185
HR 361 RDS
(b) IN GENERAL.—Except as otherwise provided in
this title, nothing in this title shall be construed to modify,
repeal, supersede, or otherwise affect the provisions of any
other laws authorizing control over exports of any com-
modities, technology, or other information.
(c) LICENSING PROCESS.—The provisions of section
109 shall supersede the procedures published pursuant to
section 309(c) of the Nuclear Non-Proliferation Act of
1978 (42 U.S.C. 2139a(c)) to the extent such procedures
are inconsistent with the provisions of section 109.
(d) AMENDMENTS TO THE INTERNATIONAL EMER-
GENCY ECONOMIC POWERS ACT.—
(1) EXERCISE OF PRESIDENTIAL AUTHORITY.—
(A) Section 204(b) of the International Emergency
Economic Powers Act (50 U.S.C. 1703(b)) is
amended—
(i) by striking ‘‘and’’ at the end of para-
graph (4);
(ii) by striking the period at the end of
paragraph (5) and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(6) if the action is being taken unilaterally—
‘‘(A) why the President believes the action
is necessary to meet the unusual and extraor-
dinary threat referred to in paragraph (2); and
186
HR 361 RDS
‘‘(B) what steps the President is taking to
gain multilateral support for the action.’’.
(B) Section 204(c) of that Act (50 U.S.C.
1703(c)) is amended—
(i) by striking ‘‘(5)’’ and inserting ‘‘(6)’’;
and
(ii) by striking the period and inserting ‘‘,
and, in the case of controls referred to in para-
graph (6) of subsection (b), the President shall
report to the Congress on the economic losses
that have occurred as a result of the unilateral
action’’.
(2) CONFIDENTIALITY OF INFORMATION.—The
International Emergency Economic Powers Act is
amended—
(A) by redesignating section 208 as section
209; and
(B) by inserting after section 207 the fol-
lowing:
‘‘SEC. 208. CONFIDENTIALITY OF INFORMATION.
‘‘(a) EXEMPTIONS FROM DISCLOSURE.—Information
obtained under this title before or after the enactment of
this section may be withheld only to the extent permitted
by statute, except that information submitted, obtained,
187
HR 361 RDS
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.
188
HR 361 RDS
‘‘(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
HR 361 RDS
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
HR 361 RDS
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
HR 361 RDS
(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).
192
HR 361 RDS
SEC. 118. SECONDARY ARAB BOYCOTT.
(a) SENSE OF CONGRESS.—
(1) ENDING SECONDARY BOYCOTT.—It is the
sense of the Congress that the countries of the Arab
League should end the secondary Arab boycott.
(2) ACTIONS TO END SECONDARY BOYCOTT.—
The United States will consider the secondary Arab
boycott to have ended when—
(A) the Arab League issues a public pro-
nouncement that the Arab League has ended
the secondary Arab boycott;
(B) all activities carried out by the Central
Office for the Boycott of Israel in support of
the secondary Arab boycott have been termi-
nated;
(C) the Arab League and the individual
countries that are members of the Arab League
have terminated the practice of barring United
States persons and foreign companies that do
not comply with the secondary Arab boycott
from doing business with countries that are
members of the Arab League, and have de-
clared null and void any existing list of such
barred persons and companies; and
(D) the Arab League, and the individual
countries that are the members of the Arab
193
HR 361 RDS
League, have ceased requesting United States
persons to take actions prohibited under section
108(a).
(b) DEFINITION.—For purposes of this section, the
term ‘‘secondary Arab boycott’’ means the refusal to do
business with persons who do not comply with requests
to take any action prohibited under section 108(a) with
respect to Israel.
SEC. 119. CONFORMING AMENDMENTS.
(a) ARMS EXPORT CONTROL ACT.—
(1) Section 38 of the Arms Export Control Act
(22 U.S.C. 2778) is amended—
(A) in subsection (e)—
(i) in the first sentence by striking
‘‘subsections (c)’’ and all that follows
through ‘‘12 of such Act’’ and inserting
‘‘subsections (b), (c), (d) and (e) of section
110 of the Export Administration Act of
1996, by subsections (a) and (b) of section
113 of such Act, and by section 114(g) of
such Act’’; and
(ii) in the third sentence by striking
‘‘11(c) of the Export Administration Act of
1979’’ and inserting ‘‘110(c) of the Export
Administration Act of 1996’’; and
194
HR 361 RDS
(B) in subsection (g)(1)(A) by striking
clause (ii) and inserting the following:
‘‘(ii) section 110 of the Export Administra-
tion Act of 1996,’’.
(2) Section 39A(c) of the Arms Export Control
Act, as added by the Foreign Relations Authoriza-
tion Act, Fiscal Years 1994 and 1995, is amended—
(A) by striking ‘‘(c),’’ and all that follows
through ‘‘12(a) of such Act’’ and inserting ‘‘(c),
(d), and (e) of section 110, section 112(c), and
subsections (a) and (b) of section 113, of the
Export Administration Act of 1996’’; and
(B) by striking ‘‘11(c)’’ and inserting
‘‘110(c)’’.
