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shall submit to the Congress a report on the results
of the audit.
(B) The Secretary shall submit annually to the
Congress a report, which may be included in the an-
nual report under section 115, specifying the follow-
ing information:
(i) The number of undercover investigative
operations pending as of the end of the period for
which such report is submitted.
(ii) The number of undercover investigative
operations commenced in the 1-year period pre-
ceding the period for which such report is sub-
mitted.
(iii) The number of undercover investigative
operations closed in the 1-year period preceding
the period for which such report is submitted
and, with respect to each such closed undercover
operation, the results obtained and any civil
claims made with respect thereto.
(5) DEFINITIONS.—For purposes of paragraph
(4)—
(A) the term ‘‘closed’’, with respect to an
undercover investigative operation, refers to the
earliest point in time at which all criminal pro-
ceedings (other than appeals) pursuant to the in-
138
vestigative operation are concluded, or covert ac-
tivities pursuant to such operation are con-
cluded, whichever occurs later;
(B) the terms ‘‘undercover investigative op-
eration’’ and ‘‘undercover operation’’ mean any
undercover investigative operation conducted by
OEE—
(i) in which the gross receipts (exclud-
ing interest earned) exceed $25,000, or ex-
penditures (other than expenditures for sal-
aries of employees) exceed $75,000, and
(ii) which is exempt from section 3302
or 9102 of title 31, United States Code,
except that clauses (i) and (ii) shall not apply
with respect to the report to the Congress re-
quired by subparagraph (B) of paragraph (4);
and
(C) the term ‘‘employees’’ means employees,
as defined in section 2105 of title 5, United
States Code, of the Department of Commerce.
(e) REFERENCE TO ENFORCEMENT.—For purposes of
this section, a reference to the enforcement of this title or
to a violation of this title includes a reference to the enforce-
ment or a violation of any regulation, license, or order is-
sued under this title.
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SEC. 114. EXPORT CONTROL AUTHORITIES AND PROCE-
DURES.
(a) POLICY GUIDANCE.—
(1) IN GENERAL.—As directed by the President,
annual policy guidance shall be issued to provide de-
tailed implementing guidance to export licensing offi-
cials in all appropriate departments and agencies.
(2) ELEMENTS OF ANNUAL POLICY REVIEW.—In
order to develop such annual policy guidance, export
controls and other regulations to implement this title
shall be reviewed annually. This annual policy review
shall include an evaluation of the benefits and costs
of the imposition, extension, or removal of controls
under this title. This review shall include—
(A) an assessment by the Secretary of the
economic consequences of the imposition, exten-
sion, or removal of controls during the preceding
12 months, including the impact on United
States exports or jobs;
(B) an assessment by the Secretary of State
of the objectives of the controls in effect during
the preceding 12 months, and the extent to which
the controls have served those objectives; and
(C) an assessment by the Secretary of De-
fense of the impact that the imposition, exten-
sion, or removal of controls during the preceding