Director of National Intelligence regarding any 
threat to the national security of the United 
States posed by the proposed export, reexport, 
or transfer of such technologies. 
(d) MULTILATERAL CONTROLS.— 
(1) IN GENERAL.—The Secretary of State, in 
consultation with the Secretary and the Secretary of 
Defense and heads of other departments as appro-
priate, shall propose to the relevant multilateral ex-
port control regimes in the following year that tech-
nologies identified through the interagency process 
required under subsection (a) be added to the list of 
technologies controlled by such regimes. 
(2) REVIEW OF CONTINUED UNILATERAL EX-
PORT CONTROLS.—The Secretary, with respect to 
those items on the Commerce Control List main-
tained under part 774 of title 15, Code of Federal 
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Regulations, and in consultation with the Secretary 
of Defense and the Secretary of State, and the Sec-
retary of State, with respect to those items on the 
United States Munitions List and in consultation 
with the Secretary of Defense and the heads of other 
departments as appropriate, shall determine whether 
national security concerns warrant continued unilat-
eral export controls over technologies proposed for 
multilateral control under paragraph (1) if the rel-
evant multilateral export control regime does not 
agree to list such technologies on its control list 
within three years of a proposal by the United 
States. 
(e) REPORT.—The Secretary, the Secretary of State, 
and the Secretary of Energy, as appropriate, shall submit 
to the Committee on Foreign Investment in the United 
States on a semiannual basis a report on updates of any 
key actions taken pursuant to this section. 
(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion should be construed to alter or limit— 
(1) the authority of the President and the Sec-
retary of State to designate those items that are 
considered to be defense articles or defense services 
for purposes of the Arms Export Control Act (22 
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U.S.C. 2751 et seq.) or any other relevant law, and 
to regulate such items; or 
(2) the authority of the President under the 
Atomic Energy Act of 1954, the Nuclear Non-Pro-
liferation Act of 1978, the Energy Reorganization 
Act of 1974, this title, or any other relevant law. 
(g) SENSE OF CONGRESS.—It is the sense of the 
Congress that the President should request in the annual 
budget of the President submitted under section 1105(a) 
of title 31, United States Code, sufficient resources to en-
able the relevant departments and agencies to effectively 
implement this section. 
SEC. 820. REVIEW RELATING TO COUNTRIES SUBJECT TO 
COMPREHENSIVE UNITED STATES ARMS EM-
BARGO. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary, the Secretary of Defense, 
the Secretary of Energy, the Secretary of State, and the 
heads of other departments as appropriate, shall conduct 
a review of— 
(1) section 744.21 of title 15, Code of Federal 
Regulations, including to assess whether the current 
and anticipated risks of direct or indirect diversion, 
such as from policies and practices that effectively 
obscure distinctions between civil and military end- 
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users and end-uses, require that the scope of control 
under such section should be expanded to apply to 
exports, reexports, or transfers for military end uses 
and military end users in countries that are subject 
to a comprehensive United States arms embargo; 
and 
(2) entries on the Commerce Control List main-
tained under part 774 of title 15, Code of Federal 
Regulations, that do not impose license requirements 
for exports, reexports, or transfers to countries sub-
ject to a comprehensive United States arms embar-
go. 
SEC. 821. PENALTIES. 
(a) UNLAWFUL ACTS.— 
(1) IN GENERAL.—It shall be unlawful for a 
person to violate, attempt to violate, conspire to vio-
late, or cause a violation of this subtitle or of any 
regulation, order, license, or other authorization 
issued under this subtitle, including any of the un-
lawful acts described in paragraph (2). 
(2) SPECIFIC UNLAWFUL ACTS.—The unlawful 
acts described in this paragraph are the following: 
(A) No person may engage in any conduct 
prohibited by or contrary to, or refrain from en-
gaging in any conduct required by this subtitle, 
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the Export Administration Regulations, or any 
order, license or authorization issued there-
under. 
(B) No person may cause or aid, abet, 
counsel, command, induce, procure, permit, or 
approve the doing of any act prohibited, or the 
omission of any act required by this subtitle, 
the Export Administration Regulations, or any 
order, license or authorization issued there-
under. 
