I 
115TH CONGRESS 
2D SESSION 
H. R. 5040 
To authorize the President to control the export, reexport, and transfer 
of commodities, software, and technology to protect the national security, 
and to promote the foreign policy, of the United States, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2018 
Mr. ROYCE of California (for himself and Mr. ENGEL) introduced the fol-
lowing bill; which was referred to the Committee 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 within the jurisdiction of the com-
mittee concerned 
A BILL 
To authorize the President to control the export, reexport, 
and transfer of commodities, software, and technology 
to protect the national security, and to promote the 
foreign policy, of the United States, and for other pur-
poses. 
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 
‘‘Export Control Reform Act of 2018’’. 
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(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—AUTHORITY AND ADMINISTRATION OF CONTROLS 
Sec. 101. Short title. 
Sec. 102. Statement of policy. 
Sec. 103. Authority of the President. 
Sec. 104. Additional authorities. 
Sec. 105. Administration of export controls. 
Sec. 106. Control lists. 
Sec. 107. Licensing. 
Sec. 108. Compliance assistance. 
Sec. 109. Requirements to identify and control emerging critical technologies in 
export control regulations. 
Sec. 110. Penalties. 
Sec. 111. Enforcement. 
Sec. 112. Administrative procedure. 
Sec. 113. Annual report to Congress. 
Sec. 114. Repeal. 
Sec. 115. Effect on other Acts. 
Sec. 116. Transition provisions. 
TITLE II—ANTI-BOYCOTT ACT OF 2018 
Sec. 201. Short title. 
Sec. 202. Statement of policy. 
Sec. 203. Foreign boycotts. 
Sec. 204. 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.—The term ‘‘controlled’’, 
with respect to an item, means the export, reexport, 
or transfer of the item is controlled under title I. 
(2) DUAL-USE.—The term ‘‘dual-use’’, with re-
spect to an item, means the item has civilian appli-
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cations and military, terrorism, or weapons of mass 
destruction-related applications. 
(3) EXPORT.—The term ‘‘export’’, with respect 
to an item subject to controls under title I, in-
cludes— 
(A) the shipment or transmission of the 
item out of the United States, including the 
sending or taking of the item out of the United 
States, in any manner; and 
(B) the release or transfer of technology or 
source code relating to the item to a foreign 
person in the United States. 
(4) EXPORT ADMINISTRATION REGULATIONS.— 
The term ‘‘Export Administration Regulations’’ 
means— 
(A) the Export Administration Regulations 
as promulgated, maintained, and amended 
under the authority of the International Emer-
gency Economic Powers Act and codified, as of 
the date of the enactment of this Act, in sub-
chapter C of chapter VII of title 15, Code of 
Federal Regulations; or 
(B) regulations that are promulgated, 
maintained, and amended under the authority 
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of title I on or after the date of the enactment 
of this Act. 
(5) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means a person that is not a United States 
person. 
(6) ITEM.—The term ‘‘item’’ means a com-
modity, software, or technology. 
(7) PERSON.— 
(A) IN
GENERAL.—The term ‘‘person’’ 
means— 
(i) a natural person; 
(ii) a corporation, business associa-
tion, partnership, society, trust, financial 
institution, insurer, underwriter, guar-
antor, and any other business organization, 
any other nongovernmental entity, organi-
zation, or group, and any governmental en-
tity operating as a business enterprise; and 
(iii) any successor to any entity de-
scribed in clause (ii). 
(B) APPLICATION TO GOVERNMENTAL EN-
TITIES.—The term ‘‘person’’ does not include a 
government or governmental entity that is not 
operating as a business enterprise. 
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(8) REEXPORT.—The term ‘‘reexport’’, with re-
spect to an item subject to controls under title I, in-
cludes— 
(A) the shipment or transmission of the 
item from a foreign country to another foreign 
country, including the sending or taking of the 
item from the foreign country to the other for-
eign country, in any manner; and 
(B) the release or transfer of technology or 
source code relating to the item to a foreign 
person outside the United States. 
