§ 4601. Repealed. Pub. L. 115–232, div. A, title
XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232
Section, Pub. L. 96–72, § 2, Sept. 29, 1979, 93 Stat. 503;
Pub. L. 99–64, title I, § 102, July 12, 1985, 99 Stat. 120;
Pub. L. 103–199, title II, § 201(a), Dec. 17, 1993, 107 Stat.
2320, set forth Congressional findings with respect to
the Export Administration Act of 1979.
Section was formerly classified to section 2401 of the
former Appendix to this title prior to editorial reclassi-
fication and renumbering as this section.
A prior section 2401 of the former Appendix to this
title, Pub. L. 91–184, § 2, Dec. 30, 1969, 83 Stat. 841; Pub.
L. 92–412, title I, § 102, Aug. 29, 1972, 86 Stat. 644; Pub. L.
93–500, § 4(a), Oct. 29, 1974, 88 Stat. 1553, set forth find-
ings of Congress with respect to the Export Adminis-
tration Act of 1969, prior to the expiration of Pub. L.
91–184 on Sept. 30, 1979.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 1985 AMENDMENT
Pub. L. 99–64, § 1, July 12, 1985, 99 Stat. 120, provided
that: ‘‘Titles I and II of this Act [enacting sections 4051
Page 1179
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4601
to 4053 of Title 15, Commerce and Trade, section 1864 of
Title 19, Customs Duties, and section 466c of Title 46,
Appendix, Shipping, amending this section and sections
4602 to 4606, 4609, 4610, 4614, 4615 to 4620, and 4622 of this
title, sections 5314 and 5315 of Title 5, Government Or-
ganization and Employees, sections 2304 and 2778 of
Title 22, Foreign Relations and Intercourse, and section
185 of Title 30, Mineral Lands and Mining, and enacting
provisions set out as notes under sections 4604, 4605, and
4617 of this title and section 5314 of Title 5] may be
cited as the ‘Export Administration Amendments Act
of 1985’.’’
File SHA-256: bd5ac5992bb24edddc4e2663fa4596d258470af4f34c1233d39e02869c7d8791. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_feddc73d8570430ccf368931 Source file: Laws/federal/codes/united-states-code-2024/title-50/section-4601-repealed-pub-l-115232-div-a-title--16023d188d.md Pages: Not recorded – Not recorded Passage SHA-256: d8b7c906087f10eb631071ffe02dcbb1e16a065e00d9d6761828a48ce8abd5ab Retained source evidence SHA-256: bd5ac5992bb24edddc4e2663fa4596d258470af4f34c1233d39e02869c7d8791
Page 1178
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4601
‘‘(2) RECOMMENDATIONS
FOR
MODIFICATIONS.—The
interagency team shall submit to the President any
recommendations for modifications of any existing or
proposed memorandum of understanding between of-
ficials acting on behalf of the United States and one
or more foreign countries (or any instrumentality of
a foreign country) relating to—
‘‘(A) research, development, or production of de-
fense equipment; or
‘‘(B) the reciprocal procurement of defense
items.’’
Executive Documents
DELEGATION OF FUNCTIONS
For directive to Secretary of Commerce to prepare
and submit annual report required by this section, see
section 702 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R.
16658, set out as a note under section 4553 of this title.
EX. ORD. NO. 13177. NATIONAL COMMISSION ON THE USE OF
OFFSETS IN DEFENSE TRADE AND PRESIDENT’S COUNCIL
ON THE USE OF OFFSETS IN COMMERCIAL TRADE
Ex. Ord. No. 13177, Dec. 4, 2000, 65 F.R. 76558, as
amended by Ex. Ord. No. 13316, § 3(f), Sept. 17, 2003, 68
F.R. 55256, provided:
By the authority vested in the President by the Con-
stitution and the laws of the United States of America,
including Public Law 106–113 [see Tables for classifica-
tion] and the Federal Advisory Committee Act, as
amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et
seq.], and in order to implement section 1247 of Public
Law 106–113 (113 Stat. 1501A–502) [set out in a note
above] and to create a parallel ‘‘President’s Council on
the Use of Offsets in Commercial Trade,’’ it is hereby
ordered as follows:
SECTION
1. Membership. Pursuant to Public Law
106–113, the ‘‘National Commission on the Use of Offsets
in Defense Trade’’ (Commission) comprises 11 members
appointed by the President with the concurrence of the
Majority and Minority Leaders of the Senate and the
Speaker and the Minority Leader of the House of Rep-
resentatives. The Commission membership includes: (a)
representatives from the private sector, including one
each from (i) a labor organization, (ii) a United States
defense manufacturing company dependent on foreign
sales, (iii) a United States company dependent on for-
eign sales that is not a defense manufacturer, and (iv)
a United States company that specializes in inter-
national investment; (b) two members from academia
with widely recognized expertise in international eco-
nomics; and (c) five members from the executive
branch, including a member from the: (i) Office of Man-
agement and Budget, (ii) Department of Commerce,
(iii) Department of Defense, (iv) Department of State,
and (v) Department of Labor. The member from the Of-
fice of Management and Budget will serve as Chair-
person of the Commission and will appoint, and fix the
compensation of, the Executive Director of the Com-
mission.
