Export Administration Act of 2001: Side-by-Side of S. 149 and H.R. 2541 (CRS Report for Congress)
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| Release Date |
April 30, 2002 |
| Report Number |
RL31398 |
| Report Type |
Report |
| Authors |
Ian F. Fergusson, Foreign Affairs, Defense, and Trade Division |
| Source Agency |
Congressional Research Service |
Summary:
This report compares the major provisions of the Export Administration Act of 2001 (EAA);
S. 149 as passed by the Senate, H.R. 2581 as amended by the House
International Relations Committee, and H.R. 2581 as further amended by the House
Armed Services Committee. These bills reauthorize and revamp the primary authority for controlling
exports and technologies for reasons of foreign policy and national security. The Export
Administration Act of 2001 was introduced in the Senate as S. 149 on January 23, 2001,
by Senator Michael P. Enzi. The bill was reported out by the Senate Banking, Housing, and Urban
Affairs Committee on March 22, 2001 by a vote of 19-1. After 3 days of debate, the Senate passed
the measure, incorporating three amendments, on September 6, 2001. One House version of EAA
( H.R. 2581 ), substantially similar to S. 149 , was introduced by Rep.
Benjamin Gilman on July 20, 2001. It was approved by the House International Relations
Committee(HIRC) on August 1 by a vote of 26-7 with 35 amendments, thus significantly altering
the measure. In addition, the House Permanent Select Committee on Intelligence and the House
Armed Services Committee (HASC) have held hearings on H.R. 2581 . The HASC
marked-up and reported out the legislation with further amendments on March 6, 2002 by a vote of
44-6.
The Senate and the HASC versions of EAA contain seven titles; the HIRC version contains
eight. Title I vests the authority to license exports with the Secretary of Commerce and provides for
the establishment of the Commerce Control List. Title II provides for controls based on national
security purposes. It authorizes the establishment of a National Security Control List. This title also
authorizes the decontrol of certain items due to foreign availability or items categorized as having
mass market status. Title III authorizes foreign policy based export controls, including controls to
deter international terrorism. Title IV provides a review mechanism for disputed license applications.
Title V authorizes U.S. participation in multilateral export control regimes and details penalties for
export control violations. Title VI authorizes the establishment of an Under Secretary for Export
Administration to carry out functions of the Act. This title also protects the confidentiality of license
applications. Title VII in the HIRC version transfers licensing authority over commercial
communications satellites from the Department of State to the Department of Commerce. Title VII
of the Senate and HASC versions (Title VIII in the HIRC version) mandates the submission of an
annual report to Congress and also contains several conforming amendments, including those
repealing provisions related to the control of high performance computers.
This report compares the three pieces of legislation by title, highlighting significant differences.
Section descriptors span all three columns and provide background where necessary. Sections added
in one version without comparable provision in the other are summarized. In cases in which
committee action amended the wording of existing sections, the legislative language is directly
cited.