(9) TECHNOLOGY.—The term ‘‘technology’’— 
(A) includes— 
(i) information necessary for the de-
velopment, production, use, operation, in-
stallation, maintenance, repair, overhaul or 
refurbishing of an item; and 
(ii) information at whatever stage of 
its creation, such as foundational informa-
tion and know-how, as further defined by 
regulations; and 
(B) does not include published informa-
tion, including prerecorded records, printed 
books, pamphlets, miscellaneous publications, or 
other information, that— 
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(i) arises during, or results from, fun-
damental research and is intended to be 
published; 
(ii) is released by instruction in a 
catalog course or associated teaching lab-
oratory of an academic institution; 
(iii) appears in patents or open (pub-
lished) patent publications available from 
or at any patent office, unless covered by 
an invention secrecy order; 
(iv) is non-proprietary system descrip-
tions; 
(v) is telemetry data; or 
(vi) is any other category or type of 
information, as determined by the Presi-
dent for purposes of national security or 
foreign policy concerns. 
(10) TRANSFER.—The term ‘‘transfer’’, with 
respect to an item subject to controls under title I, 
means a change in the end-use or end user of the 
item within the same foreign country. 
(11) UNITED
STATES.—The term ‘‘United 
States’’ means the several States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Mariana Islands, Amer-
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ican Samoa, Guam, the United States Virgin Is-
lands, and any other territory or possession of the 
United States. 
(12) UNITED
STATES
PERSON.—The term 
‘‘United States person’’ means— 
(A) any individual who is a citizen or na-
tional of the United States or who is an indi-
vidual described in subparagraph (B) of section 
274B(a)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1324b(a)(3)); and 
(B) a corporation or other legal entity 
which is organized under the laws of the United 
States, any State or territory thereof, or the 
District of Columbia, if natural persons de-
scribed in subparagraph (A) own, directly or in-
directly, more than 50 percent of the out-
standing capital stock or other beneficial inter-
est in such legal entity. 
(13) WEAPONS OF MASS DESTRUCTION.—The 
term ‘‘weapons of mass destruction’’ means nuclear, 
radiological, chemical, and biological weapons and 
delivery systems for such weapons. 
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TITLE I—AUTHORITY AND 
ADMINISTRATION OF CONTROLS 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Export Controls Act 
of 2018’’. 
SEC. 102. STATEMENT OF POLICY. 
The following is the policy of the United States: 
(1) The national security and foreign policy of 
the United States require that the export, reexport, 
and transfer of items, and specific activities of 
United States persons, wherever located, be con-
trolled for the following purposes: 
(A) To control the access to items for use 
in— 
(i) the proliferation of weapons of 
mass destruction or of conventional weap-
ons; 
(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 
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(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 strengthen the United States in-
dustrial base. 
(D) To carry out the foreign policy of the 
United States, including the protection of 
human rights and the promotion of democracy. 
(E) To carry out obligations and commit-
ments under international agreements and ar-
rangements, including multilateral export con-
trol regimes. 
(F) To facilitate military interoperability 
between the United States and its North Atlan-
tic Treaty Organization (NATO) and other 
close allies. 
(G) To ensure national security controls 
are tailored to focus on those core technologies 
and other items that are capable of being used 
to pose a serious national security threat to the 
United States. 
(2) The national security of the United States 
requires that the United States maintain its leader-
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ship in the science, technology, engineering, and 
manufacturing sectors. Such leadership requires that 
United States persons are competitive in global mar-
kets. The impact of the implementation of this title 
on such leadership and competitiveness must be 
evaluated on an ongoing basis and applied in impos-
ing controls under sections 103 and 104 to avoid 
negatively affecting 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 
take all the necessary steps to secure the adoption 
and consistent enforcement, by the governments of 
such countries, of export controls on items that are 
consistent with such policy. 
(4) Export controls should be fully coordinated 
with the multilateral export control regimes. Export 
controls that are multilateral are most effective, and 
should be tailored to focus on those core technologies 
and other items that are capable of being used to 
pose a serious national security threat to the United 
States and its allies. 
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(5) Export controls applied unilaterally to items 
widely available from foreign sources generally are 
less effective in preventing end-users from acquiring 
those items. 
(6) The effective administration of export con-
trols requires a clear understanding both inside and 
outside the United States Government of which tech-
nologies and other items are controlled and an effi-
cient process should be created to update the con-
trols, such as by removing and adding technologies 
and other items. 