SEC. 2. Duties. The Commission will be responsible for
reviewing and reporting on: (a) current practices by
foreign governments in requiring offsets in purchasing
agreements and the extent and nature of offsets offered
by United States and foreign defense industry contrac-
tors; (b) the impact of the use of offsets on defense sub-
contractors and nondefense industrial sectors affected
by indirect offsets; and (c) the role of offsets, both di-
rect and indirect, on domestic industry stability,
United States trade competitiveness, and national se-
curity.
SEC. 3. Commission Report. Not later than 12 months
after the Commission is established, it will report to
the appropriate congressional committees. In addition
to the items described in section 2 of this order, the re-
port will include: (a) an analysis of (i) the collateral
impact of offsets on industry sectors that may be dif-
ferent than those of the contractor paying offsets, in-
cluding estimates of contracts and jobs lost as well as
an assessment of damage to industrial sectors; (ii) the
role of offsets with respect to competitiveness of the
United States defense industry in international trade
and the potential damage to the ability of United
States contractors to compete if offsets were prohib-
ited or limited; and (iii) the impact on United States
national security, and upon United States nonprolifera-
tion objectives, of the use of co-production, subcon-
tracting, and technology transfer with foreign govern-
ments or companies, that results from fulfilling offset
requirements, with particular emphasis on the question
of dependency upon foreign nations for the supply of
critical components or technology; (b) proposals for
unilateral, bilateral, or multilateral measures aimed at
reducing any detrimental effects of offsets; and (c) an
identification of the appropriate executive branch
agencies to be responsible for monitoring the use of off-
sets in international defense trade.
SEC. 4. Administration, Compensation, and Termination.
(a) The Department of Defense will provide administra-
tive support and funding for the Commission and Fed-
eral Government employees may be detailed to the
Commission without reimbursement.
(b) Members of the Commission who are not officers
or employees of the Federal Government will be com-
pensated at a rate of basic pay prescribed for level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel
time) during which such member is engaged in perform-
ance of the duties of the Commission. Members of the
Commission who are officers or employees of the Fed-
eral Government will serve without compensation in
addition to that received for their services as officers
or employees of the Federal Government.
(c) Members of the Commission will be allowed travel
expenses, including per diem in lieu of subsistence,
under subchapter 1 of chapter 57 of title 5, United
States Code, while on business in the performance of
services for the Commission.
(d) The Commission will terminate 30 days after
transmitting the report required in section 1248(b) of
Public Law 106–113 (113 Stat. 1501A–505) [set out in a
note above].
[SECS. 5 to 8. Revoked effective Sept. 30, 2003, by Ex.
Ord. No. 13316, § 3(f), Sept. 17, 2003, 68 F.R. 55256.]
CHAPTER 56—EXPORT ADMINISTRATION
Sec.
4601 to 4610. Repealed.
4611.
Multilateral export control violations.
4612.
Missile proliferation control violations.
4613.
Chemical and biological weapons prolifera-
tion sanctions.
4614 to 4623. Repealed.
§ 4601. Repealed. Pub. L. 115–232, div. A, title
XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232
Section, Pub. L. 96–72, § 2, Sept. 29, 1979, 93 Stat. 503;
Pub. L. 99–64, title I, § 102, July 12, 1985, 99 Stat. 120;
Pub. L. 103–199, title II, § 201(a), Dec. 17, 1993, 107 Stat.
2320, set forth Congressional findings with respect to
the Export Administration Act of 1979.
Section was formerly classified to section 2401 of the
former Appendix to this title prior to editorial reclassi-
fication and renumbering as this section.
A prior section 2401 of the former Appendix to this
title, Pub. L. 91–184, § 2, Dec. 30, 1969, 83 Stat. 841; Pub.
L. 92–412, title I, § 102, Aug. 29, 1972, 86 Stat. 644; Pub. L.
93–500, § 4(a), Oct. 29, 1974, 88 Stat. 1553, set forth find-
ings of Congress with respect to the Export Adminis-
tration Act of 1969, prior to the expiration of Pub. L.
91–184 on Sept. 30, 1979.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 1985 AMENDMENT
Pub. L. 99–64, § 1, July 12, 1985, 99 Stat. 120, provided
that: ‘‘Titles I and II of this Act [enacting sections 4051
Page 1179
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4601
to 4053 of Title 15, Commerce and Trade, section 1864 of
Title 19, Customs Duties, and section 466c of Title 46,
Appendix, Shipping, amending this section and sections
4602 to 4606, 4609, 4610, 4614, 4615 to 4620, and 4622 of this
title, sections 5314 and 5315 of Title 5, Government Or-
ganization and Employees, sections 2304 and 2778 of
Title 22, Foreign Relations and Intercourse, and section
185 of Title 30, Mineral Lands and Mining, and enacting
provisions set out as notes under sections 4604, 4605, and
4617 of this title and section 5314 of Title 5] may be
cited as the ‘Export Administration Amendments Act
of 1985’.’’
SHORT TITLE OF 1981 AMENDMENT
Pub. L. 97–145, § 1, Dec. 29, 1981, 95 Stat. 1727, provided:
‘‘That this Act [amending sections 4605, 4610, 4614, and
4620 of this title and enacting provisions set out as
notes under sections 4605, 4610, and 4620 of this title]
may be cited as the ‘Export Administration Amend-
ments Act of 1981’.’’
