I 
112TH CONGRESS 
1ST SESSION H. R. 2004 
To authorize the President to control the transfer of goods, services, tech-
nology, and software to protect the national security, and to promote 
the foreign policy, of the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 26, 2011 
Mr. BERMAN introduced the following bill; which was referred to the Com-
mittee on Foreign Affairs, and in addition to the Committee on Oversight 
and Government Reform, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To authorize the President to control the transfer of goods, 
services, technology, and software to protect the national 
security, and to promote the foreign policy, of the United 
States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Technology Security and Antiboycott Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—TECHNOLOGY SECURITY 
Sec. 101. Short title. 
Sec. 102. Statement of policy. 
Sec. 103. Authority of the President. 
Sec. 104. Additional authorities. 
Sec. 105. Transfer Policy Committee. 
Sec. 106. Control lists. 
Sec. 107. Licensing. 
Sec. 108. Compliance assistance. 
Sec. 109. Penalties. 
Sec. 110. Enforcement. 
Sec. 111. Administrative procedure. 
Sec. 112. Annual report to Congress. 
Sec. 113. Repeal. 
Sec. 114. Effect on other Acts. 
Sec. 115. Transition provisions. 
TITLE II—ANTIBOYCOTT PROVISIONS 
Sec. 201. Short title. 
Sec. 202. Policy. 
Sec. 203. Enforcement. 
TITLE III—SANCTIONS REGARDING MISSILE PROLIFERATION 
AND CHEMICAL AND BIOLOGICAL WEAPONS PROLIFERATION 
Sec. 301. Missile proliferation control violations. 
Sec. 302. Chemical and biological weapons proliferation sanctions. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) CONTROLLED.—Items are ‘‘controlled’’ if 
the transfer of the items is controlled under title I. 
(2) CRITICAL
INFRASTRUCTURE.—The term 
‘‘critical infrastructure’’— 
(A) means systems and assets, whether 
physical or virtual, so vital to the United States 
that the incapacity or destruction of such sys-
tems and assets would have a debilitating im-
pact on national security, national economic se-
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curity, national public health or safety, or any 
combination of thereof; 
(B) may be publicly or privately owned; 
and 
(C) includes gas and oil production, stor-
age, or delivery systems, water supply systems, 
telecommunications networks, electrical power 
generation or delivery systems, financing and 
banking systems, emergency services (including 
medical, police, fire, and rescue services), trans-
portation systems and services (including high-
ways, mass transit, airlines, and airports), and 
food and agriculture delivery systems. 
(3) DOMESTIC DEFENSE INDUSTRIAL BASE.— 
The term ‘‘domestic defense industrial base’’ has the 
meaning given that term in section 702 of the De-
fense Production Act of 1950 (50 U.S.C. App. 
2152). 
(4) DUAL-USE.—The term ‘‘dual-use’’ means 
capable of being applied for both civilian uses and 
uses that threaten the national security and foreign 
policy of the United States through military action, 
terrorist attack, or cyber attack. 
(5) EXPORT ADMINISTRATION REGULATIONS.— 
The term ‘‘Export Administration Regulations’’ 
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means the Export Administration Regulations as 
promulgated, maintained, and amended under the 
authority of the International Emergency Economic 
Powers Act and codified, as of the date of the enact-
ment of this Act, in subchapter C of chapter VII of 
title 15, Code of Federal Regulations. 
(6) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means a person other than a United States 
person. 
(7) GOOD.—The term ‘‘good’’ means any arti-
cle, natural or manmade substance, material, supply, 
or manufactured product. 
(8) ITEM.—The term ‘‘item’’ means any goods, 
technology, software, and services. 
(9) PERSON.—The term ‘‘person’’ includes the 
singular and the plural and any individual, partner-
ship, corporation, or other form of association, in-
cluding any government or agency thereof. 
(10) TECHNOLOGY.—The term ‘‘technology’’ 
means the information and knowhow (whether in 
tangible form, such as models, prototypes, drawings, 
sketches, diagrams, blueprints, or manuals, or in in-
tangible form, such as training or technical services) 
that can be used to design, produce, manufacture, 
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utilize, or reconstruct goods, including computer 
software and technical data. 