(7) The export control system must ensure that 
it is transparent, predictable, and timely, has the 
flexibility to be adapted to address new threats in 
the future, and allows seamless access to and shar-
ing of export control information among all relevant 
United States national security and foreign policy 
agencies. 
(8) Implementation and enforcement of United 
States export controls require robust capabilities in 
monitoring, intelligence, and investigation, appro-
priate penalties for violations, and the ability to 
swiftly interdict unapproved transfers. 
(9) Export controls should be balanced with 
United States counterterrorism, information secu-
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rity, and cyber-security policies to ensure the ability 
to export, reexport, and transfer technology and 
other items in support of counterterrorism, critical 
infrastructure, and other homeland security prior-
ities, while effectively preventing malicious cyber ter-
rorists from obtaining items that threaten the 
United States and its interests, including the protec-
tion of and safety of United States citizens abroad. 
(10) Export controls complement and are a 
critical element of the national security policies un-
derlying the laws and regulations governing foreign 
direct investment in the United States, including 
controlling the transfer of critical technologies to 
certain foreign persons. Thus, the President, in close 
coordination with the Department of Commerce, the 
Department of Defense, the Department of State, 
the Department of Energy, and other agencies re-
sponsible for export controls, should have a regular 
and robust process to identify the emerging and 
other types of critical technologies of concern, as de-
fined in United States foreign direct investment 
laws, and regulate their release to foreign persons as 
warranted regardless of the nature of the underlying 
transaction. Such identification efforts should draw 
upon the resources and expertise of all relevant 
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parts of the United States Government, industry, 
and academia. These efforts should be in addition to 
traditional efforts to modernize and update the lists 
of controlled items under the multilateral export con-
trol regimes. 
(11) The authority under this title may be exer-
cised only in furtherance of all of the objectives set 
forth in paragraphs (1) through (10). 
SEC. 103. AUTHORITY OF THE PRESIDENT. 
(a) AUTHORITY.—In order to carry out the policy set 
forth in paragraphs (1) through (10) of section 102, the 
President shall control— 
(1) the export, reexport, and transfer of items, 
whether by United States persons, wherever located, 
or by foreign persons, wherever located; and 
(2) the activities of United States persons, 
wherever located, relating to specific— 
(A) nuclear explosive devices; 
(B) missiles; 
(C) chemical or biological weapons; 
(D) whole plants for chemical weapons pre-
cursors; 
(E) foreign maritime nuclear projects; and 
(F) foreign intelligence services. 
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(b) REQUIREMENTS.—In exercising authority under 
this title, the President shall impose controls to achieve 
the following objectives: 
(1) To regulate the export, reexport, and trans-
fer of items described in subsection (a)(1) of United 
States persons, wherever located, or foreign persons, 
wherever located. 
(2) To regulate the activities described in sub-
section (a)(2) of United States persons, wherever lo-
cated. 
(3) 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). 
(4) To maintain the leadership of the United 
States in science, engineering, technology research 
and development, and manufacturing. 
(5) To enhance the viability of commercial 
firms, academic institutions, and research establish-
ments, and maintain the skilled workforce of such 
firms, institutions, and establishments, that are nec-
essary to preserving the leadership of the United 
States described in paragraph (4). 
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(6) To strengthen the United States industrial 
base, both with respect to current and future de-
fense requirements. 