(C) No person may solicit or attempt a vio-
lation of this subtitle, the Export Administra-
tion Regulations, or any order, license or au-
thorization issued thereunder. 
(D) No person may conspire or act in con-
cert with one or more other persons in any 
manner or for any purpose to bring about or to 
do any act that constitutes a violation of this 
subtitle, the Export Administration Regula-
tions, or any order, license or authorization 
issued thereunder. 
(E) No person may order, buy, remove, 
conceal, store, use, sell, loan, dispose of, trans-
fer, transport, finance, forward, or otherwise 
service, in whole or in part, or conduct negotia-
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violations of this subtitle, the Export Adminis-
tration Regulations, or any order, license or au-
thorization issued thereunder. 
(3) ADDITIONAL
REQUIREMENTS.—For pur-
poses of subparagraph (G), any representation, 
statement, or certification made by any person shall 
be deemed to be continuing in effect. Each person 
who has made a representation, statement, or certifi-
cation to the Department of Commerce relating to 
any order, license, or other authorization issued 
under this subtitle shall notify the Department of 
Commerce, in writing, of any change of any material 
fact or intention from that previously represented, 
stated, or certified, immediately upon receipt of any 
information that would lead a reasonably prudent 
person to know that a change of material fact or in-
tention had occurred or may occur in the future. 
(b) CRIMINAL PENALTY.—A person who willfully 
commits, willfully attempts to commit, or willfully con-
spires to commit, or aids and abets in the commission of, 
an unlawful act described in subsection (a)— 
(1) shall be fined not more than $1,000,000; 
and 
(2) in the case of the individual, shall be im-
prisoned for not more than 20 years, or both. 
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(c) CIVIL PENALTIES.— 
(1) AUTHORITY.—The President may impose 
the following civil penalties on a person for each vio-
lation by that person of this subtitle or any regula-
tion, order, or license issued under this subtitle, for 
each violation: 
(A) A fine of not more than $300,000 or 
an amount that is twice the value of the trans-
action that is the basis of the violation with re-
spect to which the penalty is imposed, which-
ever is greater. 
(B) Revocation of a license issued under 
this subtitle to the person. 
(C) A prohibition on the person’s ability to 
export, reexport, or transfer any items, whether 
or not subject to controls under this subtitle. 
(2) PROCEDURES.—Any civil penalty under this 
subsection may be imposed only after notice and op-
portunity for an agency hearing on the record in ac-
cordance with sections 554 through 557 of title 5, 
United States Code. 
(3) STANDARDS
FOR
LEVELS
OF
CIVIL
PEN-
ALTY.—The Secretary may by regulation provide 
standards for establishing levels of civil penalty 
under this subsection based upon factors such as the 
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seriousness of the violation, the culpability of the vi-
olator, and such mitigating factors as the violator’s 
record of cooperation with the Government in dis-
closing the violation. 
(d) CRIMINAL FORFEITURE OF PROPERTY INTEREST 
AND PROCEEDS.— 
(1) FORFEITURE.—Any person who is convicted 
under subsection (b) of a violation of a control im-
posed under section 813 (or any regulation, order, 
or license issued with respect to such control) shall, 
in addition to any other penalty, forfeit to the 
United States— 
(A) any of that person’s interest in, secu-
rity of, claim against, or property or contractual 
rights of any kind in the tangible items that 
were the subject of the violation; 
(B) any of that person’s interest in, secu-
rity of, claim against, or property or contractual 
rights of any kind in tangible property that was 
used in the violation; and 
(C) any of that person’s property consti-
tuting, or derived from, any proceeds obtained 
directly or indirectly as a result of the violation. 
(2) PROCEDURES.—The procedures in any for-
feiture under this subsection, and the duties and au-
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thority of the courts of the United States and the 
Attorney General with respect to any forfeiture ac-
tion under this subsection or with respect to any 
property that may be subject to forfeiture under this 
subsection, shall be governed by the provisions of 
section 1963 of title 18, United States Code. 
