222
(33) Section 721(f)(4)(A) of the Defense Produc-
tion Act of 1950 (50 U.S.C. App. 2170(f)(4)(A)) is
amended—
(A) in clause (i), by striking ‘‘6(j) of the
Export Administration Act of 1979’’ and insert-
ing ‘‘310 of the Export Administration Act of
2001’’;
(B) in clause (ii), by striking ‘‘section 6(l)
of the Export Administration Act of 1979’’ and
inserting ‘‘the Export Administration Act of
2001’’; and
(C) in clause (iii), by striking ‘‘section 6(m)
of the Export Administration Act of 1979’’ and
inserting ‘‘the Export Administration Act of
2001’’.
(34) Section 275 of the National Defense Author-
ization Act for Fiscal Years 1988 and 1989 (15
U.S.C. 4605) is amended by striking ‘‘1979 (50
U.S.C. App. 2401 et seq.)’’ and inserting ‘‘2001’’.
(35) Section 1605(a)(7)(A) of title 28, United
States Code, is amended by striking ‘‘section 6(j) of
the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j))’’ and inserting ‘‘section 310 of the Ex-
port Administration Act of 2001’’.
223
(36) Section 1621(a) of the International Finan-
cial Institutions Act (22 U.S.C. 262p–4q(a)) is
amended by striking ‘‘section 6(j) of the Export Ad-
ministration Act of 1979 (50 U.S.C. App. 2405(j))’’
and inserting ‘‘section 310 of the Export Administra-
tion Act of 2001’’.
(37) Subsection (f) of section 491 and section
499 of the Forest Resources Conservation and Short-
age Relief Act of 1990 (16 U.S.C. 620c(f) and 620j)
are repealed.
(38) Section 904(2)(B) of the Trade Sanctions
Reform and Export Enhancement Act of 2000 (22
U.S.C. 7203) is amended by striking ‘‘Export Admin-
istration Act of 1979’’ and inserting ‘‘Export Admin-
istration Act of 2001’’.
(39) Section 983(i)(2) of title 18, United States
Code (as added by Public Law 106–185), is
amended—
(A) by striking the ‘‘or’’ at the end of sub-
paragraph (D);
(B) by striking the period at the end of sub-
paragraph (E) and inserting ‘‘; or’’; and
(C) by inserting after subparagraph (E) the
following new subparagraph:
224
‘‘(F) the Export Administration Act of
2001.’’.
(j) CIVIL AIRCRAFT EQUIPMENT.—Notwithstanding
any other provision of law, any product that—
(1) is standard equipment, certified by the Fed-
eral Aviation Administration, in civil aircraft, and
(2) is an integral part of such aircraft, shall be
subject to export control only under this Act. Such
product shall not be subject to controls under section
38(b)(2) of the Arms Export Control Act (22 U.S.C.
2778(b)).
(k) REPEAL OF CERTAIN EXPORT CONTROLS.—Sub-
title B of title XII of division A of the National Defense
Authorization Act for Fiscal Year 1998 (50 U.S.C. App.
2404 note) is repealed.
SEC. 808 708. SAVINGS PROVISIONS.
(a) IN GENERAL.—All delegations, rules, regulations,
orders, determinations, licenses, or other forms of adminis-
trative action which have been made, issued, conducted, or
allowed to become effective under—
(1) the Export Control Act of 1949, the Export
Administration Act of 1969, the Export Administra-
tion Act of 1979, or the International Emergency
Economic Powers Act when invoked to maintain and
continue the Export Administration regulations, or
225
(2) those provisions of the Arms Export Control
Act which are amended by section 702,
and are in effect on the date of enactment of this Act, shall
continue in effect according to their terms until modified,
superseded, set aside, or revoked under this Act or the Arms
Export Control Act.
(b) ADMINISTRATIVE AND JUDICIAL PROCEEDINGS.—
(1) EXPORT
ADMINISTRATION
ACT.—This Act
shall not affect any administrative or judicial pro-
ceedings commenced or any application for a license
made, under the Export Administration Act of 1979
or pursuant to Executive Order 12924, which is pend-
ing at the time this Act takes effect. Any such pro-
ceedings, and any action on such application, shall
continue under the Export Administration Act of
1979 as if that Act had not been repealed.
(2) OTHER PROVISIONS OF LAW.—This Act shall
not affect any administrative or judicial proceeding
commenced or any application for a license made,
under those provisions of the Arms Export Control
Act which are amended by section 702, if such pro-
ceeding or application is pending at the time this Act
takes effect. Any such proceeding, and any action on
such application, shall continue under those provi-
226
sions as if those provisions had not been amended by
section 702.
(c) TREATMENT OF CERTAIN DETERMINATIONS.—Any
determination with respect to the government of a foreign
country under section 6(j) of the Export Administration Act
of 1979, or Executive Order 12924, that is in effect on the
day before the date of enactment of this Act, shall, for pur-
poses of this title or any other provision of law, be deemed
to be made under section 310 of this Act until superseded
by a determination under such section 310.
(d) LAWFUL INTELLIGENCE ACTIVITIES.—The prohi-
bitions otherwise applicable under this Act do not apply
with respect to any transaction subject to the reporting re-
quirements of title V of the National Security Act of 1947.
Notwithstanding any other provision of this Act, nothing
shall affect the responsibilities and authorities of the Direc-
tor of Central Intelligence under section 103 of the National
Security Act of 1947.
(e) IMPLEMENTATION.—The Secretary shall make any
revisions to the Export Administration regulations required
by this Act no later than 180 days after the date of enact-
ment of this Act.
Union Calendar No. 212
107TH CONGRESS
2D SESSION
H. R. 2581
[Report No. 107–297, Parts I and II]
A BILL
To provide authority to control exports, and for
other purposes.
MARCH 8, 2002
Reported from the Committee on Armed Services with
amendments
MARCH 8, 2002
The Committees on Agriculture, Energy and Commerce,
the Judiciary, Rules, Ways and Means, and the Per-
manent Select Committee on Intelligence discharged;
committed to the Committee of the Whole House on
the State of the Union and ordered to be printed