(7) To enforce the controls through means such 
as regulations, requirements for compliance, lists of 
controlled items, lists of foreign persons who threat-
en the national security or foreign policy of the 
United States, and guidance in a form that facili-
tates compliance by United States persons and for-
eign persons, in particular academic institutions, sci-
entific 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 published by 
the Secretary of Commerce of items that are con-
trolled under this title; 
(2) establish and maintain lists published by 
the Secretary of Commerce of foreign persons 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 section 
102(1)(A) and to whom exports, reexports, and 
transfers of items are controlled; 
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(3) prohibit unauthorized exports, reexports, 
and transfers of controlled items; 
(4) restrict exports, reexports, and transfers of 
any controlled items to any foreign person or end- 
use listed under paragraph (2); 
(5) require licenses or other authorizations, as 
appropriate, for exports, reexports, and transfers of 
controlled items, including imposing conditions or re-
strictions on United States persons and foreign per-
sons with respect to such licenses or other authoriza-
tions; 
(6) establish a process by which the Secretary 
of Commerce or a license applicant requests an as-
sessment that a foreign item is comparable in qual-
ity to an item controlled under this title, and is 
available in sufficient quantities to render the 
United States export control of that item or the de-
nial of a license ineffective; 
(7) require measures for compliance with the 
export controls established under this title; 
(8) require and obtain such information from 
United States persons and foreign persons as is nec-
essary to carry out this title; 
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(9) require, as appropriate, advance notice be-
fore an item is exported, reexported, or transferred, 
as an alternative to requiring a license; 
(10) require, to the extent feasible, identifica-
tion of items subject to controls under this title in 
order to facilitate the enforcement of such controls; 
(11) inspect, search, detain, seize, or impose 
temporary denial orders with respect to 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, reexported, or transferred in 
violation of this title; 
(12) monitor shipments, or other means of 
transfer; 
(13) keep the public fully apprised of changes 
in policy, regulations, and procedures established 
under this title; 
(14) appoint technical advisory committees in 
accordance with the Federal Advisory Committee 
Act; 
(15) create, as warranted, exceptions to licens-
ing requirements in order to further the objectives of 
this title; and 
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(16) 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 export, reexport, or transfer of any item that 
may not be regulated or prohibited under section 203(b) 
of the International Emergency Economic Powers Act (50 
U.S.C. 1702(b)). 
(c) COUNTRIES SUPPORTING INTERNATIONAL TER-
RORISM.— 
(1) LICENSE REQUIREMENT.— 
(A) IN GENERAL.—A license shall be re-
quired for the export, reexport, or transfer of 
items to a country if the Secretary of State has 
made the following determinations: 
(i) The government of such country 
has repeatedly provided support for acts of 
international terrorism. 
(ii) The export, reexport, or transfer 
of such items could make a significant con-
tribution to the military potential of such 
country, including its military logistics ca-
pability, or could enhance the ability of 
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such country to support acts of inter-
national terrorism. 
(B) DETERMINATION UNDER OTHER PRO-
VISIONS OF LAW.—A determination of the Sec-
retary of State under section 620A of the For-
eign Assistance Act of 1961 (22 U.S.C. 2371), 
section 40 of the Arms Export Control Act (22 
U.S.C. 2780), or any other provision of law 
that the government of a country described in 
subparagraph (A) has repeatedly provided sup-
port for acts of international terrorism shall be 
deemed to be a determination with respect to 
such government for purposes of clause (i) of 
subparagraph (A). 
(2) NOTIFICATION
TO
CONGRESS.—The Sec-
retary of State and the Secretary of Commerce shall 
notify the Committee on Foreign Affairs of the 
House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs and the Com-
mittee on Foreign Relations of the Senate at least 
30 days before issuing any license required by para-
graph (1). 
(3) PUBLICATION
IN
FEDERAL
REGISTER.— 
Each determination of the Secretary of State under 
paragraph (1)(A) shall be published in the Federal 
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Register, except that the Secretary of State may ex-
clude confidential information and trade secrets con-
tained in such determination. 
(4) RESCISSION OF DETERMINATION.—A deter-
mination of the Secretary of State under paragraph 
(1)(A) may not be rescinded unless the President 
submits to the Speaker of the House of Representa-
tives, the chairman of the Committee on Foreign Af-
fairs, and the chairman of the Committee on Bank-
ing, Housing, and Urban Affairs and the chairman 
of the Committee on Foreign Relations of the Sen-
ate— 
(A) before the proposed rescission would 
take effect, a report certifying that— 
(i) there has been a fundamental 
change in the leadership and policies of the 
government of the country concerned; 
(ii) that government is not supporting 
acts of international terrorism; and 
(iii) that government has provided as-
surances that it will not support acts of 
international terrorism in the future; or 
(B) at least 90 days before the proposed 
rescission would take effect, a report justifying 
the rescission and certifying that— 
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(i) the government concerned has not 
provided any support for acts international 
terrorism during the preceding 24-month 
period; and 
(ii) the government concerned has 
provided assurances that it will not sup-
port acts of international terrorism in the 
future. 
