Export Administration Act of 2001
Latest action · Sep 10, 2001 Held at the desk.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedJan 23, 2001
- Passed SenateSep 6, 2001
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
(Sec. 103) Requires the Secretary to keep the public fully informed of changes in export control policy and procedures instituted under this Act, and to consult regularly with representatives of a broad spectrum of enterprises and citizens interested in or affected by such controls in order to obtain their views on U.S. export control policy and the foreign availability or mass-market status of controlled items.
(Sec. 105) Authorizes the Secretary, in specified circumstances, to appoint export control advisory committees with respect to items controlled under this Act. Sets forth the functions of such committees, including advising the Secretary, and any other appropriate department, agency, or Government official, on actions (including all aspects of controls imposed or proposed) designed to carry out this Act with respect to such items.
(Sec. 106) Authorizes the President to establish a President's Technology Export Council to advise him on the implementation, operation, and effectiveness of this Act.
(Sec. 107) Prohibits the charging of a fee for the processing of an application for an export license issued under this Act.
Title II: National Security Export Controls - Subtitle A: Authority and Procedures - Authorizes the President to prohibit, curtail, or require a license, or other authorization for the export of an item subject to the national security export control regimes under this Act. Sets forth the purposes of such controls, including restriction on the export of items (including weapons of mass destruction) that would contribute to the military potential of countries so as to be detrimental to the national security of the United States.
(Sec. 202) Requires the Secretary to establish as part of the Commerce Control List a National Security Control List (NSCL) composed of items controlled for national security reasons. Requires the President to establish a country tiering system of at least three tiers, with countries representing the lowest risk of diversion or misuse of an item on the NSCL assigned the lowest tier, and countries representing the highest risk for such diversion or misuse of such item assigned to the highest tier.
Subtitle B: Foreign Availability and Mass-Market Status - Requires the Secretary (on a continuing basis, upon a request from the Office of Technology Evaluation, or upon receipt of a petition filed by an interested party) to review and determine the foreign availability and the mass-market status of any item for export control under this Act. Authorizes the President to set-aside the Secretary's foreign availability and mass-market status determinations, provided certain criteria are met. Requires the President to take specified action in cases in which export controls are maintained on an item because of a set-aside determination. Establishes the Office of Technology Evaluation which shall be responsible for gathering, coordinating, and analyzing information for the Secretary to make such determinations. Requires the Secretary to include in a certain annual report to specified congressional committees information on: (1) Office operations; and (2) improvements in the Government's ability to assess foreign availability and mass-market status, including information on the training of personnel and the use of Commercial Service Officers of the U.S. and Foreign Commercial Service to assist in making such determinations.
Title III: Foreign Policy Export Controls - Authorizes the President, subject to specified exceptions, to prohibit, curtail, or require a license, other authorization, recordkeeping, or reporting for the export of an item subject to the foreign policy export control regimes under this Act. Requires the President to report to specified congressional committees before imposing a foreign policy export control. Provides for review, renewal, and termination of such controls.
(Sec. 310) Requires a license for the export to a terrorist-supporting country of any item that could make a significant contribution to the country's military potential, or could enhance its ability to support acts of international terrorism. Requires the Secretary and the Secretary of State to notify specified congressional committees at least 30 days before issuing such a license.
(Sec. 311) Authorizes the export of crime control and detection instruments and equipment through an export license approved by the Secretary, in order to promote respect for human rights. Requires the Secretary to report to Congress on the aggregate number of licenses approved during the preceding calendar year for the export of specified crime control equipment, including the country to which such equipment was exported to.
Title IV: Procedures for Export Licenses and Interagency Dispute Resolution - Sets forth procedures for the processing of export license applications, including their screening, referral, approval or denial, and review. Establishes an interagency dispute resolution process to review all export license applications with respect to which the Secretary and any referral agencies are not in agreement.
Title V: International Arrangements; Foreign Boycotts; Sanctions; and Enforcement - Declares it is U.S. policy to seek multilateral arrangements, and to continue to participate in existing and additional multilateral export control regimes, that: (1) support U.S. national security interests; and (2) establish fairer and more predictable competitive opportunities for U.S. exporters. Requires the President to report annually to specified congressional committees on the effectiveness of each multilateral export control regime, including an assessment of certain standards for such regimes and for national export control systems.
(Sec. 501) Requires the President to achieve specified objectives with respect to multilateral export control regimes, including: (1) strengthening existing regimes; (2) review and update multilateral regime export control lists; and (3) encourage compliance by nonmembers to such regimes.
(Sec. 502) Directs the President to issue regulations that prohibit, with specified exceptions, U.S. persons from supporting any boycott imposed by a foreign country against a country friendly to the United States that is not itself the object of a U.S. boycott. Sets forth both civil and criminal penalties for violations of this Act.
(Sec. 504) Provides, with specified exceptions, for the imposition of certain sanctions against U.S. and foreign persons who violate a missile proliferation control regime, or contribute to the efforts of a country to develop or acquire chemical and biological weapons. Authorizes the President to waive the imposition of such sanctions upon certifying specified facts to Congress.
(Sec. 506) Sets forth enforcement and administrative provisions with respect to this Act. Authorizes appropriations for the Department of Commerce to: (1) hire 20 additional employees to assist U.S. freight forwarders and other interested parties in developing and implementing, on a voluntary basis, a "best practices" program to ensure that controlled exports are in compliance with this Act; (2) hire ten additional overseas investigators to be posted in the People's Republic of China, the Russian Federation, the Hong Kong Special Administrative Region, the Republic of India, Singapore, Egypt, and Taiwan, or any other place the Secretary deems appropriate, for the purpose of verifying the end use of high-risk, dual-use technology (including items controlled under this Act); (3) plan, design, and procure a computer system to replace the Department's primary export licensing and computer enforcement system; (4) hire and train additional license review officers, as well as train auditors and investigators conducting post-shipment verification checks; and (5) be used for compliance and enforcement activities for FY 2002 through 2005, plus additional amounts for increases in salary, pay, retirement, other employee benefits, and other nondiscretionary costs.