(3) Section 40(k) of the Arms Export Control
Act (22 U.S.C. 2780(k)) is amended—
(A) by striking ‘‘11(c), 11(e), 11(g), and
12(a) of the Export Administration Act of
1979’’ and inserting ‘‘110(b), 110(c), 110(e),
113(a), and 113(b) of the Export Administra-
tion Act of 1996’’; and
(B) by striking ‘‘11(c)’’ and inserting
‘‘110(c)’’.
(4) Section 73A of the Arms Export Control
Act, as added by the Foreign Relations Authoriza-
195
HR 361 RDS
tion Act, Fiscal Years 1995 and 1995, is amended
by striking ‘‘a MTCR adherent’’ and inserting ‘‘an
MTCR adherent’’.
(b) OTHER PROVISIONS OF LAW.—
(1) Section 5(b)(4) of the Trading with the
Enemy Act (12 U.S.C. 95a(4); 50 U.S.C. App.
5(b)(4)) is amended by striking ‘‘section 5 of the
Export Administration Act of 1979, or under section
6 of that Act to the extent that such controls pro-
mote the nonproliferation or antiterrorism policies of
the United States’’ and inserting ‘‘the Export Ad-
ministration Act of 1996’’.
(2) Section 502B(a)(2) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2304(a)(2)) is amend-
ed in the second sentence—
(A) by striking ‘‘Export Administration
Act of 1979’’ the first place it appears and in-
serting ‘‘Export Administration Act of 1996’’;
and
(B) by striking ‘‘Act of 1979)’’ and insert-
ing ‘‘Act of 1996)’’.
(3)(A) Section 140(a) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22
U.S.C. 2656f(a)) is amended—
196
HR 361 RDS
(i) in paragraph (1)(B) by inserting ‘‘or
section 106(i) of the Export Administration Act
of 1996’’ after ‘‘Act of 1979’’; and
(ii) in paragraph (2) by striking ‘‘6(j) of
the Export Administration Act of 1979’’ and
inserting ‘‘106(i) of the Export Administration
Act of 1996’’.
(B) For purposes of the report required by
March 31, 1996, under section 140(a) of the For-
eign Relations Authorization Act, Fiscal Years 1988
and 1989, the reference in paragraph (2) of such
section to ‘‘section 106(i) of the Export Administra-
tion Act of 1996’’ shall be deemed to refer to ‘‘sec-
tion 6(j) of the Export Administration Act of 1979
or section 106(i) of the Export Administration Act
of 1996’’.
(4) Section 40(e)(1) of the State Department
Basic 
Authorities 
Act 
of 
1956 
(22 
U.S.C.
2712(e)(1)) is amended by striking ‘‘6(j)(1) of the
Export Administration Act of 1979’’ and inserting
‘‘106(i)(1) of the Export Administration Act of
1996’’.
(5) Section 110 of the International Security
and Development Cooperation Act of 1980 (22
197
HR 361 RDS
U.S.C. 2778a) is amended by striking ‘‘Act of
1979’’ and inserting ‘‘Act of 1996’’.
(6) Section 205(d)(4)(B) of the State Depart-
ment Basic Authorities Act of 1956 (22 U.S.C.
4305(d)(4)(B)) is amended by striking ‘‘6(j) of the
Export Administration Act of 1979’’ and inserting
‘‘106(i) of the Export Administration Act of 1996’’.
(7) Section 203(b)(3) of the International
Emergency Economic Powers Act (50 U.S.C.
1702(b)(3)) is amended by striking ‘‘section 5 of the
Export Administration Act of 1979, or under section
6 of such Act to the extent that such controls pro-
mote the nonproliferation or antiterrorism policies of
the United States’’ and inserting ‘‘the Export Ad-
ministration Act of 1996’’.
(8) Section 491(f) of the Forest Resources Con-
servation and Shortage Relief Act of 1990 (16
U.S.C. 620c(f)) is repealed.
(9) Section 499 of the Forest Resources Con-
servation and Shortage Relief Act of 1990 (16
U.S.C. 620j) is amended by striking ‘‘section 7 of
the Export Administration Act of 1979’’ and insert-
ing ‘‘section 107 of the Export Act of 1996’’.
(10) Section 1605 (a)(7)(A) of title 28, United
States Code, is amended by striking ‘‘6(j) of the Ex-
198
HR 361 RDS
port Administration Act of 1979 (50 U.S.C. App.
2405(j))’’ and inserting ‘‘106(i) of the Export Ad-
ministration Act of 1996’’.
(11) Section 2332d(a) of title 18, United States
Code, is amended by striking ‘‘6(j) of the Export
Administration Act (50 U.S.C. App. 2405)’’ and in-
serting ‘‘106(i) of the Export Administration Act of
1996’’.
(12) Section 620H (a)(1) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2378(a)(1)) is amend-
ed by striking ‘‘6(j) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j))’’ and insert-
ing ‘‘106(i) of the Export Administration Act of
1996’’.