SHORT TITLE
Pub. L. 96–72, § 1, Sept. 29, 1979, 93 Stat. 503, which pro-
vided that Pub. L. 96–72, which enacted this chapter,
amended section 1732 of Title 7, Agriculture, sections
2778 and 3108 of Title 22, Foreign Relations and Inter-
course, section 993 of Title 26, Internal Revenue Code,
and sections 6212 and 6274 of Title 42, The Public Health
and Welfare, and enacted provisions set out as notes
under former sections 4606 and 4609 of this title and sec-
tion 3108 of Title 22, could be cited as the ‘‘Export Ad-
ministration Act of 1979’’, was repealed by Pub. L.
115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132
Stat. 2232.
REPEAL OF EXPORT ADMINISTRATION ACT OF 1979
Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13,
2018, 132 Stat. 2232, provided that: ‘‘The Export Admin-
istration Act of 1979 (50 U.S.C. 4601 et seq.) (as contin-
ued in effect pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.)) (other
than sections 11A, 11B, and 11C of such Export Adminis-
tration Act of 1979 [50 U.S.C. 4611, 4612, 4613]) is re-
pealed.’’
IMPLEMENTATION OF REPEAL
Pub. L. 115–232, div. A, title XVII, § 1766(b), Aug. 13,
2018, 132 Stat. 2232, provided that: ‘‘The President shall
implement the amendment made by subsection (a) [re-
pealing sections 4601 to 4610 and 4614 to 4623 of this
title, enacting provisions set out as notes under this
section, and repealing provisions set out as notes under
this section and sections 4606 and 4609 of this title and
section 3108 of Title 22, Foreign Relations and Inter-
course] by exercising the authorities of the President
under the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.).’’
TRANSITION PROVISIONS
For provisions relating to continuation in effect of
delegations, rules, regulations, orders, determinations,
licenses, or other forms of administrative action that
had been made, issued, conducted, or allowed to become
effective under this chapter as in effect on the day be-
fore August 13, 2018, and continuation in effect of cer-
tain determinations and references, see section 4826 of
this title.
DIRECTOR
OF
NATIONAL
INTELLIGENCE
SUPPORT
FOR
REVIEWS OF INTERNATIONAL TRAFFIC IN ARMS REGU-
LATIONS AND EXPORT ADMINISTRATION REGULATIONS
Pub. L. 111–259, title IV, § 415, Oct. 7, 2010, 124 Stat.
2727, provided that: ‘‘The Director of National Intel-
ligence may provide support for any review conducted
by a department or agency of the United States Gov-
ernment of the International Traffic in Arms Regula-
tions or Export Administration Regulations, including
a review of technologies and goods on the United States
Munitions List and Commerce Control List that may
warrant controls that are different or additional to the
controls such technologies and goods are subject to at
the time of such review.’’
Executive Documents
EX. ORD. NO. 12131. PRESIDENT’S EXPORT COUNCIL
Ex. Ord. No. 12131, May 4, 1979, 44 F.R. 26841, as
amended by Ex. Ord. No. 12551, Feb. 21, 1986, 21 F.R.
6509; Ex. Ord. No. 12991, Mar. 6, 1996, 61 F.R. 9587; Ex.
Ord. No. 13138, § 5, Sept. 30, 1999, 64 F.R. 53880; Ex. Ord.
No. 13316, § 5, Sept. 17, 2003, 68 F.R. 55256; Ex. Ord. No.
13596, § 1, Dec. 19, 2011, 76 F.R. 80725, provided:
By the authority vested in me as President by the
Constitution and statutes of the United States of
America, and in order to expand the membership of the
President’s Export Council, in accord with the provi-
sions of the Federal Advisory Committee Act ([former]
5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], it is hereby or-
dered as follows:
1–1. ESTABLISHMENT AND MEMBERSHIP
1–101. There is established the President’s Export
Council.
1–102. The membership of the Council shall be as fol-
lows:
(a) The heads of the following executive departments,
agencies, or offices, or their representatives:
(1) Department of State.
(2) Department of the Treasury.
(3) Department of Agriculture.
(4) Department of Commerce.
(5) Department of Labor.
(6) Department of Energy.
(7) Department of Transportation.
(8) Department of Homeland Security.
(9) Office of United States Trade Representative.
(10) Export-Import Bank of the United States.
(11) Small Business Administration.
(12) United States Trade and Development Agency.
(13) Overseas Private Investment Corporation [now
United States International Development Finance Cor-
poration].
(14) Council of Economic Advisers.
(15) Office of Management and Budget.
(16) National Economic Council.
(17) National Security Staff.
(b) In their discretion, the heads of the following or-
ganizations or their designees:
(1) National Governors Association.
(2) United States Conference of Mayors.
(c) Five members of the United States Senate, des-
ignated by the President of the Senate, and five mem-
bers of the United States House of Representatives,
designated by the Speaker of the House, to serve for a
two-year term.
(d) Not to exceed 28 citizens appointed by the Presi-
dent. These individuals shall be selected from those
who are not full-time Federal officers or employees.
They shall include representatives of business and in-
dustry, agriculture, and labor.
1–103. The President shall designate a Chairman and
a Vice Chairman from among the members appointed
by the President.