(11) TRANSFER.—The term ‘‘transfer’’ in-
cludes— 
(A) an export of an item from the United 
States or a transshipment of an item through 
the United States, the provision of services 
from the United States, and the transmission of 
technology from the United States; 
(B) the transfer of an item to a person 
within the United States with the knowledge or 
intent that the item will be exported or trans-
mitted from the United States to an unauthor-
ized recipient under this title; and 
(C) a reexport of an item of United States 
origin, whether or not by a person subject to 
the jurisdiction of the United States. 
(12) UNITED
STATES.—The term ‘‘United 
States’’— 
(A) means the several States, the District 
of Columbia, and any commonwealth, territory, 
or possession of the United States; and 
(B) includes the outer Continental Shelf, 
as defined in section 2(a) of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1331(a)). 
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(13) UNITED
STATES
PERSON.—The term 
‘‘United States person’’ means— 
(A) any individual who is a United States 
citizen or an alien lawfully admitted for perma-
nent residence to the United States; 
(B) any business or other entity operating 
in the United States or organized under the 
laws of the United States; and 
(C) any business or other entity that is or-
ganized under the laws of a foreign country but 
is controlled in fact by a business or entity de-
scribed in subparagraph (B), as determined 
under regulations of the President. 
(14) WEAPONS OF MASS DESTRUCTION.—The 
term ‘‘weapons of mass destruction’’ has the means 
nuclear, radiological, chemical, and biological weap-
ons and delivery systems for such weapons. 
TITLE I—TECHNOLOGY 
SECURITY 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Technology Security 
Act’’. 
SEC. 102. STATEMENT OF POLICY. 
The following is the policy of the United States: 
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(1) The national security and foreign policy of 
the United States require that the transfer of items 
be controlled for the following purposes: 
(A) To prevent the access to such items for 
use in— 
(i) the proliferation of weapons of 
mass destruction or of advanced conven-
tional weapons; 
(ii) the acquisition of destabilizing 
numbers or types of conventional weapons; 
(iii) acts of terrorism; 
(iv) military programs that could pose 
a threat to the security of the United 
States or its allies; or 
(v) activities undertaken specifically to 
cause significant interference with or dis-
ruption of critical infrastructure. 
(B) To preserve the qualitative military su-
periority of the United States. 
(C) To maintain the ability of the United 
States to collect information and intelligence in 
order to protect the national security of the 
United States. 
(D) To sustain the domestic defense indus-
trial base. 
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(E) To protect the supply in the United 
States of critical raw materials and manufac-
tured items. 
(F) To carry out the foreign policy of the 
United States, including the protection of 
human rights and the promotion of democracy. 
(G) To carry out obligations and commit-
ments under international agreements and ar-
rangements, including multilateral export con-
trol regimes. 
(2) The national security of the United States 
requires that the United States maintain its leader-
ship in the science, technology, and manufacturing 
sectors. Such leadership requires that United States 
persons are competitive in global markets. The im-
pact of the implementation of this title on such lead-
ership and competitiveness must be evaluated on an 
ongoing basis and applied in imposing controls 
under sections 103 and 104 to avoid negatively af-
fecting such leadership. 
(3) The national security and foreign policy of 
the United States require that the United States 
participate in multilateral organizations and agree-
ments regarding export controls on items that are 
consistent with the policy of the United States, and 
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take all the necessary steps to secure the adoption 
and enforcement, by the governments of other coun-
tries, of export controls on items that are consistent 
with such policy. 
(4) The authority under this title may be exer-
cised only in furtherance of all the objectives set 
forth in paragraphs (1), (2), and (3). 
SEC. 103. AUTHORITY OF THE PRESIDENT. 
(a) AUTHORITY.— 
(1) IN GENERAL.—In order to carry out the 
policy set forth in paragraphs (1), (2), and (3) of 
section 102, the President shall control the transfer 
of items by United States persons, wherever located, 
and by foreign persons who are subject to the juris-
diction of the United States. 