(13) Section 1621(a) of the International Fi-
nancial Institutions Act (22 U.S.C. 262p–4q(a)) is
amended by striking ‘‘6(j) of the Export Administra-
tion Act of 1979 (50 U.S.C. App. 2405(j))’’ and in-
serting ‘‘106(i) of the Export Administration Act of
1996’’.
(c) REPEAL.—The Export Administration Act of
1979 is repealed.
SEC. 120. EXPIRATION DATE.
This title expires on June 30, 2001.
199
HR 361 RDS
SEC. 121. SAVINGS PROVISIONS.
(a) IN GENERAL.—All delegations, rules, regulations,
orders, determinations, licenses, or other forms of admin-
istrative action which have been made, issued, conducted,
or allowed to become effective under—
(1) the Export Control Act of 1949, the Export
Administration Act of 1969, or the Export Adminis-
tration Act of 1979, or
(2) those provisions of the Arms Export Control
Act which are amended by section 119,
and are in effect at the time this title takes effect, shall
continue in effect according to their terms until modified,
superseded, set aside, or revoked under this title or the
Arms Export Control Act.
(b) ADMINISTRATIVE
AND
JUDICIAL
PROCEED-
INGS.—
(1) EXPORT ADMINISTRATION ACT.—This title
shall not affect any administrative or judicial pro-
ceedings commenced or any application for a license
made, under the Export Administration Act of 1979,
which is pending at the time this title takes effect.
Any such proceedings, and any action on such appli-
cation, shall continue under the Export Administra-
tion Act of 1979 as if that Act had not been re-
pealed.
201
HR 361 RDS
eign Relations Authorization Act, Fiscal Years 1994 and
1995; Public Law 103–236; 108 Stat. 525) is hereby re-
pealed.
(b) 
PRESIDENTIAL
DETERMINATIONS.—Section
824(c) of the Nuclear Proliferation Prevention Act of
1994 is amended by striking ‘‘, in writing after oppor-
tunity for a hearing on the record,’’.
(c) JUDICIAL REVIEW.—Section 824 of the Nuclear
Proliferation Prevention Act of 1994 is amended—
(1) by striking subsection (e); and
(2) by redesignating subsections (f) through (k)
as subsections (e) through (j), respectively.
(d) 
CONFORMING
AMENDMENT.—Section
102(b)(2)(G) of the Arms Export Control Act (22 U.S.C.
2799aa–1(b)(2)(G)) is amended by striking ‘‘section 6 of
the Export Administration Act of 1979’’ and inserting
‘‘section 105 or 106 of the Export Administration Act of
1996’’.
SEC. 202. SEEKING MULTILATERAL SUPPORT FOR UNILAT-
ERAL SANCTIONS.
The Secretary of State, in consultation with appro-
priate departments and agencies, shall seek the support
of other countries for sanctions imposed under the Nuclear
Proliferation Prevention Act of 1994 or the amendments
made by that Act.
202
HR 361 RDS
SEC. 203. SANCTIONS UNDER THE NUCLEAR PROLIFERA-
TION PREVENTION ACT OF 1994.
Section 102(b)(2) of the Arms Export Control Act
(22 U.S.C. 2799aa–1(b)(2)) is amended—
(1) in subparagraph (D) by striking ‘‘shall not
apply—’’ and all that follows through the end of
clause (ii) and inserting ‘‘shall not apply to humani-
tarian assistance.’’;
(1) in subparagraph (G) by striking ‘‘, except
that’’ and all that follows through the end of the
subparagraph and inserting a period; and
(3) by adding at the end the following:
‘‘(H)(i) The President shall prohibit the impor-
tation into the United States of specific products
produced in that country by persons who have en-
gaged in the activities described in paragraph (1)
that were the basis of the President’s determination
under such paragraph.
‘‘(ii) In the event that it is not possible to iden-
tify the persons who have engaged in the activities
described in paragraph (1) that were the basis of the
President’s determination under such paragraph, the
President shall prohibit the importation into the
United States of products produced in that country
by those persons that the President shall designate
as most closely identified with those activities.
203
HR 361 RDS
‘‘(iii) For purposes of this subparagraph, the
term ‘person’ means—
‘‘(I) a natural person;
‘‘(II) a corporation, business association,
partnership, society, or trust, or any other non-
governmental entity, organization, or group;
‘‘(III) a governmental entity operating as a
business enterprise;
‘‘(IV) a division or office of a governmental
department; or
‘‘(V) a military unit or successor to such
unit.
‘‘(iv) The prohibition on imports imposed under
this subparagraph shall be in addition to any other
prohibition on imports in effect before the Presi-
dent’s determination under paragraph (1) is made.
The prohibitions contained in subparagraphs (D), (G),
and (H) shall not apply to any transaction subject to the
reporting requirements of title V of the National Security
Act of 1947.’’.
Passed the House of Representatives July 16, 1996.
Attest:
ROBIN H. CARLE,
Clerk.