[Congressional Record Volume 140, Number 83 (Monday, June 27, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 27, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
 EXTENDING THE EXPORT ADMINISTRATION ACT OF 1979 UNTIL AUGUST 20, 1994

  Mr. HAMILTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4635) to extend the Export Administration Act of 1979.
  The Clerk read as follows:

                               H.R. 4635

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That 
     section 20 of the Export Administration Act of 1979 (50 
     U.S.C. App. 2419) is amended by striking ``June 30, 1994'' 
     and inserting ``August 20, 1994''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Indiana [Mr. Hamilton] will be recognized for 20 minutes, and the 
gentleman from Nebraska [Mr. Bereuter] will be recognized for 20 
minutes.
  The Chair recognizes the gentleman from Indiana [Mr. Hamilton].
  Mr. HAMILTON. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. HAMILTON asked and was given permission to revise and extend his 
remarks.)
  Mr. HAMILTON. Mr. Speaker, the bill provides for a short-term 
extension of the Export Administration Act of 1979.
  The current act expires this week on June 30. The bill we are 
considering today extends current law until August 20, 1994. It makes 
no other changes in current law.
  On May 25 the Committee on Foreign Affairs reported H.R. 3937, the 
Omnibus Export Administration Act of 1994, which comprehensively 
reforms U.S. dual-use export controls.
  H.R. 3937 was sequentially referred to five House committees, all of 
which have completed their work on the bill. The bill's Senate 
counterpart was reported last week by the Committee on Banking, Finance 
and Urban Affairs.
  Because of the work we have been doing with other committees of 
jurisdiction and due to the press of business in the House prior to the 
July 4 district work period, we were not able to bring this 
comprehensive bill to the House floor this week as we has planned. I am 
told the other body has similar problems.
  For these reasons, we need to extend current law for a very brief 
period. We expect H.R. 3937 to be scheduled for floor action during the 
first week after the July 4 break. Senate action is expected at that 
time as well.
  We have made a lot of progress on H.R. 3937 in the last few months. 
Extending current law until August 20 should provide sufficient time 
for both Houses to complete consideration and a conference and to send 
the bill to the President.
  Mr. Speaker, I urge adoption of this extension.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BEREUTER. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. BEREUTER asked and was given permission to revise and extend his 
remarks.)
  Mr. BEREUTER. Mr. Speaker, I rise to support consideration of this 
interim, but very important, authorization for the Export 
Administration Act through August 20 of this year.
  The EAA is the principal law controlling the export of commodities 
and technology with both military and civilian uses. Under this act, 
the Department of Commerce has responsibility for the licensing of 
these dual use goods for export and shares responsibility with the U.S. 
Customs Service for enforcing controls over these items.
  Congress must act expeditiously to ensure that there is no lapse in 
the legal authorities of the Commerce Department for licensing 
decisions and enforcement actions in the courts.
  In the expectation that the House will very shortly consider the 
Omnibus Export Administration Act of 1994, overhauling our entire 
export control system, this short-term extender is intended to give 
sufficient time for Congress to act on this comprehensive export 
control legislation.
  This Member commends the gentleman from Connecticut [Mr. Gejdenson], 
the distinguished chairman of the House Foreign Affairs Trade and 
Environment Subcommittee, and the gentleman from Wisconsin [Mr. Roth], 
the subcommittee's ranking member. Last week, the House Foreign Affairs 
Committee considered this legislation and sent it before the House 
without change.
  Mr. Speaker, this legislation does not--in any way--amend the Export 
Administration Act of 1979 except to extend its authority for 51 days. 
It is important to note that the House Foreign Affairs Committee has 
been steadfastly working on significant and controversial legislation 
to reform our outdated export control laws; however, that work is not 
completely done. Therefore, it is extremely important that the 
authority to administer our export control laws does not lapse during 
our consideration of the more significant reform legislation.
  Mr. Speaker, by extending the Export Administration Act for only 51 
days, we accomplish two important tasks:
  First, we maintain our authority to administer the export control 
laws of the United States.
  In the past, Mr. Speaker, we have failed to extend the Export 
Administration Act and our Presidents have been forced to administer 
our export control system by Executive order and under the authority of 
the International Emergency Economic Powers Act [IEEPA].
  Unfortunately, however, this residual authority has proven woefully 
inadequate and legal challenges to the use of emergency authority have 
seriously jeopardized the President's ability to effectively administer 
these export control laws.