(e) PRIOR CONVICTIONS.— 
(1) LICENSE BAR.— 
(A) IN GENERAL.—The Secretary may— 
(i) deny the eligibility of any person 
convicted of a criminal violation described 
in subparagraph (B) to export, reexport, or 
transfer outside the United States any 
item, whether or not subject to controls 
under this subtitle, for a period of up to 10 
years beginning on the date of the convic-
tion; and 
(ii) revoke any license or other author-
ization to export, reexport, or transfer 
items that was issued under this subtitle 
and in which such person has an interest 
at the time of the conviction. 
(B) VIOLATIONS.—The violations referred 
to in subparagraph (A) are any criminal viola-
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tions of, or criminal attempt or conspiracy to 
violate— 
(i) this subtitle (or any regulation, li-
cense, or order issued under this subtitle); 
(ii) any regulation, license, or order 
issued under the International Emergency 
Economic Powers Act; 
(iii) section 371, 554, 793, 794, or 
798 of title 18, United States Code; 
(iv) section 1001 of title 18, United 
States Code; 
(v) section 4(b) of the Internal Secu-
rity Act of 1950 (50 U.S.C. 783(b)); or 
(vi) section 38 of the Arms Export 
Control Act (22 U.S.C. 2778). 
(2) APPLICATION
TO
OTHER
PARTIES.—The 
Secretary may exercise the authority under para-
graph (1) with respect to any person related, 
through affiliation, ownership, control, position of 
responsibility, or other connection in the conduct of 
trade or business, to any person convicted of any 
violation of law set forth in paragraph (1), upon a 
showing of such relationship with the convicted 
party, and subject to the procedures set forth in 
subsection (c)(2). 
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(f) OTHER AUTHORITIES.—Nothing in subsection 
(c), (d), or (e) limits— 
(1) the availability of other administrative or 
judicial remedies with respect to violations of this 
subtitle, or any regulation, order, license or other 
authorization issued under this subtitle; 
(2) the authority to compromise and settle ad-
ministrative proceedings brought with respect to vio-
lations of this subtitle, or any regulation, order, li-
cense, or other authorization issued under this sub-
title; or 
(3) the authority to compromise, remit or miti-
gate seizures and forfeitures pursuant to section 
1(b) of title VI of the Act of June 15, 1917 (22 
U.S.C. 401(b)). 
SEC. 822. ENFORCEMENT. 
(a) AUTHORITIES.—In order to enforce this subtitle, 
the President shall delegate to the heads of other appro-
priate Federal departments and agencies the authority 
to— 
(1) issue regulations, orders, and guidelines; 
(2) require, inspect, and obtain books, records, 
and any other information from any person subject 
to the provisions of this subtitle; 
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(3) administer oaths or affirmations and by 
subpoena require any person to appear and testify or 
to appear and produce books, records, and other 
writings, or both; 
(4) conduct investigations (including under-
cover) in the United States and in other countries 
using all applicable laws of the United States, in-
cluding intercepting any wire, oral, and electronic 
communications, conducting electronic surveillance, 
using pen registers and trap and trace devices, and 
carrying out acquisitions, to the extent authorized 
under chapters 119, 121, and 206 of title 18, 
United States Code; 
(5) inspect, search, detain, seize, or issue tem-
porary denial orders with respect to items, in any 
form, that are subject to controls under this subtitle, 
or conveyances on which it is believed that there are 
items that have been, are being, or are about to be 
exported, reexported, or transferred in violation of 
this subtitle, or any regulations, order, license, or 
other authorization issued thereunder; 
(6) carry firearms; 
(7) conduct prelicense inspections and post- 
shipment verifications; and 
(8) execute warrants and make arrests. 
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(b) ENFORCEMENT OF SUBPOENAS.—In the case of 
contumacy by, or refusal to obey a subpoena issued to, 
any person under subsection (a)(3), a district court of the 
United States, after notice to such person and a hearing, 
shall have jurisdiction to issue an order requiring such 
person to appear and give testimony or to appear and 
produce books, records, and other writings, regardless of 
format, that are the subject of the subpoena. Any failure 
to obey such order of the court may be punished by such 
court as a contempt thereof. 
(c) BEST PRACTICE GUIDELINES.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the heads of other appropriate Federal 
agencies, should publish and update ‘‘best practices’’ 
guidelines to assist persons in developing and imple-
menting, on a voluntary basis, effective export con-
trol programs in compliance with the regulations 
issued under this subtitle. 