1–104. The Secretary of Commerce, with the concur-
rence of the Chairman, shall appoint an Executive Di-
rector.
1–2. FUNCTIONS
1–201. The Council shall serve as a national advisory
body on matters relating to United States export trade,
including advice on the implementation of the Presi-
dent’s National Export Policy, which was announced on
September 26, 1978. It shall, through the Secretary of
Commerce, report to the President on its activities and
on its recommendations for expanding United States
exports.
1–202. The Council should survey and evaluate the ex-
port expansion activities of the communities rep-
Page 1180
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4601
resented by the membership. It should identify and ex-
amine specific problems which business, industrial, and
agricultural practices may cause for export trade, and
examine the needs of business, industry, and agri-
culture to expand their efforts. The Council should rec-
ommend specific solutions to these problems and needs.
1–203. The Council may act as liaison among the com-
munities represented by the membership; and, may pro-
vide a forum for those communities on current and
emerging problems and issues in the field of export ex-
pansion. The Council should encourage the business, in-
dustrial, and agricultural communities to enter new
foreign markets and to expand existing export pro-
grams.
1–204. The Council shall provide advice on Federal
plans and actions that affect export expansion policies
which have an impact on those communities rep-
resented by the membership.
1–205. The Council may establish, with the concur-
rence of the Secretary of Commerce, an executive com-
mittee and such other subordinate committees it con-
siders necessary for the performance of its functions.
The Chairman of a subordinate committee shall be des-
ignated, with the concurrence of the Secretary of Com-
merce, by the Chairman of the Council from among the
membership of the Council. Members of subordinate
committees shall be appointed by the Secretary of
Commerce.
1–3. ADMINISTRATIVE PROVISIONS
1–301. The Secretary of Commerce shall, to the extent
permitted by law, provide the Council, including its ex-
ecutive and subordinate committees, with administra-
tive and staff services, support and facilities as may be
necessary for the effective performance of its functions.
1–302. Each member of the Council, including its exec-
utive and subordinate committees, who is not other-
wise paid a salary by the Federal Government, shall re-
ceive no compensation from the United States by vir-
tue of their service on the Council, but all members
may receive the transportation and travel expenses, in-
cluding per diem in lieu of subsistence, authorized by
law (5 U.S.C. 5702 and 5703).
1–4. GENERAL PROVISIONS
1–401. Notwithstanding the provisions of any other
Executive order, the functions of the President under
the Federal Advisory Committee Act ([former] 5 U.S.C.
App.) [see 5 U.S.C. 1001 et seq.], except that of reporting
annually to the Congress, which are applicable to the
Council, shall be performed by the Secretary of Com-
merce in accordance with guidelines and procedures es-
tablished by the Administrator of General Services.
1–402. Executive Order No. 11753 is revoked; however,
nothing in this Order shall be deemed to require new
charters for the Council, including its executive and
subordinate committees, which were current imme-
diately prior to the issuance of this Order.
1–403. The Council shall terminate on December 31,
1980, unless sooner extended.
[Reference to the National Security Staff deemed to
be a reference to the National Security Council Staff,
see Ex. Ord. No. 13657, set out as a note under section
3021 of this title.]
EXTENSION OF TERM OF PRESIDENT’S EXPORT COUNCIL
Term of President’s Export Council extended until
Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88
F.R. 68447, set out as a note under section 1013 of Title
5, Government Organization and Employees.
Previous extensions of term of President’s Export
Council were contained in the following prior Execu-
tive Orders:
Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, ex-
tended term until Sept. 30, 2023.
Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, ex-
tended term until Sept. 30, 2021.
Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, ex-
tended term until Sept. 30, 2019.
Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, ex-
tended term until Sept. 30, 2017.
Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, ex-
tended term until Sept. 30, 2015.
Ex. Ord. No. 13585, Sept. 30, 2011, 76 F.R. 62281, ex-
tended term until Sept. 30, 2013.
Ex. Ord. No. 13511, Sept. 29, 2009, 74 F.R. 50909, ex-
tended term until Sept. 30, 2011.
Ex. Ord. No. 13446, Sept. 28, 2007, 72 F.R. 56175, ex-
tended term until Sept. 30, 2009.
Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989, ex-
tended term until Sept. 30, 2007.
Ex. Ord. No. 13316, Sept. 17, 2003, 68 F.R. 55255, ex-
tended term until Sept. 30, 2005.
Ex. Ord. No. 13225, Sept. 28, 2001, 66 F.R. 50291, ex-
tended term until Sept. 30, 2003.
Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, ex-
tended term until Sept. 30, 2001.
Ex. Ord. No. 13062, § 1(m), Sept. 29, 1997, 62 F.R. 51755,
extended term until Sept. 30, 1999.
Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, ex-
tended term until Sept. 30, 1997.
Ex. Ord. No. 12869, Sept. 30, 1993, 58 F.R. 51751, ex-
tended term until Sept. 30, 1995.
Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R. 49835, ex-
tended term until Sept. 30, 1993.
Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, ex-
tended term until Sept. 30, 1991.
Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, ex-
tended term until Sept. 30, 1989.
Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, ex-
tended term until Sept. 30, 1987.
Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, ex-
tended term until Sept. 30, 1985.
Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, extended
term until Sept. 30, 1984.
Ex. Ord. No. 12258, § 1–101(l), Dec. 31, 1980, 46 F.R. 1251,
extended term until Dec. 31, 1982.
EX. ORD. NO. 13558. EXPORT ENFORCEMENT COORDINATION
CENTER
Ex. Ord. No. 13558, Nov. 9, 2010, 75 F.R. 69573, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to advance United States foreign
policy and protect the national and economic security
of the United States through strengthened and coordi-
nated enforcement of United States export control laws
and enhanced intelligence exchange in support of such
enforcement efforts, it is hereby ordered as follows:
SECTION 1. Policy. Export controls are critical to
achieving our national security and foreign policy
goals. To enhance our enforcement efforts and mini-
mize enforcement conflicts, executive departments and
agencies must coordinate their efforts to detect, pre-
vent, disrupt, investigate, and prosecute violations of
U.S. export control laws, and must share intelligence
and law enforcement information related to these ef-
forts to the maximum extent possible, consistent with
national security and applicable law.
SEC. 2. Establishment. (a) The Secretary of Homeland
Security shall establish, within the Department of
Homeland Security for administrative purposes, an
interagency Federal Export Enforcement Coordination
Center (Center).
(b) The Center shall coordinate on matters relating
to export enforcement among the following:
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Defense;
(iv) the Department of Justice;
(v) the Department of Commerce;
(vi) the Department of Energy;
(vii) the Department of Homeland Security;
(viii) the Office of the Director of National Intel-
ligence; and
(ix) other executive branch departments, agencies, or
offices as the President, from time to time, may des-
ignate.
(c) The Center shall have a Director, who shall be a
full-time senior officer or employee of the Department
Page 1181
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4603
of Homeland Security, designated by the Secretary of
Homeland Security. The Center shall have two Deputy
Directors, who shall be full-time senior officers or em-
ployees of the Department of Commerce and the De-
partment of Justice, designated by the Secretary of
Commerce and the Attorney General, respectively, de-
tailed to the Center and reporting to the Director. The
Center shall also have an Intelligence Community Liai-
son, who shall be a full-time senior officer or employee
of the Federal Government, designated by the Director
of National Intelligence, and detailed or assigned to the
Center.
(d) The Center shall have a full-time staff reporting
to the Director. To the extent permitted by law, execu-
tive departments and agencies enumerated in sub-
section (b) of this section are encouraged to detail or
assign their employees to the Center without reim-
bursement.
SEC. 3. Functions. The Center shall:
(a) serve as the primary forum within the Federal
Government for executive departments and agencies to
coordinate and enhance their export control enforce-
ment efforts and identify and resolve conflicts that
have not been otherwise resolved in criminal and ad-
ministrative investigations and actions involving vio-
lations of U.S. export control laws;
(b) serve as a conduit between Federal law enforce-
ment agencies and the U.S. Intelligence Community for
the exchange of information related to potential U.S.
export control violations;
(c) serve as a primary point of contact between en-
forcement authorities and agencies engaged in export
licensing;
(d) coordinate law enforcement public outreach ac-
tivities related to U.S. export controls; and
(e) establish Government-wide statistical tracking
capabilities for U.S. criminal and administrative ex-
port control enforcement activities, to be conducted by
the Department of Homeland Security with informa-
tion provided by and shared with all relevant depart-
ments and agencies participating in the Center.
SEC. 4. Administration. (a) The Department of Home-
land Security shall operate and provide funding and ad-
ministrative support for the Center to the extent per-
mitted by law and subject to the availability of appro-
priations.
(b) The Director of the Center shall convene and pre-
side at the Center’s meetings, determine its agenda, di-
rect the work of the Center, and, as appropriate to par-
ticular subject matters, organize and coordinate sub-
groups of the Center’s members.
SEC. 5. General Provisions. (a) This order shall be im-
plemented consistent with applicable law and subject
to the availability of appropriations.
(b) Nothing in this order shall be construed to impair
or otherwise affect:
(i) authority granted by law, regulation, Executive
Order, or Presidential Directive to an executive depart-
ment, agency, or head thereof; or
(ii) functions of the Director of the Office of Manage-
ment and Budget relating to budgetary, administra-
tive, or legislative proposals.
(c) Nothing in this order shall be construed to provide
exclusive or primary investigative authority to any
agency. Agencies shall continue to investigate criminal
and administrative export violations consistent with
their existing authorities, jointly or separately, with
coordination through the Center to enhance enforce-
ment efforts and minimize potential for conflict.
(d) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforce-
able at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
BARACK OBAMA.
§ 4602. Repealed. Pub. L. 115–232, div. A, title
XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232
Section, Pub. L. 96–72, § 3, Sept. 29, 1979, 93 Stat. 504;
Pub. L. 99–64, title I, § 103, July 12, 1985, 99 Stat. 121;
Pub. L. 103–199, title II, § 201(b)(2), Dec. 17, 1993, 107 Stat.
2321, set forth policy declarations with respect to the
Export Administration Act of 1979.
Section was formerly classified to section 2402 of the
former Appendix to this title prior to editorial reclassi-
fication and renumbering as this section.
A prior section 2402 of the former Appendix to this
title, Pub. L. 91–184, § 3, Dec. 30, 1969, 83 Stat. 841; Pub.
