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(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-
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; 
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(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.— 
(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 
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HR 5841 PCS 
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.— 
(i) IN
GENERAL.—Information de-
scribed in clause (i) of subparagraph (B) 
shall be subject to the limitations con-
tained in section 716 of title 31, United 
States Code. 
(ii) PROHIBITION ON FURTHER DIS-
CLOSURE.—An officer or employee of the 
Government Accountability Office may not 
disclose, except to the Congress in accord-
ance with this paragraph, any such infor-
mation that is submitted on a confidential 
basis or from which any individual can be 
identified. 
(3) INFORMATION SHARING.— 
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HR 5841 PCS 
(A) IN GENERAL.—Any Federal official de-
scribed in section 815(a) who obtains informa-
tion that is relevant to the enforcement of this 
subtitle, including information pertaining to any 
investigation, shall furnish such information to 
each appropriate department, agency, or office 
with enforcement responsibilities under this sec-
tion to the extent consistent with the protection 
of intelligence, counterintelligence, and law en-
forcement sources, methods, and activities. 
(B) EXCEPTIONS.—The provisions of this 
paragraph shall not apply to information sub-
ject to the restrictions set forth in section 9 of 
title 13, United States Code, and return infor-
mation, 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 au-
thorized by that section. 
(C) EXCHANGE
OF
INFORMATION.—The 
President shall ensure that the heads of depart-
ments, agencies, and offices with enforcement 
authorities under this subtitle, consistent with 
protection of law enforcement and its sources 
and methods— 
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HR 5841 PCS 
(i) exchange any licensing and en-
forcement information with one another 
that is necessary to facilitate enforcement 
efforts under this section; and 
(ii) consult on a regular basis with 
one another and with the head of other de-
partments, agencies, and offices that ob-
tain information subject to this paragraph, 
in order to facilitate the exchange of such 
information. 
(D) INFORMATION
SHARING
WITH
FED-
ERAL AGENCIES.—Licensing or enforcement in-
formation obtained under this subtitle may be 
shared with departments, agencies, and offices 
that do not have enforcement authorities under 
this subtitle on a case-by-case basis. 
(g) REPORTING REQUIREMENTS.—In the administra-
tion of this section, reporting requirements shall be de-
signed to reduce the cost of reporting, recordkeeping, and 
documentation to the extent consistent with effective en-
forcement and compilation of useful trade statistics. Re-
porting, recordkeeping, and documentation requirements 
shall be periodically reviewed and revised in the light of 
developments in the field of information technology. 
(h) CIVIL FORFEITURE.— 
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HR 5841 PCS 
(1) IN
GENERAL.—Any tangible items seized 
under subsection (a) by designated officers or em-
ployees shall be subject to forfeiture to the United 
States in accordance with applicable law, except that 
property seized shall be returned if the property 
owner is not found guilty of a civil or criminal viola-
tion under section 819. 
(2) PROCEDURES.—Any seizure or forfeiture 
under this subsection shall be carried out in accord-
ance with the procedures set forth in section 981 of 
title 18, United States Code. 
(i) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed to limit or otherwise affect the enforce-
ment authorities of the Department of Homeland Security 
which may also complement those set forth herein. 
SEC. 822. ADMINISTRATIVE PROCEDURE. 
(a) IN GENERAL.—The functions exercised under 
this subtitle shall not be subject to sections 551, 553 
through 559, and 701 through 706 of title 5, United 
States Code. 
(b) ADMINISTRATIVE LAW JUDGES.—The Secretary 
is authorized to appoint an administrative law judge, and 
may designate administrative law judges from other Fed-
eral agencies who are provided pursuant to a legally au-
thorized interagency agreement with the Department of 
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Commerce, and consistent with the provisions of section 
3105 of title 5, United States Code. 
(c) AMENDMENTS TO REGULATIONS.—The President 
shall notify in advance the Committee on Banking, Hous-
ing, 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 Regu-
lations with an explanation of the intent and rationale of 
such amendments. 
SEC. 823. 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 Com-
merce or any other Federal agency, as appropriate, to de-
termine whether current practices and procedures are con-
sistent with established national security and foreign pol-
icy 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 sub-
section (a). 