(2) POWERS.—In carrying out paragraph (1), 
the President may investigate, regulate, direct and 
compel, nullify, void, prevent, or prohibit any acqui-
sition, holding, withholding, use, transfer, with-
drawal, transportation, exportation, reexportation of, 
or dealing in, or exercising any right, power, or 
privilege with respect to, or transactions involving, 
items in which any foreign country or a national 
thereof has any interest by any person, or with re-
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spect to any property, subject to the jurisdiction of 
the United States. 
(b) REQUIREMENTS.—In exercising authority under 
this title, the President shall impose controls to achieve 
the following objectives: 
(1) To prevent the transfer of items subject to 
the controls that would pose a risk to the national 
security or foreign policy of the United States in any 
manner described under section 102(1)(A). 
(2) To secure the cooperation of other govern-
ments and multilateral organizations to impose con-
trol systems that are consistent, to the extent pos-
sible, with the controls imposed under subsection 
(a). 
(3) To maintain the leadership of the United 
States in science, engineering, technology research 
and development, and manufacturing. 
(4) To sustain the viability of commercial firms, 
academic institutions, and research establishments, 
and maintain the skilled workforce of such firms, in-
stitutions, and establishments, that are necessary to 
preserving the leadership of the United States de-
scribed in paragraph (3). 
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(5) To sustain the domestic defense industrial 
base, both with respect to current and future de-
fense requirements. 
(6) To enforce the controls through regulations, 
requirements for compliance, lists of controlled 
items, lists of foreign persons who threaten the na-
tional security or foreign policy of the United States, 
and guidance in a form that facilitates compliance 
by United States persons, in particular academic in-
stitutions, scientific and research establishments, 
and small- and medium-sized businesses. 
SEC. 104. ADDITIONAL AUTHORITIES. 
(a) IN GENERAL.—In carrying out this title, the 
President shall— 
(1) establish and maintain lists of items that 
are subject to controls under this title by reason of 
the dual-use technology, capability, performance, or 
characteristics of the items and that are controlled 
under section 103(a); 
(2) establish and maintain lists of foreign per-
sons and end-uses that are determined to be a threat 
to the national security and foreign policy of the 
United States pursuant to the policy set forth in sec-
tion 102(1)(A) and to whom transfers of items are 
controlled; 
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(3) prohibit unauthorized transfers of controlled 
items; 
(4) prohibit transfers of any controlled items to 
any foreign person or end-use listed under para-
graph (2); 
(5) require licenses for transfers of controlled 
items, including imposing conditions or restrictions 
on United States persons and foreign persons with 
respect to such licenses; 
(6) require measures for compliance; 
(7) require and obtain such information from 
United States persons and foreign persons as is nec-
essary to carry out this title; 
(8) require advance notice before an item is 
transferred, as an alternative to requiring a license; 
(9) require, to the extent feasible, identification 
of items subject to controls under this title in order 
to facilitate the enforcement of such controls; 
(10) inspect, search, detain, or seize outgoing 
items, in any form, that are subject to controls 
under this title, or conveyances on which it is be-
lieved that there are items that have been, are being, 
or are about to be exported in violation of this title; 
(11) monitor shipments, or other means of 
transfer; 
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(12) keep the public fully apprised of changes 
in policy, regulations, and procedures established 
under this title; 
(13) appoint technical advisory committees in 
accordance with the Federal Advisory Committee 
Act; and 
(14) undertake any other action as is necessary 
to carry out this title and is not otherwise prohibited 
by law. 
(b) RELATIONSHIP TO IEEPA.—The authority under 
this title may not be used to regulate or prohibit under 
this title the transfer of any item that may not be regu-
lated or prohibited under paragraph (1), (2), or (4) of sec-
tion 203(b) of the International Emergency Economic 
Powers Act (50 U.S.C. 1702(b) (1), (2), and (4)). 
(c) COUNTRIES SUPPORTING INTERNATIONAL TER-
RORISM.— 
(1) LICENSE REQUIREMENT.—A license shall be 
required for the transfer of items to a country if the 
President has made the following determinations: 
(A) The government of such country has 
repeatedly provided support for acts of inter-
national terrorism. 
