On January 22, 2019, the Federal Register published Presidential Memorandum of January 15, 2019 – Delegation of Authorities and Responsibilities Under Section 1763 of the National Defense Authorization Act for Fiscal Year 2019, which delegates to the Secretary of Commerce (in coordination with executive departments and agencies through the National Security Presidential Memorandum–4 process), the functions and authorities vested in the President by section 1763 of the National Defense Authorization Act for Fiscal Year 2019 (NDAA 2019; Public Law 115–232).
Section 1763, which is part of the Export Controls Act of 2018 (part I of the NDAA 2019), provides that:
SEC. 1763 REVIEW OF INTERAGENCY DISPUTE RESOLUTION PROCESS
(a) IN GENERAL.—The President shall review and evaluate the interagency export license referral, review, and escalation processes for dual-use items and munitions 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 the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that contains the results of the review carried out under subsection (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, 1991; relating to Administration of Export Controls) is meeting to conduct an interagency dispute resolution relating to applications for export licenses under the Export Administration Regulations, matters relating to jet engine hot section technology, commercial communication satellites, and emerging or foundational technology may be decided by majority vote.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the term “appropriate congressional 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.