(2) EXPORT COMPLIANCE PROGRAM.—The im-
plementation by a person of an effective export com-
pliance program and a high quality overall export 
compliance effort by a person should ordinarily be 
given weight as mitigating factors in a civil penalty 
action against the person under this subtitle. 
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(d) REFERENCE TO ENFORCEMENT.—For purposes 
of this section, a reference to the enforcement of, or a vio-
lation of, this subtitle includes a reference to the enforce-
ment or a violation of any regulation, order, license or 
other authorization issued pursuant to this subtitle. 
(e) IMMUNITY.—A person shall not be excused from 
complying with any requirements under this section be-
cause of the person’s privilege against self-incrimination, 
but the immunity provisions of section 6002 of title 18, 
United States Code, shall apply with respect to any indi-
vidual who specifically claims such privilege. 
(f) CONFIDENTIALITY OF INFORMATION.— 
(1) EXEMPTIONS FROM DISCLOSURE.— 
(A) IN
GENERAL.—Information obtained 
under this subtitle may be withheld from disclo-
sure only to the extent permitted by statute, ex-
cept that information described in subpara-
graph (B) shall be withheld from public disclo-
sure and shall not be subject to disclosure 
under section 552(b)(3) of title 5, United 
States Code, unless the release of such informa-
tion is determined by the Secretary to be in the 
national interest. 
(B) INFORMATION DESCRIBED.—Informa-
tion described in this subparagraph is informa-
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tion submitted or obtained in connection with 
an application for a license or other authoriza-
tion to export, reexport, or transfer items, en-
gage in other activities, a recordkeeping or re-
porting requirement, enforcement activity, or 
other operations under this subtitle, including— 
(i) the license application, license, or 
other authorization itself; 
(ii) classification or advisory opinion 
requests, and the response thereto; 
(iii) license determinations, and infor-
mation pertaining thereto; 
(iv) information or evidence obtained 
in the course of any investigation; and 
(v) information obtained or furnished 
in connection with any international agree-
ment, treaty, or other obligation. 
(2) INFORMATION
TO
THE
CONGRESS
AND 
GAO.— 
(A) IN GENERAL.—Nothing in this section 
shall be construed as authorizing the with-
holding of information from the Congress or 
from the Government Accountability Office. 
(B) AVAILABILITY TO THE CONGRESS.— 
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(i) IN
GENERAL.—Any information 
obtained at any time under any provision 
of the Export Administration Act of 1979 
(as in effect on the day before the date of 
the enactment of this Act and as continued 
in effect pursuant to the International 
Emergency Economic Powers Act), under 
the Export Administration Regulations, or 
under this subtitle, including any report or 
license application required under any such 
provision, shall be made available to a 
committee or subcommittee of Congress of 
appropriate jurisdiction, upon the request 
of the chairman or ranking minority mem-
ber of such committee or subcommittee. 
(ii) PROHIBITION ON FURTHER DIS-
CLOSURE.—No such committee or sub-
committee, or member thereof, may dis-
close any information made available under 
clause (i), that is submitted on a confiden-
tial basis unless the full committee deter-
mines that the withholding of that infor-
mation is contrary to the national interest. 
(C) AVAILABILITY TO GAO.— 
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to comply with, further, or support any boycott fos-
tered or imposed by any foreign country, against a 
country which is friendly to the United States and 
which is not itself the object of any form of boycott 
pursuant to United States law or regulation: 
(A) Refusing, or requiring any other per-
son to refuse, to do business with or in the boy-
cotted country, with any business concern orga-
nized under the laws of the boycotted country, 
with any national or resident of the boycotted 
country, or with any other person, pursuant to 
an agreement with, a requirement of, or a re-
quest from or on behalf of the boycotting coun-
try. The mere absence of a business relationship 
with or in the boycotted country with any busi-
ness concern organized under the laws of the 
boycotted country, with any national or resident 
of the boycotted country, or with any other per-
son, does not indicate the existence of the in-
tent required to establish a violation of regula-
tions issued to carry out this subparagraph. 
(B) Refusing, or requiring any other per-
son to refuse, to employ or otherwise discrimi-
nating against any United States person on the 
basis of race, religion, sex, or national origin of 
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