  Mr. Speaker, the seriousness of this potential problem cannot be 
overstated. If the legal challenges to the President's emergency 
authority are upheld, the U.S. Government would not be able to enforce 
its export control laws and proliferators could violate them without 
penalty. Most importantly, Mr. Speaker, countries like North Korea, 
Iran, and Libya could obtain extremely sensitive technology from United 
States exporters and the Federal Government would be without recourse.
  Additionally, Mr. Speaker, even if the President's emergency 
authority were upheld, significant differences exist between the 
preferred Export Administration Act and the President's emergency 
authority under IEEPA. For example, emergency authority severely limits 
civil and criminal penalties for those found in violation of U.S. 
export control laws, and the investigative powers of the Department of 
Commerce's special agents are eroded. Finally, and most importantly, 
the confidentiality of information received from U.S. businesses who 
are cooperating with the U.S. Government on export control laws is 
endangered by the lapsing of section 112(c) of the Export 
Administration Act.
  Mr. Speaker, this simple extension of the Export Administration Act 
performs yet a second valuable function. By limiting the extension to 
51 days, this legislation provides a deadline and therefore an 
incentive for Congress to pass significant export control law reform 
legislation.
  Mr. Speaker, in March of this year, Cocom, the international agency 
which coordinates national export control laws, disintegrated and its 
member countries resorted to policies of national discretion for 
approving export licenses for sensitive technologies. Meanwhile, the 
United States' outdated export control laws are estimated to cost U.S. 
businesses $20 billion annually while disproportionately penalizing our 
Nation's most promising high-technology goods and service exports.
  Clearly, Mr. Speaker, with the demise of Cocom and the United States 
woefully outdated export control system, we must reach the fundamental 
conclusion that the United States cannot afford to attempt to 
unilaterally restrict exports that it cannot control.
  Consequently, this Member is hopeful that by extending the Export 
Administration Act of 1979 for another 51 days, we can then pass 
appropriately reformed export control legislation.
  In the meantime, Mr. Speaker, it would be irresponsible for Congress 
to force the President to administer the U.S. export control laws under 
questionable authority. This Member urges his colleagues to suspend the 
rules and pass H.R. 4635. This legislation is necessary to ensure that 
U.S. export control laws are enforced while maintaining a short 
deadline and incentive for Congress to pass significant and carefully 
crafted export control law reform legislation soon.
  Mr. ROTH. Mr. Speaker, as the ranking Republican member of the 
Subcommittee on Economic Policy, Trade and Environment of the Foreign 
Affairs Committee, I support enactment of H.R. 4635. This bill will 
provide a temporary continuation of the current Export Administration 
Act through August 20.
  This temporary measure should provide enough time for us to complete 
work on pending legislation to rewrite the Export Administration Act. 
The Foreign Affairs Committee has reported to the House a comprehensive 
revision of this statute. Several other committees have considered our 
bill and have reported to the House as well. The House is expected to 
debate and vote on our bill soon after we return from the upcoming July 
Fourth District Work Period.
  The Foreign Affairs Committee's bill incorporates my reform 
legislation, H.R. 3412, which I introduced last autumn. It is supported 
by a national coalition of some 150 high-technology companies, the 
cream of America's cutting edge industries. Needless to say, I support 
the committee's reported bill and I anticipate that the House will vote 
to approve it.
  In the other body, similar legislation has been reported by the 
Banking Committee and is ready for debate and votes.
  Therefore, Members should be assured that, with the cooperation of 
the other body, we are in a position to complete work on revising the 
act by August 20, under the terms of this temporary extension.
  In the interim, we must continue the current law in effect. While we 
do need a complete revision of this outdated statute, we must not allow 
any lapse in the authority of the executive branch to enforce our 
Nation's exports controls. There is no other legally sound statutory 
authority to fall back on during this interim period. The International 
Emergency Economic Powers Act does not clearly provide the authority to 
enforce the full scope of the Export Administration Act.
  Therefore, I urge my colleagues to join me in supporting this 
temporary measure, and to join me in a few weeks in voting for a 
comprehensive revision of the Export Administration Act when we bring 
our bill to the House.
  Mr. Speaker I have no further requests for time, and I yield back the 
balance of my time.
  Mr. HAMILTON. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Indiana [Mr. Hamilton] that the House suspend the rules 
and pass the bill, H.R. 4635.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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