L. 92–412, title I, § 103, Aug. 29, 1972, 86 Stat. 644; Pub. L.
93–500, §§ 2, 4(b), (c), 11, Oct. 29, 1974, 88 Stat. 1552, 1553,
1556; Pub. L. 95–52, title I, § 115, title II, § 202, June 22,
1977, 91 Stat. 241, 247, set forth declaration of policy of
Congress with respect to the Export Administration
Act of 1969, prior to the expiration of Pub. L. 91–184 on
Sept. 30, 1979.
§ 4603. Repealed. Pub. L. 115–232, div. A, title
XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232
Section, Pub. L. 96–72, § 4, Sept. 29, 1979, 93 Stat. 505;
Pub. L. 99–64, title I, § 104, July 12, 1985, 99 Stat. 122;
Pub. L. 100–418, title II, §§ 2411, 2412, Aug. 23, 1988, 102
Stat. 1347; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24,
2016, 130 Stat. 210, set forth general provisions relating
to export licensing and controls.
Section was formerly classified to section 2403 of the
former Appendix to this title prior to editorial reclassi-
fication and renumbering as this section.
A prior section 2403 of the former Appendix to this
title, Pub. L. 91–184, § 4, Dec. 30, 1969, 83 Stat. 842; Pub.
L. 92–412, title I, § 104(a), (b)(1), Aug. 29, 1972, 86 Stat.
644, 645; Pub. L. 93–500, §§ 3(a), 5(a), 7, 9, 10, 12, Oct. 29,
1974, 88 Stat. 1552–1557; Pub. L. 95–52, title I, §§ 103(a),
(b)(1)–(3), (c), 104–110, 113(b), title II, § 201(b), June 22,
1977, 91 Stat. 235–239, 241, 246; Pub. L. 95–223, title III,
§ 301(a), (b)(1), Dec. 28, 1977, 91 Stat. 1629; Pub. L. 95–384.
§ 6(d)(2), Sept. 26, 1978, 92 Stat. 731; Pub. L. 95–435, § 5(d),
Oct. 10, 1978, 92 Stat. 1052; Pub. L. 96–67, § 2, Sept. 21,
1979, 93 Stat. 415, set forth provisions relating to au-
thorities to effectuate policies and limitations on exer-
cise of authorities, prior to the expiration of Pub. L.
91–184 on Sept. 30, 1979.
Executive Documents
EX. ORD. NO. 12002. ADMINISTRATION OF EXPORT
ADMINISTRATION ACT
Ex. Ord. No. 12002, July 7, 1977, 42 F.R. 35623, as
amended by Ex. Ord. No. 12755, Mar. 12, 1991, 56 F.R.
11057; Ex. Ord. No. 13286, § 54, Feb. 28, 2003, 68 F.R. 10629,
provided:
By virtue of the authority vested in me by the Con-
stitution and statutes of the United States of America,
including the Export Administration Act of 1969, as
amended ([former] 50 U.S.C. App. 2401, et seq.), and as
President of the United States of America, it is hereby
ordered as follows:
SECTION 1. Except as provided in Section 2, the power,
authority, and discretion conferred upon the President
by the provisions of the Export Administration Act of
1969, as amended ([former] 50 U.S.C. App. 2401, et seq.),
hereinafter referred to as the Act, are delegated to the
Secretary of Commerce, with the power of successive
redelegation.
SEC. 2. (a) The power, authority and discretion con-
ferred upon the President in Sections 4(h) and 4(l) of
the Act [former 50 U.S.C. App. 2403(h), (l)] are retained
by the President.
(b) The power, authority and discretion conferred
upon the President in Section 3(8) of the Act [former 50
U.S.C. App. 2402(8)], which directs that every reason-
able effort be made to secure the removal or reduction
of assistance by foreign countries to international ter-
rorists through cooperation and agreement, are dele-
gated to the Secretary of State, with the power of suc-
cessive redelegation.
SEC. 3. The Export Administration Review Board,
hereinafter referred to as the Board, which was estab-
lished by Executive Order No. 11533 of June 4, 1970, as
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Administrator.—** — The term “Administrator” means the Administrator of General Services.
(2) **Advisory committee.—**
(A) *In general.—* — The term “advisory committee” means a committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as “committee”) that is established or utilized to obtain advice or recommendations for the President or one or more agencies or officers of the Federal Government and that is—
(i) established by statute or reorganization plan;
(ii) established or utilized by the President; or
(iii) established or utilized by one or more agencies.
(B) *Exclusions.—* — The term “advisory committee” excludes—
(i) a committee that is composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government; and
(ii) a committee that is created by the National Academy of Sciences or the National Academy of Public Administration.
(3) **Agency.—** — The term “agency” has the meaning given the term in [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim).
(4) **Presidential advisory committee.—** — The term “Presidential advisory committee” means an advisory committee that advises the President.
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Federal law — U.S. Code and appendices · legal_authorities
§ 1001. Definitions
In this chapter:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of General
Services.