(5) DISAPPROVAL OF RESCISSION.—No rescis-
sion under paragraph (4)(B) of a determination 
under paragraph (1)(A) with respect to the govern-
ment of a country may be made if Congress, within 
90 days after receipt of a report under paragraph 
(4)(B), enacts a joint resolution described in sub-
section (f)(2) of section 40 of the Arms Export Con-
trol Act with respect to a rescission under subsection 
(f)(1) of such section with respect to the government 
of such country. 
(6) NOTIFICATION AND BRIEFING.—Not later 
than— 
(A) ten days after initiating a review of the 
activities of the government of the country con-
cerned within the 24-month period referred to 
in paragraph (4)(B)(i), the Secretary of State 
shall notify the Committee on Foreign Affairs 
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of the House of Representatives and the Com-
mittee on Foreign Relations of the Senate of 
such initiation; and 
(B) 20 days after the notification described 
in paragraph (1), the Secretary of State shall 
brief the congressional committees described in 
paragraph (1) on the status of such review. 
(7) CONTENTS
OF
NOTIFICATION
OF
LI-
CENSE.—The Secretary of State shall include in the 
notification required by paragraph (2)— 
(A) a detailed description of the items to 
be offered, including a brief description of the 
capabilities of any item for which a license to 
export, reexport, or transfer the items is 
sought; 
(B) the reasons why the foreign country, 
person, or entity to which the export, reexport, 
or transfer is proposed to be made has re-
quested the items under the export, reexport, or 
transfer, and a description of the manner in 
which such country, person, or entity intends to 
use such items; 
(C) the reasons why the proposed export, 
reexport, or transfer is in the national interest 
of the United States; 
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(D) an analysis of the impact of the pro-
posed export, reexport, or transfer on the mili-
tary capabilities of the foreign country, person, 
or entity to which such transfer would be made; 
(E) an analysis of the manner in which the 
proposed export, reexport, or transfer would af-
fect the relative military strengths of countries 
in the region to which the items that are the 
subject of such export, reexport, or 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 export, reexport, or transfer on the rela-
tions of the United States with the countries in 
the region to which the items that are the sub-
ject of such export, reexport, or transfer would 
be delivered. 
(d) ENHANCED PROLIFERATION CONTROLS.— 
(1) IN
GENERAL.—In furtherance of section 
103(a) of this title, the President shall, except to the 
extent authorized by a statute or regulation adminis-
tered by a Federal department or agency other than 
the Department of Commerce, require a United 
States person, wherever located, to apply for and re-
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ceive a license from the Department of Commerce 
for the export, reexport, or transfer of items de-
scribed in paragraph (2) or for the performance of 
services relating to such items. 
(2) ITEMS DESCRIBED.—The items described in 
this paragraph are— 
(A) nuclear explosive devices; 
(B) missiles; 
(C) chemical or biological weapons; 
(D) whole plants for chemical weapons pre-
cursors; and 
(E) foreign maritime nuclear projects that 
would pose a risk to the national security or 
foreign policy of the United States. 
(e) ADDITIONAL PROHIBITIONS.—The Secretary of 
Commerce may inform United States persons, either indi-
vidually by specific notice or through amendment to any 
regulation or order issued under this title, that a license 
from the Bureau of Industry and Security of the Depart-
ment of Commerce is required to engage in any activity 
if the activity involves the types of movement, service, or 
support described in subsection (d). The absence of any 
such notification does not excuse the United States person 
from compliance with the license requirements of sub-
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section (d), or any regulation or order issued under this 
title. 
(f) LICENSE REVIEW STANDARDS.—The Secretary of 
Commerce shall deny an application to engage in any ac-
tivity that involves the types of movement, service, or sup-
port described in subsection (d) if the activity would make 
a material contribution to any of the items described in 
subsection (d)(2). 
SEC. 105. ADMINISTRATION OF EXPORT CONTROLS. 
(a) IN GENERAL.—The President shall delegate to 
the Secretary of Commerce, the Secretary of Defense, the 
Secretary of State and, as appropriate, the Director of Na-
tional Intelligence and the heads of other appropriate Fed-
eral departments and agencies, the authority to carry out 
the purposes set forth in subsection (b). 
