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(i) Classification of a commodity or
technology on the control index.
(ii) Calculation of a commonly-used
control index parameter for a commodity
or technology, including all officially ac-
cepted composite theoretical performance
calculations 
for 
computers 
and
microprocessors.
(B) NOTICE OF REVISIONS.—Whenever the
Secretary makes any revision in the control
index with respect to any commodity or tech-
nology, or with respect to any country or des-
tination affected by controls imposed under sec-
tion 105 or section 106, the Secretary shall
publish in the Federal Register a notice of such
revision and shall specify in such notice under
which authority the revision is being made.
(2) EXPORT CONTROL REGIME ACTIONS.—
(A) IN GENERAL.—Not more than 90 days
after the date of the enactment of this Act, the
Secretary shall publish in the Federal Register
the full text of the lists of controlled items of
all export control regimes and all notes and un-
derstandings of the regimes concerning such
lists. The Secretary shall update the publication
205
under the preceding sentence at least once in
each 1-year period occurring after the original
publication under this subparagraph.
(B) CONTENTS.—The Secretary shall pub-
lish in the Federal Register—
(i) the full text of any agreements af-
fecting the lists of controlled items of all
export control regimes, together with all
notes, understandings, and other aspects of
such agreements and all revisions to such
texts;
(ii) subject to the limitations set forth
in subsection (g), decisions on requests for
exceptions permitted by such export con-
trol regimes for particular exports;
(iii) other actions and decisions of
such export control regimes, to the maxi-
mum extent possible; and
(iv) unreliable end users with respect
to items on which export controls are im-
posed under this title, and persons to
whom sanctions have been applied, or
whose export privileges have been denied,
under this title.
206
(C) TIMING.—Such publication shall be
made not more than 30 days after the agree-
ments are reached, the decisions are made, the
actions are taken, or the information becomes
available, as the case may be.
(D) EXCEPTION.—The publication of a
particular matter need not be made under this
paragraph to the extent that the Secretary sub-
mits a written finding to the Congress that to
publish that matter would be contrary to na-
tional or international security, would abridge
the confidentiality of the decision-making proc-
esses of an export control regime, or would oth-
erwise be inconsistent with the obligations of
the United States to an export control regime.
(n) NOTIFICATION OF THE PUBLIC; CONSULTATION
WITH INDUSTRY; RECORDKEEPING.—
(1) NOTIFICATION OF THE PUBLIC.—The Sec-
retary shall keep the public fully apprised of changes
in export control policy and procedures instituted
under this title with a view to encouraging trade.
(2) CONSULTATION WITH INDUSTRY.—The Sec-
retary shall meet regularly with export advisory com-
mittees appointed under section 104(f) in order to
obtain their views on United States export control
207
policy and the foreign availability of commodities
and technology.
(o) DELEGATION TO COCOM.—The Secretary, or an
officer or employee of the Department of Commerce des-
ignated by the Secretary, shall be a member of the perma-
nent United States delegation to COCOM or its successor
export control regime.
(p) EXPORT CONTROL ATTACHES.—The Secretary
shall assign a full-time export control attache to each of
those countries that—
(1) pose the greatest threat to the United
States and its allies with respect to the proliferation
of weapons of mass destruction and missiles; and
(2) received exports pursuant to the largest
number of licenses issued under sections 105 and
106, during the preceding 2 calendar years, as com-
pared to licenses issued under such sections for ex-
ports to all countries.
Each such attache shall give priority to conducting post-
shipment verifications, prelicense checks, and other mon-
itoring of end uses in the country to which the attache
is assigned.
(q) AUTHORIZATION FOR TECHNICAL DATA.—A
validated license authorizing the export of any commod-
ities or technology under this title shall also authorize the
208
export of operation technical data related to such commod-
ities or technology, whether or not such data is specifically
referenced in the license or license application, if the tech-
nical level of the data does not exceed the level reasonably
necessary to install, repair, maintain, inspect, operate, or
use the commodities or technology.
(r) LICENSES FOR SPARE PARTS NOT REQUIRED.—
An individual validated license shall not be required under
this title for replacement parts which are exported to re-
place on a one-for-one basis parts that were in a commod-
ity that was lawfully exported from the United States, un-
less the President determines that such a license should
be required for such parts.
SEC. 115. ANNUAL REPORT.
(a) CONTENTS.—Not later than March 1 of each
year, the Secretary shall submit to the Congress a report
on the administration of this title during the preceding
calendar year. All agencies shall cooperate fully with the
Secretary in providing information for such report. Such
report shall include detailed information on the following:
(1) The implementation of the policies set forth
in section 103, including delegations of authority by
the President under section 104(d), consultations
with the export advisory committees established
under section 104(f), and any changes in the exer-
219
leased from the detonation of one pound of trinitro-
toluene (TNT).
(21) NUCLEAR SUPPLIERS’ GROUP.—The term
‘‘Nuclear Suppliers’ Group’’ means the multilateral
arrangement in which the United States participates
whose purpose is to restrict the transfers of items
with relevance to the nuclear fuel cycle or nuclear
explosive applications.
(22) PERSON.—The term ‘‘person’’ includes the
singular and the plural and any individual, partner-
ship, corporation, or other form of association, in-
cluding (except when used in the term ‘‘foreign per-
son’’ or ‘‘United States person’’) any government or
agency thereof.
(23) REEXPORT.—The term ‘‘reexport’’ means
the shipment, transfer, transshipment, or diversion
of items from one foreign country to another.
(24) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Commerce.
(25) SOFTWARE.—The term ‘‘software’’ means
one or more computer programs or microprograms
fixed in any tangible medium of expression.
(26) TECHNOLOGY.—The term ‘‘technology’’
means specific information necessary for the devel-