(B) The transfer of such items could make 
a significant contribution to the military poten-
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tial of such country, including its military logis-
tics capability, or could enhance the ability of 
such country to support acts of international 
terrorism. 
(2) NOTIFICATION TO CONGRESS.—The Presi-
dent shall notify the Committee on Foreign Affairs 
of the House of Representatives and the Committee 
on Banking, Housing, and Urban Affairs and the 
Committee on Foreign Relations of the Senate at 
least 30 days before issuing any license required by 
paragraph (1). 
(3) PUBLICATION
IN
FEDERAL
REGISTER.— 
Each determination of the President under para-
graph (1)(A) shall be published in the Federal Reg-
ister. 
(4) RESCISSION OF DETERMINATION.—A deter-
mination of the President under paragraph (1)(A) 
may not be rescinded unless the President submits 
to the Speaker of the House of Representatives and 
the chairman of the Committee on Banking, Hous-
ing, and Urban Affairs and the chairman of the 
Committee on Foreign Relations of the Senate— 
(A) before the proposed rescission would 
take effect, a report certifying that— 
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the country as a sanctuary for terrorists or ter-
rorist organizations. 
(B) DEFINITIONS.—In this paragraph— 
(i) the term ‘‘territory of a country’’ 
means the land, waters, and airspace of 
the country; and 
(ii) the term ‘‘sanctuary’’ means an 
area in the territory of a country— 
(I) that is used by a terrorist or 
terrorist organization— 
(aa) to carry out terrorist 
activities, including training, fi-
nancing, and recruitment; or 
(bb) as a transit point; and 
(II) the government of which ex-
pressly consents to, or with knowl-
edge, allows, tolerates, or disregards 
such use of its territory. 
(6) CONTENTS
OF
NOTIFICATION
OF
LI-
CENSE.—The President shall include in the notifica-
tion required by paragraph (2)— 
(A) a detailed description of the items to 
be offered, including a brief description of the 
capabilities of any article for which a license to 
transfer the items is sought; 
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(B) the reasons why the foreign country or 
international organization to which the transfer 
is proposed to be made needs the items that are 
the subject of such transfer, and a description 
of the manner in which such country or organi-
zation intends to use such items; 
(C) the reasons why the proposed transfer 
is in the national interest of the United States; 
(D) an analysis of the impact of the pro-
posed transfer on the military capabilities of the 
foreign country or international organization to 
which such transfer would be made; 
(E) an analysis of the manner in which the 
proposed transfer would affect the relative mili-
tary strengths of countries in the region to 
which the items that are the subject of such 
transfer would be delivered and whether other 
countries in the region have comparable kinds 
and amounts of items; and 
(F) an analysis of the impact of the pro-
posed transfer on the relations of the United 
States with the countries in the region to which 
the items that are the subject of such transfer 
would be delivered. 
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SEC. 105. TRANSFER POLICY COMMITTEE. 
(a) ESTABLISHMENT.—The President may establish 
a Transfer Policy Committee (in this section referred to 
as the ‘‘Committee’’), composed of senior officials of Fed-
eral departments, agencies, and offices to which the Presi-
dent delegates authority under this title, as the President 
considers appropriate, to carry out the purposes set forth 
in subsection (b). 
(b) PURPOSES.— 
(1) IN GENERAL.—The purposes of the Com-
mittee are— 
(A) to advise the President with respect 
to— 
(i) identifying specific threats to the 
national security and foreign policy that 
the authority of this title may be used to 
address; and 
(ii) exercising the authority under this 
title to implement policies, regulations, 
procedures, and actions that are necessary 
to effectively counteract those threats; 
(B) pursuant to a delegation of authority 
by the President, to review and approve— 
(i) criteria for including items on, and 
removing such an item from, a list of con-
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trolled items, and information established 
under this title; 
(ii) an interagency procedure for com-
piling and amending any list described in 
clause (i); 
(iii) criteria for including a person on 
a list of persons to whom transfers of 
items are prohibited or restricted under 
this title; 
(iv) standards for compliance by per-
sons subject to this title; and 
(v) policies and procedures for moni-
toring transfers of items controlled under 
this title; 
(C) to receive information and advice from 
any United States Government official regard-
ing any matter with respect to which the Com-
mittee has responsibilities; and 
(D) to obtain an independent evaluation on 
a periodic basis of the effectiveness of the im-
plementation of this title in carrying out the 
policy set forth in section 102. 