(b) PURPOSES.— 
(1) IN GENERAL.—The purpose of the delega-
tions of authority pursuant to subsection (a) 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 
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(ii) exercising the authority under this 
title to implement policies, regulations, 
procedures, and actions that are necessary 
to effectively counteract those threats; 
(B) to review and approve— 
(i) criteria for including items on, and 
removing such an item from, a list of con-
trolled items 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 exports, reex-
ports, and transfers of items are prohibited 
or restricted under this title; 
(iv) standards for compliance by per-
sons subject to controls under this title; 
and 
(v) policies and procedures for the 
end-use monitoring of exports, reexports, 
and transfers of items controlled under 
this title; 
(C) to obtain independent evaluations, in-
cluding from Inspectors General of the relevant 
departments or agencies, on a periodic basis on 
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the effectiveness of the implementation of this 
title in carrying out the policy set forth in sec-
tion 102; and 
(D) to benefit from the inherent equities, 
experience, and capabilities of the Federal offi-
cials described in subsection (a), including— 
(i) the views of the Department of De-
fense with respect to the national security 
implications of a particular control or deci-
sion; 
(ii) the views of the Department of 
State with respect to the foreign policy im-
plications of a particular control or deci-
sion; 
(iii) the views of the Department of 
Energy with respect to the implications for 
nuclear proliferation of a particular control 
or decision; and 
(iv) the views of the Department of 
Commerce with respect to the administra-
tion of an efficient, coherent, reliable, en-
forceable, and predictable export control 
system, and the resolution of competing 
views or policy objectives described in sec-
tion 102. 
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(2) AUTHORITY TO SEEK INFORMATION.—The 
Federal officials described in subsection (a) may, in 
carrying out the purposes set forth in paragraph (1), 
seek information and advice from experts who are 
not officers or employees of the Federal Govern-
ment. 
(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 Federal 
officials described in subsection (a) shall determine, 
direct, and ensure that improvements recommended 
in the evaluations are implemented. 
SEC. 106. CONTROL LISTS. 
The President shall, pursuant to the delegation of au-
thority in section 105, ensure that— 
(1) a process is established for regular inter-
agency review of each list established under section 
104(a)(1), that pursuant to such review the Sec-
retary of Commerce regularly updates such lists to 
ensure that new items (including emerging critical 
technologies) are appropriately controlled, and that 
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the level of control of items on the lists are adjusted 
as conditions change; 
(2) information and expertise is obtained from 
officers and employees from relevant Federal depart-
ments, agencies, and offices and persons outside the 
Federal Government who have technical expertise, 
with respect to the characteristics of the items con-
sidered 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) each list established under section 104(a)(1) 
appropriately identifies each entry that has been in-
cluded 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 exports, reexports, and 
transfers of items; and 
(4) each list established under section 104(a)(1) 
is published by the Secretary of Commerce in a form 
that facilitates compliance with it and related re-
quirements, particularly by small- and medium-sized 
businesses, and academic institutions. 
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SEC. 107. LICENSING. 
(a) IN GENERAL.—The President shall, pursuant to 
the delegation of authority in section 105, establish a pro-
cedure for the Department of Commerce to license or oth-
erwise authorize the export, reexport, and 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 ensure that— 
(1) license applications, other requests for au-
thorization, and related dispute resolution proce-
dures are considered and decisions made with the 
participation of appropriate departments, 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 and other authorization processing 
and the reason for denying any license or request for 
authorization. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the President should make best efforts to en-
sure that an accurate, consistent, and timely evaluation 
and processing of licenses or other requests for authoriza-
tion to export, reexport, or transfer items controlled under 
this title is accomplished within 30 days from the date 
of such license request. 
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(c) FEES.—No fee may be charged in connection with 
the submission, processing, or consideration of any appli-
cation for a license or other authorization or other request 
made in connection with any regulation in effect under 
the authority of this title. 
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, who are potential cus-
tomers, suppliers, or business partners with respect to 
items controlled under this title, in order to further ensure 
the prevention of the export, reexport, or 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 that subsection who 
are responsible for complying with this title. 