(2) ADVISORY COMMITTEE.—
(A) IN GENERAL.—The term ‘‘advisory com-
mittee’’ means a committee, board, commis-
sion, council, conference, panel, task force,
or other similar group, or any subcommittee
or other subgroup thereof (hereafter in this
paragraph referred to as ‘‘committee’’) that
is established or utilized to obtain advice or
recommendations for the President or one or
more agencies or officers of the Federal Gov-
ernment and that is—
(i) established by statute or reorganiza-
tion plan;
(ii) established or utilized by the Presi-
dent; or
(iii) established or utilized by one or
more agencies.
(B) EXCLUSIONS.—The term ‘‘advisory com-
mittee’’ excludes—
(i) a committee that is composed wholly
of full-time, or permanent part-time, offi-
cers or employees of the Federal Govern-
ment; and
Page 247
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 1002
(ii) a committee that is created by the
National Academy of Sciences or the Na-
tional Academy of Public Administration.
(3) AGENCY.—The term ‘‘agency’’ has the
meaning given the term in section 551 of this
title.
(4) PRESIDENTIAL ADVISORY COMMITTEE.—The
term
‘‘Presidential
advisory
committee’’
means an advisory committee that advises the
President.
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat.
4197.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1001 ............
5 U.S.C. App.
(FACA § 3)
Pub. L. 92–463, § 3, Oct. 6,
1972, 86 Stat. 770; Pub. L.
105–153, § 2(a), Dec. 17, 1997,
111 Stat. 2689.
[Although not mentioned in the explanation con-
tained in H. Rept. 117–193, in par. (1), ‘‘ ‘Administrator’
means th
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Under regulations prescribed pursuant to [section 5707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5707&num=0&edition=prelim), an employee, when traveling on official business away from the employee’s designated post of duty, or away from the employee’s home or regular place of business (if the employee is described in [section 5703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim)), is entitled to any one of the following:
(A) a per diem allowance at a rate not to exceed that established by the Administrator of General Services for travel within the continental United States, and by the President or his designee for travel outside the continental United States;
(B) reimbursement for the actual and necessary expenses of official travel not to exceed an amount established by the Administrator for travel within the continental United States or an amount established by the President or his designee for travel outside the continental United States; or
(C) a combination of payments described in subparagraphs (A) and (B) of this paragraph.
(2) Any per diem allowance or maximum amount of reimbursement shall be established, to the extent feasible, by locality. The Secretary of Defense shall not alter the amount of the per diem allowance, or the maximum amount of reimbursement, for a locality based on the duration of the travel in the locality of an employee of the Department.
(3) For travel consuming less than a full day, the payment prescribed by regulation shall be allocated in such manner as the Administrator may prescribe.
**(b)**
(1) Under regulations prescribed pursuant to [section 5707 of this title](https://uscode.house.gov/view.xhtm
Stored review status: release_metadata_unconfirmed. The source passage cites 5 U.S.C. § 5702. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 5702. Per diem; employees traveling on official
business
(a)(1) Under regulations prescribed pursuant to
section 5707 of this title, an employee, when
traveling on official business away from the em-
ployee’s designated post of duty, or away from
the employee’s home or regular place of business
(if the employee is described in section 5703 of
this title), is entitled to any one of the fol-
lowing:
(A) a per diem allowance at a rate not to ex-
ceed that established by the Administrator of
General Services for travel within the conti-
nental United States, and by the President or
his designee for travel outside the continental
United States;
(B) reimbursement for the actual and nec-
essary expenses of official travel not to exceed
an amount established by the Administrator
for travel within the continental United
States or an amount established by the Presi-
dent or his designee for travel outside the con-
tinental United States; or
(C) a combination of payments described in
subparagraphs (A) and (B) of this paragraph.
(2) Any per diem allowance or maximum
amount of reimbursement shall be established,
to the extent feasible, by locality. The Sec-
retary of Defense shall not alter the amount of
the per diem allowance, or the maximum
amount of reimbursement, for a locality based
on the duration of the travel in the locality of
an employee of the Department.
(3) For travel consuming less than a full day,
the payment prescribed by regulation shall be
allocated in such manner as the Administrator
may prescribe.
(b)(1) Under regulations prescribed pursuant to
section 5707 of this title, an employee who is de-
scribed in subsection (a) of this section and who
abandons the travel assignment prior to its
completion—
(A) because of an incapacitatin
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.
**(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.
Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 1701. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1701. Unusual and extraordinary threat; dec-
laration of national emergency; exercise of
Presidential authorities
(a) Any authority granted to the President by
section 1702 of this title may be exercised to deal
with any unusual and extraordinary threat,
which has its source in whole or substantial part
outside the United States, to the national secu-
rity, foreign policy, or economy of the United
States, if the President declares a national
emergency with respect to such threat.
(b) The authorities granted to the President
by section 1702 of this title may only be exer-
cised to deal with an unusual and extraordinary
threat with respect to which a national emer-
gency has been declared for purposes of this
chapter and may not be exercised for any other
purpose. Any exercise of such authorities to deal
with any new threat shall be based on a new dec-
laration of national emergency which must be
with respect to such threat.
(Pub. L. 95–223, title II, § 202, Dec. 28, 1977, 91
Stat. 1626.)
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2024 AMENDMENT
Pub. L. 118–50, div. O, § 1, Apr. 24, 2024, 138 Stat. 988,
provided that: ‘‘This division [enacting section 1710 of
this title, enacting provisions set out as notes under
this section, and amending provisions set out as a note
under this section] may be cited as the ‘Strengthening
Tools to Counter the Use of Human Shields Act’.’’