(2) AUTHORITY TO SEEK INFORMATION.—The 
Committee may, in carrying out its functions, seek 
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information and advice from experts who are not of-
ficers or employees of the Federal Government. 
(3) TRANSMITTAL
AND
IMPLEMENTATION
OF 
EVALUATIONS.—The results of the independent eval-
uations conducted pursuant to paragraph (1)(D) 
shall be transmitted to the President and the Con-
gress, in classified form if necessary. Subject to the 
delegation of authority by the President, the Com-
mittee shall determine, direct, and ensure that im-
provements recommended in the evaluations are im-
plemented. 
SEC. 106. CONTROL LISTS. 
The President shall, through the Technology Trans-
fer Policy Committee, to the maximum extent possible, en-
sure that— 
(1) a process is established for regular review of 
each list established under section 104(a)(1) and 
that such lists are updated periodically to ensure 
that new items are adequately controlled, and that 
the level of control of items on the lists are adjusted 
as conditions change; 
(2) information and expertise is obtained from 
persons from relevant Federal departments, agen-
cies, and offices and persons outside the Government 
who have technical expertise, with respect to the 
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characteristics of the items considered for each list 
established under section 104(a)(1) and the effect of 
controlling the items on addressing the policy set 
forth in section 102; 
(3) the control lists established under section 
104(a)(1) identify each entry that has been included 
by virtue of the participation of the United States in 
a multilateral regime, organization, or group the 
purpose of which is consistent with and supports the 
policy of the United States under this title relating 
to the control of transfers of items; and 
(4) each such list is published in a form that 
facilitates compliance with it, in particular by small 
and medium-sized businesses and academic institu-
tions. 
SEC. 107. LICENSING. 
The President shall, through the Technology Trans-
fer Policy Committee, establish a procedure for licensing 
the transfer of items controlled under this title in order 
to carry out the policy set forth in section 102 and the 
requirements set forth in section 103(b). The procedure 
shall, to the maximum extent possible, ensure that— 
(1) license applications are considered and deci-
sions made with the participation of departments, 
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agencies, and offices that have delegated functions 
under this title; and 
(2) licensing decisions are made in an expedi-
tious manner, with transparency to applicants on the 
status of license processing and the reason for deny-
ing any license. 
SEC. 108. COMPLIANCE ASSISTANCE. 
(a) SYSTEM FOR SEEKING ASSISTANCE.—The Presi-
dent may establish a system to provide United States per-
sons with assistance in complying with this title, which 
may include a mechanism for providing information, in 
classified form as appropriate, on foreign persons who are 
potential customers, suppliers, or business partners with 
respect to items controlled under this title, in order to fur-
ther ensure the prevention of the transfer of items that 
may pose a threat to the national security or foreign policy 
of the United States. 
(b) SECURITY CLEARANCES.—In order to carry out 
subsection (a), the President may issue appropriate secu-
rity clearances to persons described in paragraph (1) who 
are responsible for complying with this title. 
SEC. 109. PENALTIES. 
(a) UNLAWFUL ACTS.—It shall be unlawful for a per-
son to violate, attempt to violate, conspire to violate, or 
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cause a violation of this title or of any regulation, order, 
or license issued under this title. 
(b) CRIMINAL PENALTY.—A person who commits, at-
tempts to commit, or conspires to commit, or aids or abets 
in the commission of, an unlawful act described in sub-
section (a), with knowledge or intent that the items that 
are the subject of the violation would be transferred to 
a person who is not authorized under this title to receive 
the items, or would be applied for a use described in sec-
tion 102(1)(A), shall, upon conviction, be fined not more 
than $1,000,000, or, if a natural person, be imprisoned 
for not more than 20 years, or both. 