Title VI: Export Control Authority and Regulations - Declares that all export control authority (unless otherwise reserved to the President or another U.S. department or agency) conferred by this Act shall be exercised by the Secretary. Authorizes the President and the Secretary to issue regulations necessary to carry out this Act.
(Sec. 602) Exempts specified confidential information from disclosure requirements. Prescribes civil and criminal penalties for unauthorized disclosure of such information.
(Sec. 603) Declares that nothing in this Act authorizes the exercise of authority contrary to the provisions of the Trade Sanctions Reform and Export Enhancement Act of 2000 (Public Law 106-387) with respect to exports of agricultural commodities, medicine, or medical devices. Declares that title II of this Act does not authorize export controls on food, nor title III export controls on agricultural commodities, medicine, or medical devices unless certain procedures are complied with.
Title VII: Miscellaneous Provisions - Requires the Secretary to report annually to Congress on the administration of this Act.
(Sec. 702) Repeals specified Federal laws to make technical and conforming amendments.
Subjects certain civil aircraft equipment to export control under this Act. Declares that the Secretary may authorize, on a case-by-case basis, the export and reexport of civil aircraft equipment and technology that are necessary for compliance with flight safety requirements for commercial passenger aircraft.
Recorded votes 1
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| Senate 275 | On Passage of the Bill S. 149 | Bill Passed85–14 | Sep 6, 2001 |
Cosponsors 14
Members who signed on, in the order they did. Signatures ran from Jan 23, 2001 to Apr 30, 2001, with 6 there on the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-NE | Chuck Hagel | Original | Jan 23, 2001 |
| D-MI | Debbie Stabenow | Original | Jan 23, 2001 |
| R-KS | Pat Roberts | Original | Jan 23, 2001 |
| D-MD | Paul S. Sarbanes | Original | Jan 23, 2001 |
| D-TX | Phil Gramm | Original | Jan 23, 2001 |
| D-SD | Tim Johnson | Original | Jan 23, 2001 |
| D-IN | Evan Bayh | Feb 13, 2001 | |
| D-NV | Harry Reid | Feb 14, 2001 | |
| R-UT | Robert F. Bennett | Feb 14, 2001 | |
| D-WA | Maria Cantwell | Feb 28, 2001 | |
| R-KY | Jim Bunning | Mar 13, 2001 | |
| R-ID | Mike Crapo | Mar 20, 2001 | |
| R-VA | George Allen | Apr 3, 2001 | |
| D-NM | Jeff Bingaman | Apr 30, 2001 |
Actions 19
Everything that happened, newest first.
- Sep 10, 2001Held at the desk.
- Sep 10, 2001Message on Senate action sent to the House.
- Sep 10, 2001Received in the House.
- Sep 6, 2001Considered by Senate. (consideration: CR 91300-9146, S9160-9181)
- Sep 6, 2001Passed Senate with an amendment by Yea-Nay Vote. 85 - 14. Record Vote Number: 275. (text as passed Senate: CR S9163-9180)
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 2581 | Export Administration Act of 2001 | Related bill | Mar 8, 2002 |
Subjects
Assigned by the Library of Congress. Policy area: Foreign Trade and International Finance.
- Administrative fees
- Administrative procedure
- Administrative remedies
- Advice and consent of the Senate
- Agriculture and Food
- Agriculture in foreign trade
- Airline passenger traffic
- Americans employed in foreign countries
- Armed Forces and National Security
- Arms sales
- Auditing
- Aviation safety
- Ballistic missiles
- Biological warfare
- Biological weapons
- Business records
- Chemical warfare
- Chemical weapons
- China
- Citizen participation
- Civil Rights and Liberties, Minority Issues
- Commerce
- Commercial aircraft
- Commercial blacklisting
- Computers
- Computers and government
- Confidential communications
- Congress
- Congress and foreign policy
- Congressional investigations
- Congressional oversight
- Congressional reporting requirements
- Crime and Law Enforcement
- Defense industries
- Delegation of powers
- Department of Commerce
- East Asia
- EBB Terrorism
- Economic impact statements
- Economics and Public Finance
- Egypt
- Employee training
- Equipment and supplies
- Executive Office of the President
- Executive reorganization
- Export controls
- Federal advisory bodies
- Federal employees
- Federal officials
- Fees
- Finance and Financial Sector
- Fines (Penalties)
- Foreign service
- Foreign Trade and International Finance
- Free trade
- Freedom of information
- Freight forwarders
- Government and business
- Government Operations and Politics
- Government paperwork
- Government procurement
- Government publicity
- Governmental investigations
- Guided missiles
- Health
- Hong Kong
- India
- Information leaking
- International Affairs
- Internet
- Judicial review of administrative acts
- Labor and Employment
- Law
- Licenses
- Medical supplies
- Middle East and North Africa
- Misconduct in office
- Nuclear nonproliferation
- Presidential appointments
- Recruiting of employees
- Regulatory impact statements
- Russia
- Sanctions (International law)
- Science, Technology, Communications
- Singapore
- South Asia
- State-sponsored terrorism
- Taiwan
- Technology assessment
- Technology transfer
- Terrorism
- Trade agreements
- Trade negotiations
- Transportation and Public Works
- Weapons of mass destruction
- Web sites
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.