‘‘302. Conferences and seminars. 
‘‘303. Automated Export System registrations for filers. 
‘‘304. Notification of reelvant export requirements. 
‘‘305. Fees and charges. 
‘‘306. Rules, regulations, and orders. 
‘‘307. Secretary of Treasury functions. 
‘‘308. Filing export information, delayed filings, penalties for failure to file. 
‘‘309. Penalties for unlawful export information activities. 
‘‘310. Delegation of functions. 
‘‘311. Relationship to general census law. 
‘‘312. Definitions.’’. 
SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out the amendments made 
by this title. 
TITLE II—EXPORT 
ENFORCEMENT ENHANCEMENT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Export Enforcement 
Act of 2009’’. 
Subtitle A—Enforcement of Export 
Administration Regulations 
SEC. 211. DECLARATION OF POLICY. 
The Congress declares that, at a time of evolving 
threats and changing relationships with other countries, 
as well as rapid technological change and an increasingly 
globalized economy, United States strategic export con-
trols are in urgent need of a comprehensive review in order 
to assure those controls are achieving their intended pur-
poses of protecting the national security of the United 
States in the Global War on Terrorism and of promoting 
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the economic and foreign policy interests of the United 
States, in particular by assuring that— 
(1) export authorization procedures are prop-
erly designed to prioritize which exports may be ap-
proved quickly for trusted partners of the United 
States and which require greater scrutiny in order to 
safeguard national interests; 
(2) strategic export controls appropriately and 
effectively identify and protect technologies critical 
to United States national security interests; and 
(3) coordination among the responsible depart-
ments and agencies of the Government of the United 
States is improved in order to enhance efficiency, in-
formation sharing, and the consistent execution of 
United States policy. 
SEC. 212. ENFORCEMENT. 
(a) GENERAL AUTHORITY.— 
(1) IN GENERAL.—To the extent necessary or 
appropriate for the enforcement of the Export Ad-
ministration Regulations, or for the imposition of 
any penalty, forfeiture, or liability arising under the 
Export Administration Regulations— 
(A) the head of any department or agency 
exercising any function under the Export Ad-
ministration Regulations and officers or em-
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ployees of such department or agency specifi-
cally designated by the head thereof) may con-
duct investigations within the United States; 
(B) the Secretary of Commerce (and offi-
cers and employees of the Office of Export En-
forcement of the Department of Commerce spe-
cifically designated by the Secretary of Com-
merce), and the head of any department or 
agency with responsibility for enforcing the Ex-
port Administration Regulations (and officers 
and employees of such department or agency 
specifically designated by the head of such de-
partment or agency), may conduct investiga-
tions outside of the United States; 
(C) the head of any department or agency 
with the responsibility for enforcing the Export 
Administration Regulations (and the officers or 
employees of such department or agency) may 
obtain information from, require reports or the 
keeping of records by, inspect the books, 
records, and other writings, premises, or prop-
erty of, and take the sworn testimony of, any 
person; 
(D)(i) the officers or employees of such de-
partment or agency may administer oaths or af-
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firmations, and may by subpoena require any 
person to appear and testify or to appear and 
produce books, records, and other writings, or 
both; and 
(ii) in the case of contumacy by, or refusal 
to obey a subpoena issued to, any such person, 
a district court of the United States, after no-
tice to any such person and hearing, shall have 
jurisdiction to issue an order requiring such 
person to appear and give testimony or to ap-
pear and produce books, records, and other 
writings, or both, and any failure to obey such 
order of the court may be punished by such 
court as a contempt thereof; and 
(E) the Secretary of Commerce (and offi-
cers or employees of the Department of Com-
merce designated by the Secretary) may con-
duct, outside the United States, pre-license in-
vestigations and post-shipment verifications of 
items licensed for export. 
(2) ENFORCEMENT.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B)— 
(i) the Secretary of Commerce shall 
have the responsibility for the enforcement 
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of the restrictive trade practices and boy-
cott provisions of the Export Administra-
tion Regulations; 
(ii) to the extent necessary or appro-
priate for the enforcement of the Export 
Administration Regulations, or for the im-
position of any penalty, forfeiture, or liabil-
ity arising under the Export Administra-
tion Regulations, the Secretary of Com-
merce may search, detain (after search), 
and seize goods or technology— 
(I) at places within the United 
States other than those ports of entry 
or exit from the United States where 
officers of U.S. Immigration and Cus-
toms Enforcement and U.S. Customs 
and Border Protection are authorized 
by law to conduct such activities; and 
(II) at places outside the United 
States where the Office of Export En-
forcement of the Department of Com-
merce, pursuant to agreements or 
other arrangements with other coun-
tries, is authorized to perform en-
forcement activities; 
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(iii) the search, detention (after 
search), or seizure of goods or technology 
at ports and places authorized under 
clause (ii) may be conducted by officers or 
employees of the Department of Commerce 
designated by the Secretary of Commerce, 
with the concurrence of the Secretary of 
Homeland Security; and 
(iv) enforcement activities under this 
section that are conducted outside the 
United States, except for prelicense inves-
tigations and post-shipment verifications, 
shall be conducted with the concurrence of 
the Secretary of Homeland Security. 