(c) ASSISTANCE FOR CERTAIN BUSINESSES.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act, the 
President shall develop and submit to Congress a 
plan to assist small- and medium-sized United 
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States in export licensing and other processes under 
this title. 
(2) CONTENTS.—The plan shall include, among 
other things, arrangements for the Department of 
Commerce to provide counseling to businesses de-
scribed in paragraph (1) on filing applications and 
identifying items controlled under this title, as well 
as proposals for seminars and conferences to educate 
such businesses on export controls, licensing proce-
dures, and related obligations. 
SEC. 109. REQUIREMENTS TO IDENTIFY AND CONTROL 
EMERGING CRITICAL TECHNOLOGIES IN EX-
PORT CONTROL REGULATIONS. 
(a) IN GENERAL.—The President shall, pursuant to 
the delegation of authority in section 105, establish and, 
in coordination with the Department of Commerce, the 
Department of Defense, the Department of State, the De-
partment of Energy, and other departments determined 
to be necessary, lead a regular, ongoing interagency proc-
ess to identify emerging critical technologies that are not 
identified in any list of items controlled for export under 
United States law or regulations, but that nonetheless 
could be essential for maintaining or increasing the tech-
nological advantage of the United States over countries 
that pose a significant threat to the national security of 
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the United States with respect to national defense, intel-
ligence, or other areas of national security, or gaining such 
an advantage over such countries in areas where such an 
advantage may not currently exist. 
(b) REQUIREMENTS.—The interagency process re-
quired under subsection (a) shall— 
(1) draw upon the expertise, resources, and eq-
uities of all relevant United States Government 
agencies, industries, and academic institutions to 
identify and describe such emerging critical tech-
nologies; 
(2) require the relevant export control authority 
to publish proposed regulations for public comment 
that would control heretofore unlisted emerging crit-
ical technologies identified pursuant to subsection 
(a) and control the release of each such technology 
to destinations, end uses, or end users as determined 
by the President; 
(3) require the Secretary of Commerce, the Sec-
retary of State, and the Secretary of Defense to pro-
pose to the relevant multilateral export control re-
gimes in the following year that such emerging crit-
ical technologies be added to the list of technologies 
controlled by such regimes; 
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(4) determine whether national security con-
cerns warrant continued unilateral export controls 
over technologies identified pursuant to subsection 
(a) if the relevant multilateral export control regime 
does not agree to list such technologies on its control 
list within three years; and 
(5) require the agencies responsible for admin-
istering the export controls identified in subsection 
(a) to remove or revise, as appropriate, existing con-
trols determined to warrant removal or revision as a 
result of insight or information obtained during ef-
forts undertaken to comply with the requirements of 
this section. 
SEC. 110. PENALTIES. 
(a) UNLAWFUL ACTS.— 
(1) IN GENERAL.—It shall be unlawful for a 
person to violate, attempt to violate, conspire to vio-
late, or cause a violation of this title or of any regu-
lation, order, license, or other authorization issued 
under this title, including any of the unlawful acts 
described in paragraph (2). 
(2) SPECIFIC UNLAWFUL ACTS.—The unlawful 
acts described in this paragraph are the following: 
(A) No person may engage in any conduct 
prohibited by or contrary to, or refrain from en-
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gaging in any conduct required by this title, the 
Export Administration Regulations, or any 
order, license or authorization issued there-
under. 
(B) No person may cause or aid, abet, 
counsel, command, induce, procure, or approve 
the doing of any act prohibited, or the omission 
of any act required by this title, the Export Ad-
ministration Regulations, or any order, license 
or authorization issued thereunder. 
(C) No person may solicit or attempt a vio-
lation of this Act, the Export Administration 
Regulations, or any order, license or authoriza-
tion issued thereunder. 
(D) No person may conspire or act in con-
cert with one or more other persons in any 
manner or for any purpose to bring about or to 
do any act that constitutes a violation of this 
title, the Export Administration Regulations, or 
any order, license or authorization issued there-
under. 
(E) No person may order, buy, remove, 
conceal, store, use, sell, loan, dispose of, trans-
fer, transport, finance, forward, or otherwise 
service, in whole or in part, any item exported 
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