[Congressional Record Volume 146, Number 140 (Monday, October 30, 2000)]
[House]
[Pages H11575-H11576]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    EXPORT ADMINISTRATION MODIFICATION AND CLARIFICATION ACT OF 2000

  Mr. BEREUTER. Mr. Speaker, I move to suspend the rules and concur in 
the Senate amendment to the bill (H.R. 5239) to provide for increased 
penalties for violations of the Export Administration Act of 1979, and 
for other purposes.
  The Clerk read as follows:

       Senate amendment:
       Strike out all after the enacting clause and insert:
       Section 20 of the Export Administration Act of 1979 (50 
     U.S.C. App. 2419) is amended by striking ``August 20, 1994'' 
     and inserting in lieu thereof ``August 20, 2001''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nebraska (Mr. Bereuter) and the gentlewoman from California (Ms. Lee) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Nebraska (Mr. Bereuter).


                             General Leave

  Mr. BEREUTER. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on H.R. 5239.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nebraska?
  There was no objection.
  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, this Member rises in support of H.R. 5239, 
the Export Administration Modification and Clarification Act of 2000, 
which provides for a short-term extension of the Export Administration 
Act, EAA, through August 20, 2001.
  For the past 6 years, the provisions of the EAA have been kept in 
force through the provisions of the International Emergency Economic 
Powers Act, known as IEEPA. When the EAA lapsed in 1994, the President 
kept the export administration regulations in force by Executive Order 
under emergency authority under IEEPA, as has been done in the past.
  Enactment of this measure is intended to reauthorize the existing EAA 
for a short period of time, thereby permitting the Congress to fashion 
a comprehensive rewrite of this 21-year-old statute.

                              {time}  1445

  The EAA currently establishes export licensing policy for items 
detailed on the Commerce Control list. The list provides specifications 
for close to 2,400 dual-use items, including equipment and software 
likely to require some type of license.
  Mr. Speaker, this Member would point out to his colleagues that the 
other body has modified the text of the bill which originated in this 
Chamber since the lapse of the Export Administration Act in August of 
1994, would have retroactively provided the Department of Commerce with 
authority to keep licensing information confidential under provisions 
of section 12(c) of that act.
  Under the provisions of this measure, the Department of Commerce will 
be able to protect licensing information from the date of enactment 
through August 20, 2001. It also provides for higher fines for criminal 
and/or administrative sanctions against the individuals or companies 
found to be in violation of export control regulation.
  This Member would further point out to his colleagues that while the 
original text of this Chamber's bill had included even higher fines, 
the measure before this body today will still provide higher fines than 
those currently authorized under IEEPA.
  In short, this measure provides a much-needed stopgap authority for 
export control officials at the Commerce Department.
  Mr. Speaker, these are good reasons in this Member's judgment why 
this measure deserves the support of our colleagues. Therefore, this 
Member urges adoption of H.R. 5239.
  Mr. Speaker, I reserve the balance of my time.
  Ms. LEE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of this bill. The Export 
Administration Act has been the principal authority for the regulation 
in the export of dual-use items from the United States. When this bill 
lapsed in August of 1994,

[[Page H11576]]

the President invoked the International Emergency Economic Powers Act, 
and other authorities, to continue the export control system, including 
the Export Administration Regulations.
  Now, there has been a recent court ruling that calls into question 
whether or not the government can essentially hide behind emergency 
powers to revive an expired law. Specifically, the case calls into 
question the Commerce Department's ability to keep sensitive export 
information provided by exporters from public disclosure using the 
confidentiality provision.
  We have got to pass this law to make sure that they can keep the 
information confidential so that the exporters will fully use the 
Commerce Department's assistance in exporting our products. We really 
do have a record trade imbalance. We need to export more. Exporting 
American products creates jobs for American workers.
  We need to pass this law as an important part of making sure that the 
Commerce Department is there to provide as much assistance as possible 
in moving products overseas.
  While we would have preferred the House-passed version, the Senate 
amendment we are taking up today does address this problem. It 
reauthorizes the Export Administration Act until October 20, 2001. By 
doing so, it will ensure that the Department of Commerce will be able 
to rely on the Export Administration Act to protect the confidentiality 
of the relevant documents received since 1994, as well as the documents 
that the Commerce Department receives between now and August 20 of next 
year.
  Mr. Speaker, for that reason we fully concur that this bill should be 
passed. I urge my colleagues to support H.R. 5239.
  Ms. ROS-LEHTINEN. Mr. Speaker, I rise in support of this legislation 
which serves to re-authorize the Export Administration Act and extend 
its authority over the regulation of exports of dual-use items.
  This bill underscores the confidentiality provisions of the EAA and 
thus helps to ensure the Commerce Department's ability to keep 
sensitive export information confidential. For over six years, the U.S. 
has been operating under International Emergency Economic Powers Act 
rendering itself vulnerable to legal challenges. This bill helps to 
protects the government against these legal challenges.
  Unfortunately, the legislation before us does not provide changes to 
our system of export controls--changes needed to address current global 
realities. However, it does serve to underscore the importance of the 
EAA and the need to have an efficient framework for the administration 
of export controls.
  Throughout the last few years, the Subcommittee on International 
Economic Policy and Trade, which I chair, has held numerous sessions to 
investigate the areas of EAA which need reforming or re-writing. We 
have evaluated legislation and have approved smaller efforts to correct 
flaws in the current export control process.
  However, more progress needs to be made if we are to bring the EAA 
out of the Cold War and into the present.
  I hope this bill will serve as the foundation for failure legislative 
action by both Chambers toward the realization of this important goal.
  Mr. GILMAN. Mr. Speaker, I rise in support of H.R. 5239, the ``Export 
Administration Modification and Clarification Act of 2000'' which 
provides for a simple extension of the Export Administration Act though 
August 20, 2001. For the past six years, its authorities have been kept 
in force through the provisions of the International Emergency Economic 
Powers Act.
  Enactment of this measure is intended to reauthorize the existing EAA 
for a short period of time thereby permitting the Congress to fashion a 
comprehensive rewrite of this 21 year old statute.
  I would point out, however, that the Senate has modified the text of 
the House bill which, since the lapse of the Export Administration Act 
in August of 1994, would have retroactively provided the Department of 
Commerce with authority to keep licensing information confidential 
under the provisions of Section 12(c) of that Act.
  By adopting the Senate version of this legislation, the Congress is 
leaving to the courts the question whether, or to what extent, the 
provisions of the Export Administration Act of 1979 were extended by 
authorities granted under IEPPA after the expiration of the EAA in 
1994.
  We can say, however, with certainty that under the provisions of this 
measure, the Department of Commerce will be able to protect licensing 
information from the date of enactment through August 20, 2001.
  It also provides for higher fines for criminal and or administrative 
sanctions against individuals or companies found to be in violation of 
export control regulations.
  And I further point out to my colleagues that while the original text 
of the House bill had included even higher fines, the measure before 
the House today will still provide higher fines that those currently 
authorized under IEEPA.
  In short, this measure provides a much needed stop-gap authority for 
our export control officials at the Commerce Department.
  These are, I believe, good reasons why this measure deserves the 
support of all of my colleagues.
  Ms. LEE. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. BEREUTER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Barrett of Nebraska). The question is on 
the motion offered by the gentleman from Nebraska (Mr. Bereuter) that 
the House suspend the rules and concur in the Senate amendment to H.R. 
5239.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendment was 
concurred in.
  A motion to reconsider was laid on the table.

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