50 U.S.C. § 4824 — Annual report to Congress

Page 1217 TITLE 50—WAR AND NATIONAL DEFENSE § 4824 1 See References in Text note below. escalation processes for dual-use items and mu- nitions under the licensing jurisdiction of the Department of Commerce or any other Federal agency, as appropriate, to determine whether current practices and procedures are consistent with established national security and foreign policy objectives. (b) Report Not later than 180 days after August 13, 2018, the President shall submit to the appropriate congressional committees a report that contains the results of the review carried out under sub- section (a). (c) Operating Committee for Export Policy In any case in which the Operating Committee for Export Policy established by Executive Order 12981 (December 5, 1995; relating to Admin- istration of Export Controls) is meeting to con- duct an interagency dispute resolution relating to applications for export licenses under the Ex- port Administration Regulations, matters relat- ing to jet engine hot section technology, com- mercial communication satellites, and emerging or foundational technology may be decided by majority vote. (d) Appropriate congressional committees de- fined In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Armed Services and the Committee on Banking, Housing, and Urban Affairs of the Senate. (Pub. L. 115–232, div. A, title XVII, § 1763, Aug. 13, 2018, 132 Stat. 2231; Pub. L. 116–283, div. A, title X, § 1081(d)(9), Jan. 1, 2021, 134 Stat. 3874.) Editorial Notes REFERENCES IN TEXT Executive Order 12981, referred to in subsec. (c), is Ex. Ord. No. 12981, Dec. 5, 1995, 60 F.R. 62981, which is set out as a note under former section 4603 of this title. AMENDMENTS 2021—Subsec. (c). Pub. L. 116–283 substituted ‘‘Decem- ber 5, 1995’’ for ‘‘December 5, 1991’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116–283, div. A, title X, § 1081(d), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(d)(9) is effective as of Aug. 13, 2018, and as if included in Pub. L. 115–232. Executive Documents DELEGATION OF AUTHORITIES AND RESPONSIBILITIES UNDER SECTION 1763 OF THE NATIONAL DEFENSE AU- THORIZATION ACT FOR FISCAL YEAR 2019 Memorandum of President of the United States, Jan. 15, 2019, 84 F.R. 197, provided: Memorandum for the Secretary of Commerce By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of Commerce, in coordination with executive departments and agen- cies through the National Security Presidential Memorandum–4 [50 U.S.C. 3021 note] process, the func- tions and authorities vested in the President by section 1763 of the National Defense Authorization Act for Fis- cal Year 2019 (Public Law 115–232) [50 U.S.C. 4822]. The delegation of authorities and responsibilities in this memorandum shall apply to any provision of any future public law that are the same or substantially the same as the provision referenced in this memo- randum. The Secretary of Commerce is authorized and di- rected to publish this memorandum in the Federal Reg- ister. DONALD J. TRUMP. § 4823. Consultation with other agencies on com- modity classification Notwithstanding any other provision of law, the Secretary shall consult with the Secretary of Defense, the Secretary of State, and the Sec- retary of Energy, as appropriate, regarding com- modity classifications for any item the Sec- retary and the Secretary of Defense, the Sec- retary of State, and the Secretary of Energy identify and mutually determine is materially significant enough to warrant interagency con- sultation. (Pub. L. 115–232, div. A, title XVII, § 1764, Aug. 13, 2018, 132 Stat. 2232.) § 4824. Annual report to Congress (a) In general The Secretary shall submit to Congress, by December 31 of each year, a report on the imple- mentation of this subchapter during the pre- ceding fiscal year. The report shall include a re- view of— (1) the effect of controls imposed under this subchapter on exports, reexports, and in-coun- try transfers of items in addressing threats to the national security or foreign policy of the United States, including a description of li- censing processing times; (2) the impact of such controls on the sci- entific and technological leadership of the United States; (3) the consistency with such controls of ex- port controls imposed by other countries; (4) efforts to provide exporters with compli- ance 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 ac- tions, including of actions taken to implement end-use monitoring of dual-use, military, and other items subject to the Export Administra- tion Regulations; (7) a summary of approved license applica- tions to proscribed persons; (8) efforts undertaken within the previous year to comply with the requirements of sec- tion 4817 1 of this title, including any critical technologies identified under such section and how or whether such critical technologies were controlled for export; and (9) a summary of industrial base assessments conducted during the previous year by the De- partment of Commerce, including with respect Page 1218 TITLE 50—WAR AND NATIONAL DEFENSE § 4825 to counterfeit electronics, foundational tech- nologies, and other research and analysis of critical technologies and industrial capabili- ties of key defense-related sectors. (b) Form The report required under subsection (a) shall be submitted in unclassified form, but may con- tain a classified annex. (Pub. L. 115–232, div. A, title XVII, § 1765, Aug. 13, 2018, 132 Stat. 2232.