H. R. 5515—594 
(A) IN GENERAL.—Information obtained under this part 
may be withheld from disclosure only to the extent per-
mitted by statute, except that information described in 
subparagraph (B) shall be withheld from public disclosure 
and shall not be subject to disclosure under section 
552(b)(3) of title 5, United States Code, unless the release 
of such information is determined by the Secretary to be 
in the national interest. 
(B) INFORMATION
DESCRIBED.—Information described 
in this subparagraph is information submitted or obtained 
in connection with an application for a license or other 
authorization to export, reexport, or in-country transfer 
items or engage in other activities, a recordkeeping or 
reporting requirement, an enforcement activity, or other 
operations under this part, including— 
(i) the license application, license, or other 
authorization itself; 
(ii) classification or advisory opinion requests, and 
the response thereto; 
(iii) license determinations, and information per-
taining thereto; 
(iv) information or evidence obtained in the course 
of any investigation; and 
(v) information obtained or furnished in connection 
with any international agreement, treaty, or other 
obligation. 
(2) INFORMATION TO THE CONGRESS AND GAO.— 
(A) IN GENERAL.—Nothing in this section shall be con-
strued as authorizing the withholding 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 any provision of the Export Administration 
Act of 1979 (50 U.S.C. 4601 et seq.) (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 (50 U.S.C. 1701 et 
seq.)), under the Export Administration Regulations, 
or under this part, 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 member 
of such committee or subcommittee. 
(ii) PROHIBITION
ON
FURTHER
DISCLOSURE.—No 
such committee or subcommittee, or member thereof, 
may disclose any information made available under 
clause (i), that is submitted on a confidential basis 
unless the full committee determines that the with-
holding of that information is contrary to the national 
interest. 
(C) AVAILABILITY TO GAO.— 
(i) IN GENERAL.—Information described in clause 
(i) of subparagraph (B) shall be subject to the limita-
tions contained in section 716 of title 31, United States 
Code.
H. R. 5515—595 
(ii) PROHIBITION
ON
FURTHER
DISCLOSURE.—An 
officer or employee of the Government Accountability 
Office may not disclose, except to the Congress in 
accordance with this paragraph, any such information 
that is submitted on a confidential basis or from which 
any individual can be identified. 
(3) INFORMATION SHARING.— 
(A) IN GENERAL.—Any Federal official described in sec-
tion 1755(a) who obtains information that is relevant to 
the enforcement of this part, including information per-
taining to any investigation, shall furnish such information 
to each appropriate department, agency, or office with 
enforcement responsibilities under this section to the extent 
consistent with the protection of intelligence, counterintel-
ligence, and law enforcement sources, methods, and activi-
ties. 
(B) EXCEPTIONS.—The provisions of this paragraph 
shall not apply to information subject to the restrictions 
set forth in section 9 of title 13, United States Code, and 
return information, as defined in subsection (b) of section 
6103 of the Internal Revenue Code of 1986 (26 U.S.C. 
6103(b)), may be disclosed only as authorized by that sec-
tion. 
(C) EXCHANGE OF INFORMATION.—The President shall 
ensure that the heads of departments, agencies, and offices 
with enforcement authorities under this part, consistent 
with protection of law enforcement and its sources and 
methods— 
(i) exchange any licensing and enforcement 
information with one another that is necessary to facili-
tate enforcement efforts under this section; and 
(ii) consult on a regular basis with one another 
and with the head of other departments, agencies, 
and offices that obtain information subject to this para-
graph, in order to facilitate the exchange of such 
information. 
(D) INFORMATION SHARING WITH FEDERAL AGENCIES.— 
Licensing or enforcement information obtained under this 
part may be shared with departments, agencies, and offices 
that do not have enforcement authorities under this part 
on a case-by-case basis. 
(i) REPORTING REQUIREMENTS.—In the administration of this 
section, reporting requirements shall be designed to reduce the 
cost of reporting, recordkeeping, and documentation to the extent 
consistent with effective enforcement and compilation of useful 
trade statistics. Reporting, recordkeeping, and documentation 
requirements shall be periodically reviewed and revised in the 
light of developments in the field of information technology. 
(j) CIVIL FORFEITURE.— 
(1) IN GENERAL.—Any property, real or personal, tangible 
or intangible, seized under subsection (a) by designated officers 
or employees shall be subject to forfeiture to the United States 
in accordance with applicable law. 
(2) PROCEDURES.—Any seizure or forfeiture under this sub-
section shall be carried out in accordance with the procedures 
set forth in section 981 of title 18, United States Code.
H. R. 5515—596 
(k) RULE OF CONSTRUCTION.—Nothing in this Act shall be con-
strued to limit or otherwise affect the enforcement authorities of 
the Department of Homeland Security which may also complement 
those set forth herein. 
SEC. 1762. ADMINISTRATIVE PROCEDURE. 