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HR 5841 PCS 
(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 Administration of Export Controls) 
is meeting to conduct an interagency dispute resolution 
relating to applications for export licenses under the Ex-
port Administration Regulations, matters relating to jet 
engine hot section technology, commercial communication 
satellites, and emerging or foundational technology shall 
be decided by majority vote. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives; and 
(2) the Committee on Armed Services and the 
Committee on Banking, Housing, and Urban Affairs 
of the Senate. 
SEC. 824. COORDINATION WITH OTHER AGENCIES ON COM-
MODITY CLASSIFICATION AND REMOVAL OF 
EXPORT CONTROLS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary shall coordinate with the Sec-
retary of Defense, the Secretary of State, and the Sec-
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HR 5841 PCS 
retary of Energy before taking any of the actions de-
scribed in subsection (b). 
(b) ACTIONS DESCRIBED.—The actions described in 
this subsection are the following: 
(1) Amending the Commerce Control List set 
forth in Supplement No. 1 to part 774 of the Export 
Administration Regulations to remove an item from 
the list. 
(2) Providing a commodity classification deter-
mination under section 748.3 of the Export Admin-
istration Regulations, including with respect to— 
(A) ‘‘600 series’’ items; 
(B) commercial communication satellites 
(ECCN 9x515); 
(C) emerging and foundational tech-
nologies identified under section 818(a); 
(D) ‘‘specially designed’’ items under part 
774 of title 15, Code of Federal Regulations; or 
(E) any other items that the Secretary, in 
coordination with the Secretary of Defense, the 
Secretary of State, and the Secretary of En-
ergy, identifies and mutually determines is ma-
terially significant enough to warrant inter-
agency consultation before the Secretary deter-
mines to add the item to the Commerce Control 
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HR 5841 PCS 
List and provide the item with a Export Con-
trol Classification Number (ECCN). 
(3) Amending the Commerce Control List to re-
move any control imposed pursuant to subsection (b) 
of section 818 on the export, reexport, or transfer of 
an emerging or foundational technology identified 
under subsection (a) of that section. 
(4) Amending the Export Administration Regu-
lations to expand the scope or application of a li-
cense exception authorized by section 740 of the Ex-
port Administration Regulations. 
SEC. 825. ANNUAL REPORT TO CONGRESS. 
(a) IN GENERAL.—The President shall submit to 
Congress, by December 31 of each year, a report on the 
implementation of this subtitle during the preceding fiscal 
year. The report shall include a review of— 
(1) the effect of controls imposed under this 
subtitle on exports, reexports, and transfers of items 
in addressing threats to the national security or for-
eign policy of the United States, including a descrip-
tion of licensing processing times; 
(2) the impact of such controls on the scientific 
and technological leadership of the United States; 
(3) the consistency with such controls of export 
controls imposed by other countries; 
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HR 5841 PCS 
(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 Administration Regulations; 
(7) a summary of approved license applications 
to proscribed persons; 
(8) efforts undertaken within the previous year 
to comply with the requirements of section 819, in-
cluding any critical technologies identified under 
such section and how or whether such critical tech-
nologies were controlled for export; and 
(9) a summary of industrial base assessments 
conducted during the previous year by the Depart-
ment of Commerce, including with respect to coun-
terfeit electronics, foundational technologies, and 
other research and analysis of critical technologies 
and industrial capabilities of key defense-related sec-
tors. 
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HR 5841 PCS 
(b) FORM.—The report required under subsection (a) 
shall be submitted in unclassified form, but may contain 
a classified annex. 
SEC. 826. REPEAL. 
(a) IN GENERAL.—The Export Administration Act of 
1979 (50 U.S.C. App. 2401 et seq.) (as continued in effect 
pursuant to the International Emergency Economic Pow-
ers Act) is repealed. 
(b) IMPLEMENTATION.—The President shall imple-
ment 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.). 
SEC. 827. EFFECT ON OTHER ACTS. 
(a) IN GENERAL.—Except as otherwise provided in 
this subtitle, nothing contained in this subtitle shall be 
construed to modify, repeal, supersede, or otherwise affect 
the provisions of any other laws authorizing control over 
exports, reexports, or transfers of any item, or activities 
of United States persons subject to the Export Adminis-
tration Regulations. 