SHORT TITLE OF 2023 AMENDMENT
Pub. L. 117–336, § 1, Jan. 5, 2023, 136 Stat. 6147, provided
that: ‘‘This Act [enacting section 1709 of this title] may
be cited as the ‘Protecting American Intellectual Prop-
erty Act of 2022’.’’
SHORT TITLE OF 2021 AMENDMENT
Pub. L. 117–54, § 1(a), Nov. 10, 2021, 135 Stat. 413, pro-
vided that: ‘‘This Act [amending section 2277a o
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 96–72, § 2, Sept. 29, 1979, 93 Stat. 503; Pub. L. 99–64, title I, § 102, July 12, 1985, 99 Stat. 120; Pub. L. 103–199, title II, § 201(a), Dec. 17, 1993, 107 Stat. 2320, set forth Congressional findings with respect to the Export Administration Act of 1979.
Section was formerly classified to section 2401 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 2401 of the former Appendix to this title, Pub. L. 91–184, § 2, Dec. 30, 1969, 83 Stat. 841; Pub. L. 92–412, title I, § 102, Aug. 29, 1972, 86 Stat. 644; Pub. L. 93–500, § 4(a), Oct. 29, 1974, 88 Stat. 1553, set forth findings of Congress with respect to the Export Administration Act of 1969, prior to the expiration of Pub. L. 91–184 on Sept. 30, 1979.
#### Short Title of 1985 Amendment
Pub. L. 99–64, § 1, July 12, 1985, 99 Stat. 120, provided that: “Titles I and II of this Act [enacting sections 4051 to 4053 of Title 15, Commerce and Trade, [section 1864 of Title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1864&num=0&edition=prelim), Customs Duties, and [section 466c of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section466c&num=0&edition=prelim), Appendix, Shipping, amending this section and sections 4602 to 4606, 4609, 4610, 4614, 4615 to 4620, and 4622 of this title, sections 5314 and 5315 of Title 5, Government Organization and Employees, sections 2304 and 2778 of Title 22, Foreign Relations and Intercourse, and [section 185 of Title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section185&num=0&edition=prelim), Mineral Lands and Mining, and enacting provisions set out as notes under sections 4604, 4605, and
**(a) Determination by the President** The President, subject to subsection (c), shall apply sanctions under subsection (b) for a period of not less than 2 years and not more than 5 years, if the President determines that—
(1) a foreign person has violated any regulation issued by a country to control exports for national security purposes pursuant to the agreement of the group known as the Coordinating Committee, and
(2) such violation has resulted in substantial enhancement of Soviet and East bloc capabilities in submarine or antisubmarine warfare, ballistic or antiballistic missile technology, strategic aircraft, command, control, communications and intelligence, or other critical technologies as determined by the President, on the advice of the National Security Council, to represent a serious adverse impact on the strategic balance of forces.
The President shall notify the Congress of each action taken under this section. This section, except subsections (h) and (j), applies only to violations that occur after August 23, 1988.
**(b) Sanctions** The sanctions referred to in subsection (a) shall apply to the foreign person committing the violation, as well as to any parent, affiliate, subsidiary, and successor entity of the foreign person, and, except as provided in subsection (c), are as follows:
(1) a prohibition on contracting with, and procurement of products and services from, a sanctioned person, by any department, agency, or instrumentality of the United States Government, and
(2) a prohibition on importation into the United States of all products produced by a sanctioned person.
**(c) Exceptions** The President shall not apply sanctions under this section—
(1) in the case of procurement of defense articles or defense services—
(A) under existing con
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Federal law — U.S. Code and appendices · legal_authorities
§ 4611. Multilateral export control violations
(a) Determination by the President
The President, subject to subsection (c), shall
apply sanctions under subsection (b) for a period
of not less than 2 years and not more than 5
years, if the President determines that—
(1) a foreign person has violated any regula-
tion issued by a country to control exports for
national security purposes pursuant to the
agreement of the group known as the Coordi-
nating Committee, and
(2) such violation has resulted in substantial
enhancement of Soviet and East bloc capabili-
ties in submarine or antisubmarine warfare,
ballistic or antiballistic missile technology,
strategic aircraft, command, control, commu-
nications and intelligence, or other critical
technologies as determined by the President,
on the advice of the National Security Coun-
cil, to represent a serious adverse impact on
the strategic balance of forces.
The President shall notify the Congress of each
action taken under this section. This section,
except subsections (h) and (j), applies only to
violations that occur after August 23, 1988.
(b) Sanctions
The sanctions referred to in subsection (a)
shall apply to the foreign person committing the
violation, as well as to any parent, affiliate, sub-
sidiary, and successor entity of the foreign per-
son, and, except as provided in subsection (c),
are as follows:
(1) a prohibition on contracting with, and
procurement of products and services from, a
sanctioned person, by any department, agency,
or instrumentality of the United States Gov-
ernment, and
(2) a prohibition on importation into the
United States of all products produced by a
sanctioned person.
(c) Exceptions
The President shall not apply sanctions under
this section—
(1) in the case of p
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 4611. This identifies an authority to review, not proof of applicability.