(c) CIVIL PENALTIES.— 
(1) AUTHORITY.—The President may impose 
the following civil penalties on a person for each vio-
lation by that person of this title or any regulation, 
order, or license issued under this title, for each vio-
lation: 
(A) A fine of not more than $250,000 or 
an amount that is twice the amount of the 
transaction that is the basis of the violation 
with respect to which the penalty is imposed, 
whichever is greater. 
(B) Revocation of a license issued under 
this title to the person. 
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(C) A prohibition on the person’s ability to 
transfer outside the United States any items, 
whether or not subject to controls under this 
title. 
(2) PROCEDURES.—Any civil penalty under this 
subsection may be imposed only after notice and op-
portunity for an agency hearing on the record in ac-
cordance with sections 554 through 557 of title 5, 
United States Code, and shall be subject to judicial 
review in accordance with chapter 7 of such title. 
(3) STANDARDS
FOR
LEVELS
OF
CIVIL
PEN-
ALTY.—The President may by regulation provide 
standards for establishing levels of civil penalty 
under this subsection based upon the seriousness of 
the violation, the culpability of the violator, and the 
violator’s record of cooperation with the Government 
in disclosing the violation. 
(d) CRIMINAL FORFEITURE OF PROPERTY INTEREST 
AND PROCEEDS.— 
(1) FORFEITURE.—Any person who is convicted 
under subsection (b) of a violation of a control im-
posed under section 103 (or any regulation, order, 
or license issued with respect to such control) shall, 
in addition to any other penalty, forfeit to the 
United States— 
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(A) any of that person’s interest in, 
security of, claim against, or property or 
contractual rights of any kind in the tan-
gible items that were the subject of the vio-
lation; 
(B) any of that person’s interest in, 
security of, claim against, or property or 
contractual rights of any kind in tangible 
property that was used in the violation; 
and 
(C) any of that person’s property con-
stituting, or derived from, any proceeds ob-
tained directly or indirectly as a result of 
the violation. 
(2) PROCEDURES.—The procedures in any 
forfeiture under this subsection, and the duties 
and authority of the courts of the United States 
and the Attorney General with respect to any 
forfeiture action under this subsection or with 
respect to any property that may be subject to 
forfeiture under this subsection, shall be gov-
erned by the provisions of section 1963 of title 
18, United States Code. 
(e) PRIOR CONVICTIONS.— 
(1) LICENSE BAR.— 
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(A) IN GENERAL.—The President may— 
(i) deny the eligibility of any person 
convicted of a criminal violation described 
in subparagraph (B) to transfer outside 
the United States any item, whether or not 
subject to controls under this title, for a 
period of up to 10 years beginning on the 
date of the conviction; and 
(ii) revoke any license to transfer 
items that was issued under this title and 
in which such person has an interest at the 
time of the conviction. 
(B) VIOLATIONS.—The violations referred 
to in subparagraph (A) are any criminal viola-
tion of— 
(i) this title (or any regulation, li-
cense, or order issued under this title); 
(ii) any regulation, license, or order 
issued under the International Emergency 
Economic Powers Act; 
(iii) section 793, 794, or 798 of title 
18, United States Code; 
(iv) section 4(b) of the Internal Secu-
rity Act of 1950 (50 U.S.C. 783(b)); or 
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(v) section 38 of the Arms Export 
Control Act (22 U.S.C. 2778). 
(2) APPLICATION
TO
OTHER
PARTIES.—The 
President may exercise the authority under para-
graph (1) with respect to any person related, 
through affiliation, ownership, control, or position of 
responsibility, to any person convicted of any viola-
tion of law set forth in paragraph (1), upon a show-
ing of such relationship with the convicted party, 
and subject to the procedures set forth in subsection 
(c)(2). 
(f) OTHER AUTHORITIES.—Nothing in subsection 
(c), (d), or (e) limits— 
(1) the availability of other administrative or 
judicial remedies with respect to violations of this 
title, or any regulation, order, or license issued 
under this title; 
(2) the authority to compromise and settle ad-
ministrative proceedings brought with respect to vio-
lations of this title, or any regulation, order, or li-
cense issued under this title; or 
(3) the authority to compromise, remit or miti-
gate seizures and forfeitures pursuant to section 
1(b) of title VI of the Act of June 15, 1917 (22 
U.S.C. 401(b)). 