(a) IN GENERAL.—Except as provided in section 1760(c)(2)or 
1774(c), the functions exercised under this part shall not be subject 
to sections 551, 553 through 559, and 701 through 706 of title 
5, United States Code. 
(b) ADMINISTRATIVE LAW JUDGES.— 
(1) IN GENERAL.—The Secretary may— 
(A) appoint administrative law judges, consistent with 
the provisions of section 3105 of title 5, United States 
Code; and 
(B) designate properly appointed administrative law 
judges from other Federal agencies who are provided to 
the Department of Commerce pursuant to a legally author-
ized interagency agreement. 
(2) LIMITATION.—An administrative law judge appointed 
or designated by the Secretary under paragraph (1) may preside 
only over proceedings of the Department of Commerce. 
(c) AMENDMENTS TO REGULATIONS.—The President shall notify 
in advance the Committee on Banking, Housing, and Urban Affairs 
of the Senate and the Committee on Foreign Affairs of the House 
of Representatives of any proposed amendments to the Export 
Administration Regulations with an explanation of the intent and 
rationale of such amendments. 
SEC. 1763. REVIEW OF INTERAGENCY DISPUTE RESOLUTION PROCESS. 
(a) IN GENERAL.—The President shall review and evaluate the 
interagency export license referral, review, and escalation processes 
for dual-use items and munitions under the licensing jurisdiction 
of the Department of Commerce or any other Federal agency, as 
appropriate, to determine whether current practices and procedures 
are consistent with established national security and foreign policy 
objectives. 
(b) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the President shall submit to the appropriate 
congressional committees a report that contains the results of the 
review carried out under subsection (a). 
(c) OPERATING COMMITTEE FOR EXPORT POLICY.—In any case 
in which the Operating Committee for Export Policy established 
by Executive Order 12981 (December 5, 1991; relating to Adminis-
tration of Export Controls) is meeting to conduct an interagency 
dispute resolution relating to applications for export licenses under 
the Export Administration Regulations, matters relating to jet 
engine hot section technology, commercial communication satellites, 
and emerging or foundational technology may be decided by 
majority vote. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives; and 
(2) the Committee on Armed Services and the Committee 
on Banking, Housing, and Urban Affairs of the Senate.
H. R. 5515—597 
SEC. 1764. CONSULTATION WITH OTHER AGENCIES ON COMMODITY 
CLASSIFICATION. 
Notwithstanding any other provision of law, the Secretary shall 
consult with the Secretary of Defense, the Secretary of State, and 
the Secretary of Energy, as appropriate, regarding commodity classi-
fications for any item the Secretary and the Secretary of Defense, 
the Secretary of State, and the Secretary of Energy identify and 
mutually determine is materially significant enough to warrant 
interagency consultation. 
SEC. 1765. ANNUAL REPORT TO CONGRESS. 
(a) IN GENERAL.—The Secretary shall submit to Congress, by 
December 31 of each year, a report on the implementation of this 
part during the preceding fiscal year. The report shall include 
a review of— 
(1) the effect of controls imposed under this part on exports, 
reexports, and in-country transfers of items in addressing 
threats to the national security or foreign policy of the United 
States, including a description of licensing processing times; 
(2) the impact of such controls on the scientific and techno-
logical leadership of the United States; 
(3) the consistency with such controls of export controls 
imposed by other countries; 
(4) efforts to provide exporters with compliance assistance, 
including specific actions to assist small- and medium-sized 
businesses; 
(5) a summary of regulatory changes from the prior fiscal 
year; 
(6) a summary of export enforcement actions, including 
of actions taken to implement end-use monitoring of dual- 
use, military, and other items subject to the Export Administra-
tion Regulations; 
(7) a summary of approved license applications to pro-
scribed persons; 
(8) efforts undertaken within the previous year to comply 
with the requirements of section 1759, including any critical 
technologies identified under such section and how or whether 
such critical technologies were controlled for export; and 
(9) a summary of industrial base assessments conducted 
during the previous year by the Department of Commerce, 
including with respect to counterfeit electronics, foundational 
technologies, and other research and analysis of critical tech-
nologies and industrial capabilities of key defense-related sec-
tors. 
(b) FORM.—The report required under subsection (a) shall be 
submitted in unclassified form, but may contain a classified annex. 
SEC. 1766. REPEAL. 
(a) IN GENERAL.—The Export Administration Act of 1979 (50 
U.S.C. 4601 et seq.) (as continued in effect pursuant to the Inter-
national Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) 
(other than sections 11A, 11B, and 11C of such Export Administra-
tion Act of 1979) is repealed. 
(b) IMPLEMENTATION.—The President shall implement the 
amendment made by subsection (a) by exercising the authorities 
of the President under the International Emergency Economic 
Powers Act (50 U.S.C. 1701 et seq.).