[Congressional Record Volume 146, Number 140 (Monday, October 30, 2000)]
[Senate]
[Page S11365]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      THE EXPORT ADMINISTRATION MODIFICATION AND CLARIFICATION ACT

  Mr. GRAMM. Mr. President, as the Chairman of the Senate Committee on 
Banking, Housing, and Urban Affairs, I wanted to take a moment to 
discuss H.R. 5239, the Export Administration Modification and 
Clarification Act. The Senate approved H.R. 5239 with a substitute 
amendment on October 11, and the House took up and passed the bill, as 
amended, earlier this afternoon.
  Since 1994 our export control system has been maintained under a 
regulatory framework pursuant to the International Emergency Economic 
Powers Act based on the provisions of the Export Administration Act of 
1979. The Bureau of Export Administration (BXA), which administers our 
export controls, recently has faced court challenges regarding the 
integrity of that framework. Specifically, the courts have questioned 
BXA's authority--known as 12(c) authority--to maintain the 
confidentiality of sensitive information submitted by industry pursuant 
to our export control rules.
  While comprehensive review and updating of the Export Administration 
Act will be early on the agenda of the Senate Banking Committee next 
year, we are undertaking a simple extension of the 1979 Act at this 
time to set the stage for that review. It is important to note, 
however, that replacing the 1994 expiration date with a 2001 expiration 
date will make clear that BXA's authority to apply the 12(c) 
confidentiality provision of the 1979 act is to be considered as 
covering any information regarding license applications obtained during 
that time period, as if there had been no interruption of authority.

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