(B) AUTHORITY
OF
OFFICE
OF
EXPORT 
ENFORCEMENT.—The Secretary of Commerce 
may designate any employee of the Office of 
Export Enforcement of the Department of 
Commerce to do the following in carrying out 
enforcement authority under this section: 
(i) Execute any warrant or other proc-
ess issued by a court or officer of com-
petent jurisdiction. 
(ii) Make arrests without warrant for 
any offense against the United States com-
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PWALKER on DSK8KYBLC1PROD with BILLS
mitted in such officer’s presence or view or 
any felony offense against the United 
States if such officer has probable cause to 
believe that the person to be arrested has 
committed or is committing that felony of-
fense. 
(iii) Carry firearms. 
(3) ATTORNEY
GENERAL
GUIDELINES.—The 
authority conferred by paragraph (2) shall be exer-
cised consistent with guidelines approved by the At-
torney General. 
(4) BEST PRACTICES GUIDELINES.— 
(A) IN GENERAL.—The Secretary of Com-
merce, in consultation with the technical advi-
sory committees established pursuant to section 
5(h) of the Export Administration Act of 1979, 
and representative exporters, shippers, trade 
facilitators, freight forwarders, and reexporters, 
shall continue to publish and update ‘‘best prac-
tices’’ guidelines to help industries develop and 
implement, on a voluntary basis, effective ex-
port control programs in compliance with the 
Export Administration Regulations. 
(B) EXPORT COMPLIANCE PROGRAM.—The 
existence of an effective export compliance pro-
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gram and high quality overall export compliance 
effort is one of the factors that ordinarily 
should be given weight as a mitigating factor in 
a civil penalty action under the Export Admin-
istration Regulations. 
(5) REFERENCE TO ENFORCEMENT.—For pur-
poses of this section, a reference to the enforcement 
of, or a violation of, the Export Administration Reg-
ulations includes a reference to the enforcement or 
a violation of any order or license issued pursuant 
to the Export Administration Regulations. 
(b) 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. 
(c) CONFIDENTIALITY OF INFORMATION.— 
(1) EXEMPTIONS FROM DISCLOSURE.— 
(A) INFORMATION OBTAINED ON OR BE-
FORE JUNE 30, 1980.—Except as otherwise pro-
vided by the third sentence of section 8(b)(2) 
and by section 11(c)(2)(C) of the Export Ad-
ministration Act of 1979, information obtained 
under the Export Administration Act of 1979, 
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or any predecessor statute, on or before June 
30, 1980, that is deemed confidential, including 
Shipper’s Export Declarations, or with respect 
to which a request for confidential treatment is 
made by the person furnishing such informa-
tion, shall not be subject to disclosure under 
section 552 of title 5, United States Code, and 
such information shall not be published or dis-
closed, unless the Secretary of Commerce deter-
mines that withholding such information is con-
trary to the national interest. 
(B) INFORMATION OBTAINED AFTER JUNE 
30, 1980.—Except as otherwise provided by the 
third sentence of section 8(b)(2) and by section 
11(c)(2)(C) of the Export Administration Act 
of 1979, information obtained under the Export 
Administration Act of 1979 after June 30, 
1980, or under the Export Administration Reg-
ulations may be withheld from disclosure only 
to the extent permitted by statute, except that 
information obtained for the purpose of consid-
eration of, or concerning, license applications 
under the Export Administration Act of 1979 
or the Export Administration Regulations shall 
be withheld from public disclosure unless the 
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release of such information is determined by the 
Secretary of Commerce to be in the national in-
terest. 
(2) WITHHOLDING
OF
INFORMATION
FROM 
FEDERAL AGENCIES BARRED.—Nothing in this sec-
tion or the Export Administration Regulations shall 
be construed as authorizing the withholding of infor-
mation from other Federal agencies for purposes of 
the enforcement of the Export Administration Regu-
lations, any regulation, rule, order, or license issued 
under the International Emergency Economic Pow-
ers Act, or any other provision of law. 
(3) 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.— 
(i) IN
GENERAL.—Any information 
obtained at any time under the Export Ad-
ministration Act of 1979, under previous 
Acts regarding the control of exports, or 
under the Export Administration Regula-
tions, including any report or license appli-
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cation required under any such Act or the 
Export Administration Regulations, shall 
be made available to a committee or sub-
committee of Congress of appropriate ju-
risdiction, upon the request of the chair-
man or ranking minority member 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 obtained under the 
Export Administration Act of 1979, under 
previous Acts regarding the control of ex-
ports, or under the Export Administration 
Regulations, that is submitted on a con-
fidential basis unless the full committee de-
termines that the withholding of that infor-
mation is contrary to the national interest. 
(C) AVAILABILITY TO GAO.— 
(i) IN
GENERAL.—Notwithstanding 
paragraph (1), information described in 
clause (i) of subparagraph (B) shall, con-
sistent with the protection of intelligence, 
counterintelligence, and law enforcement 
sources, methods, and activities, as deter-
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