Export Administration Act of 2001: Side-by-Side of S. 149 and H.R. 2581

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.