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SEC. 110. ENFORCEMENT. 
(a) AUTHORITIES.—In order to enforce this title, the 
President may— 
(1) issue regulations, orders, and guidelines; 
(2) require, inspect, and obtain books, records, 
and any other information from any person subject 
to the provisions of this title; 
(3) administer oaths or affirmations and by 
subpoena require any person to appear and testify or 
to appear and produce books, records, and other 
writings, or both; 
(4) conduct investigations (including under-
cover) in the United States and in other countries, 
including intercepting any wire, oral, and electronic 
communications, conducting electronic surveillance, 
using pen registers and trap and trace devices, and 
carrying out acquisitions, to the extent authorized 
under chapters 119, 121, and 206 of title 18, 
United States Code, and other applicable laws of the 
United States; 
(5) inspect, search, detain, or seize items, in 
any form, that are subject to controls under this 
title, or conveyances on which it is believed that 
there are items that have been, are being, or are 
about to be exported in violation of this title; 
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(6) conduct prelicense inspections and post- 
shipment verifications; and 
(7) execute warrants and make arrests. 
(b) ENFORCEMENT OF SUBPOENAS.—In the case of 
contumacy by, or refusal to obey a subpoena issued to, 
any person under subsection (a)(3), a district court of the 
United States, after notice to such person and a hearing, 
shall have jurisdiction to issue an order requiring such 
person to appear and give testimony or to appear and 
produce books, records, and other writings, or both, that 
are the subject of the subpoena. Any failure to obey such 
order of the court may be punished by such court as a 
contempt thereof. 
(c) BEST PRACTICES GUIDELINES.— 
(1) IN GENERAL.—The President, in consulta-
tion with the Interagency Transfer Policy Committee 
established under section 105, should publish and 
update ‘‘best practices’’ guidelines to assist persons 
in developing and implementing, on a voluntary 
basis, effective export control programs in compli-
ance with the regulations issued under this title. 
(2) EXPORT COMPLIANCE PROGRAM.—The im-
plementation by a person of an effective export com-
pliance program and a high quality overall export 
compliance effort by a person should ordinarily be 
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given weight as mitigating factors in a civil penalty 
action against the person under this title. 
(d) REFERENCE TO ENFORCEMENT.—For purposes 
of this section, a reference to the enforcement of, or a vio-
lation of, this title includes a reference to the enforcement 
or a violation of any order or license issued pursuant to 
this title. 
(e) 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. 
(f) CONFIDENTIALITY OF INFORMATION.— 
(1) EXEMPTIONS FROM DISCLOSURE.— 
(A) IN
GENERAL.—Information obtained 
under this title may be withheld from disclosure 
only to the extent permitted 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 President to be in the national interest. 
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(B) INFORMATION DESCRIBED.—Informa-
tion described in this subparagraph is informa-
tion submitted or obtained in connection with 
an application for a license to transfer items, 
other transfer authorization (or recordkeeping 
or reporting requirement), enforcement activity, 
or other operations under this title, including— 
(i) the license application, license or 
other transfer authorization itself, 
(ii) classification requests, 
(iii) information or evidence obtained 
in the course of any investigation, and 
(iv) 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 
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(including such Act as continued in effect 
pursuant to the International Emergency 
Economic Powers Act), under previous 
Acts regarding the control of exports, 
under the Export Administration Regula-
tions, or under this title, including any re-
port or license application required under 
any such provision, shall be made available 
to a committee or subcommittee of Con-
gress of appropriate jurisdiction, upon the 
request of the chairman or ranking minor-
ity member of such committee or sub-
committee. 