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a), was in the original ‘‘this part’’, meaning part I (§§ 1751–1768) of sub- title B of title XVII of div. A of Pub. L. 115–232, known as the Export Controls Act of 2018, which is classified principally to this subchapter. For complete classifica- tion of part I to the Code, see section 1751 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables. Section 4817 of this title, referred to in subsec. (a)(8), was in the original ‘‘section 1759’’, and was translated as meaning section 1758 of Pub. L. 115–232, which relates to requirements to identify and control the export of emerging and foundational technologies and is classi- fied to section 4817 of this title, to reflect the probable intent of Congress. § 4825. Effect on other acts (a) In general Except as otherwise provided in this sub- chapter, nothing contained in this subchapter shall be construed to modify, repeal, supersede, or otherwise affect the provisions of any other laws authorizing control over the export or reex- port of any item. (b) Coordination of controls (1) In general The authority granted to the President under this subchapter shall be exercised in such manner so as to achieve effective coordi- nation with the authority exercised under sec- tion 38 of the Arms Export Control Act (22 U.S.C. 2778) and all other export control and sanctions authorities exercised by Federal de- partments and agencies, particularly the De- partment 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 coordination described in paragraph (1), such Federal departments and agencies— (A) should continuously work to create en- forceable regulations with respect to the ex- port, reexport, and in-country transfer by United States and foreign persons of com- modities, software, technology, and services to various end uses and end users for foreign policy and national security reasons; (B) should regularly work to reduce com- plexity in the system, including complexity caused merely by the existence of struc- tural, definitional, and other non-policy based differences between and among dif- ferent export control and sanctions systems; and (C) should coordinate controls on items ex- ported, reexported, or in-country transferred in connection with a foreign military sale under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) or a commercial sale under section 38 of the Arms Export Control Act [22 U.S.C. 2778] to reduce as much unnecessary administrative burden as possible that is a result of differences be- tween the exercise of those two authorities. (c) Nonproliferation controls Nothing in this subchapter shall be construed to supersede the procedures published by the President pursuant to section 2139a(c) of title 42. (Pub. L. 115–232, div. A, title XVII, § 1767, Aug. 13, 2018, 132 Stat. 2233.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this part’’, meaning part I (§§ 1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232, known as the Export Controls Act of 2018, which is classified prin- cipally to this subchapter. For complete classification of part I to the Code, see section 1751 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables. The Arms Export Control Act, referred to in subsec. (b)(2)(C), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320. Chapter 2 of the Act is classified generally to sub- chapter II (§ 2761 et seq.) of chapter 39 of Title 22, For- eign Relations and Intercourse. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables. § 4826. Transition provisions (a) In general All delegations, rules, regulations, orders, de- terminations, licenses, or other forms of admin- istrative action that have been made, issued, conducted, or allowed to become effective under the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as in effect on the day before Au- gust 13, 2018, and as continued in effect pursuant to the International Emergency Economic Pow- ers Act (50 U.S.C. 1701 et seq.)), or the Export Administration Regulations, and are in effect as of August 13, 2018, shall continue in effect ac- cording to their terms until modified, super- seded, set aside, or revoked under the authority of this subchapter. (b) Administrative and judicial proceedings This subchapter shall not affect any adminis- trative or judicial proceedings commenced, or any applications for licenses made, under the Export Administration Act of 1979 (as in effect on the day before August 13, 2018, and as contin- ued in effect pursuant to the International Emergency Economic Powers Act [50 U.S.C. 1701 et seq.]), or the Export Administration Regula- tions. (c) Certain determinations and references (1) State sponsors of terrorism Any determination that was made under sec- tion 6(j) of the Export Administration Act of 1979 (as in effect on the day before August 13, 2018, and as continued in effect pursuant to the International Emergency Economic Powers