(b) COORDINATION OF CONTROLS.— 
(1) IN GENERAL.—The authority granted to the 
President under this subtitle shall be exercised in 
such manner so as to achieve effective coordination 
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HR 5841 PCS 
with all export control and sanctions authorities ex-
ercised by Federal departments and agencies dele-
gated with authority under this subtitle, particularly 
the Department of State, the Department of the 
Treasury, and the Department of Energy. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that in order to achieve effective coordina-
tion described in paragraph (1), such Federal de-
partments and agencies— 
(A) should continuously work to create en-
forceable regulations with respect to the export, 
reexport, and transfer by United States and 
foreign persons of commodities, software, tech-
nology, and services to various end uses and 
end users for foreign policy and national secu-
rity reasons; 
(B) should regularly work to reduce com-
plexity in the system, including complexity 
caused merely by the existence of structural, 
definitional, and other non-policy based dif-
ferences between and among different export 
control and sanctions systems; and 
(C) should coordinate controls on items ex-
ported, reexported, or transferred in connection 
with a foreign military sale under chapter 2 of 
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HR 5841 PCS 
the Arms Export Control Act or a commercial 
sale under section 38 of the Arms Export Con-
trol Act to reduce as much unnecessary admin-
istrative burden as possible that is a result of 
differences between the exercise of those two 
authorities. 
(c) NONPROLIFERATION
CONTROLS.—Nothing in 
this subtitle shall be construed to supersede the proce-
dures published by the President pursuant to section 
309(c) of the Nuclear Non-Proliferation Act of 1978. 
SEC. 828. TRANSITION PROVISIONS. 
(a) IN GENERAL.—All delegations, rules, regulations, 
orders, determinations, licenses, or other forms of admin-
istrative action that have been made, issued, conducted, 
or allowed to become effective under the Export Adminis-
tration Act of 1979 (as in effect on the day before the 
date of the enactment of this Act and as continued in ef-
fect pursuant to the International Emergency Economic 
Powers Act), or the Export Administration Regulations, 
and are in effect as of the date of the enactment of this 
Act, shall continue in effect according to their terms until 
modified, superseded, set aside, or revoked under the au-
thority of this subtitle. 
(b) 
ADMINISTRATIVE
AND
JUDICIAL
PRO-
CEEDINGS.—This subtitle shall not affect any administra-
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HR 5841 PCS 
tive or judicial proceedings commenced, or any applica-
tions for licenses made, under 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 pur-
suant to the International Emergency Economic Powers 
Act), or the Export Administration Regulations. 
(c) CERTAIN DETERMINATIONS AND REFERENCES.— 
(1) STATE SPONSORS OF TERRORISM.—Any de-
termination that was made under section 6(j) 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 Inter-
national Emergency Economic Powers Act) shall 
continue in effect as if the determination had been 
made under section 814(c) of this Act. 
(2) REFERENCE.—Any reference in any other 
provision of law to a country the government of 
which the Secretary of State has determined, for 
purposes of section 6(j) of the Export Administra-
tion 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), is a government that has re-
peatedly provided support for acts of international 
terrorism shall be deemed to refer to a country the 
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(iii) routine services and maintenance 
of products, to the extent that alternative 
sources are not readily or reasonably avail-
able; or 
(iv) information and technology essen-
tial to United States products or produc-
tion. 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs of 
the House of Representatives; and 
(B) the Committee on Foreign Relations 
and the Committee on Banking, Housing, and 
Urban Affairs of the Senate. 
(2) DEFENSE ARTICLES; DEFENSE SERVICES.— 
The terms ‘‘defense articles’’ and ‘‘defense services’’ 
mean those items on the United States Munitions 
List as defined in section 47(7) of the Arms Export 
Control Act (22 U.S.C. 2794 note). 
(3) MISSILE.—The term ‘‘missile’’ means a cat-
egory I system as defined in the MTCR Annex. 
(4) MISSILE TECHNOLOGY CONTROL REGIME; 
MTCR.—The term ‘‘Missile Technology Control Re-
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