(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 (in-
cluding such Act as continued in effect 
pursuant to the International Emergency 
Economic Powers Act), under previous 
Acts regarding the control of exports, 
under the Export Administration Regula-
tions, or under this title, that is submitted 
on a confidential basis unless the full com-
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mittee determines that the withholding of 
that information 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.— 
(A) IN GENERAL.—Any department, agen-
cy, or office that obtains information that is rel-
evant to the enforcement of this title, including 
information pertaining to any investigation, 
shall furnish such information to each depart-
ment, agency, or office with enforcement re-
sponsibilities under this section to the extent 
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consistent with the protection of intelligence, 
counterintelligence, 
and 
law 
enforcement 
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 title, consistent with pro-
tection of law enforcement and its sources and 
methods— 
(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 continuing basis with 
one another and with the head of other de-
partments, agencies, and offices that ob-
tain information subject to this paragraph, 
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in order to facilitate the exchange of such 
information. 
(D) INFORMATION
SHARING
WITH
FED-
ERAL AGENCIES.—Licensing or enforcement in-
formation obtained under this title may be 
shared with heads of departments, agencies, 
and offices that do not have enforcement au-
thorities under this title on a case-by-case basis 
at the discretion of the President. Such infor-
mation may be shared only when the President 
makes a determination that the sharing of this 
information is in the national interest. 
(g) REPORTING REQUIREMENTS.—In the administra-
tion of this section, reporting requirements shall be so de-
signed as to reduce the cost of reporting, recordkeeping, 
and export documentation required under this section, to 
the extent feasible consistent with effective enforcement 
and compilation of useful trade statistics. Reporting, rec-
ordkeeping, and export documentation requirements shall 
be periodically reviewed and revised in the light of develop-
ments in the field of information technology. 
(h) CIVIL FORFEITURE.— 
(1) IN
GENERAL.—Any tangible items seized 
under subsection (a) by designated officers or em-
ployees shall be subject to forfeiture to the United 
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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 109. 
(2) PROCEDURES.—Any seizure or forfeiture 
under this subsection shall be carried in accordance 
with the procedures set forth in section 981 of title 
18, United States Code. 
SEC. 111. ADMINISTRATIVE PROCEDURE. 
The functions exercised under this title shall be sub-
ject to sections 551, 553 through 559, and 701 through 
706 of title 5, United States Code. 
SEC. 112. 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 title during the preceding fiscal 
year. The report shall also include an analysis of— 
(1) the effect of controls imposed under this 
title on transfers of items in addressing threats to 
the national security or foreign policy of the United 
States; 
(2) the impact of such controls on the scientific 
and technological leadership of the United States; 
and 
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(3) the consistency with such controls of export 
controls imposed by other countries. 
(b) SUBMISSION IN CLASSIFIED.—The report under 
subsection (a) may be submitted in classified form, in 
whole or in part, if necessary. 
SEC. 113. REPEAL. 
The Export Administration Act of 1979 (50 U.S.C. 
App. 2401 et seq.) is repealed. 
SEC. 114. EFFECT ON OTHER ACTS. 
(a) IN GENERAL.—Except as otherwise provided in 
this title, nothing contained in this title shall be construed 
to modify, repeal, supersede, or otherwise affect the provi-
sions of any other laws authorizing control over exports 
of any commodity. 
(b) COORDINATION OF CONTROLS.—The authority 
granted to the President under this title shall be exercised 
in such manner as to achieve effective coordination with 
the authority exercised under section 38 of the Arms Ex-
port Control Act (22 U.S.C. 2778). 
(c) CIVIL AIRCRAFT EQUIPMENT.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, any product described in paragraph 
(2) shall be subject to export controls exclusively 
under this title. Any such product shall not be sub-
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ject to controls under section 38(b)(2) of the Arms 
Export Control Act. 
(2) PRODUCTS
DESCRIBED.—A product de-
scribed in this paragraph is a product that— 
(A) is standard equipment certified by the 
Federal Aviation Administration, in civil air-
craft and is an integral part of such aircraft; 
and 
(B) is to be transferred to a country other 
than a country to which transfers of items are 
controlled under this title. 
(d) NONPROLIFERATION
CONTROLS.—Nothing in 
this title shall be construed to supersede the procedures 
published by the President pursuant to section 309(c) of 
the Nuclear Non-Proliferation Act of 1978. 
SEC. 115. TRANSITION 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 the Export Adminis-
tration Act of 1979 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. 
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