When the Export Administration Act expired in 1994, the president signed executive order 12923 keeping export controls in force via the International Emergency Economic Powers Act (IEEPA). On Oct. 30 of this year, the House of Representatives approved by voice vote H.R. 5239 ("The Export Administration Act") which would reauthorize the elapsed EAA through August 20, 2001. The Senate approved the bill on Oct. 11, and the White House, having previously announced its support of the bill, is sure to sign it. Below are a few comments from page H11575 of the Congressional Record (Oct. 30). Note the commentary on the necessity of "protecting the government" against "legal challenges" which can only be references to Bernstein... [See http://thomas.loc.gov/cgi-bin/query/R?r106:FLD001:H61575] ---Begin Congressional Record Quote--- Mr. BEREUTER: ... 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. LEE: ... 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. ... 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. ---End Congressional Record Quote--- Noticeably absent from H.R. 5239 are the measures approved last fall by the Senate Banking Committee in S. 1712, including "the possibility to eliminate restrictions on overseas sales of high technology products that have already become widely available in the United States or abroad." H.R. 5239 *seriously* ups the penalties for export control violations. Under the new EAA, each "knowing" violation of U.S. rules by a company would result in a $500k fine or five times the value of the exports involved, whichever is greater. Each violation by an individual would result in a $250k fine or five times the value of the exports, imprisonment for up to five years, or some combination of the above. What bearing this will have on export of interest to cypherpunks, I do not know, but the apparent strong urge of Congress to up penalties does not fill me with joy.