I
104TH CONGRESS
1ST SESSION
H. R. 2231
To amend the Export Administration Act of 1979 to require reviews of
the commodity control list.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 4, 1995
Mr. MINETA introduced the following bill; which was referred to the
Committee on International Relations
A BILL
To amend the Export Administration Act of 1979 to require
reviews of the commodity control list.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Technology Export Re-
view Act’’.
SEC. 2. ANNUAL REVIEW OF CONTROLLED ITEMS.
Section 4 of the Export Administration Act of 1979
(50 U.S.C. App. 2403) is amended by adding at the end
the following:
‘‘(h) CONTROL LIST REVIEW.—
‘‘(1) IN GENERAL.—In order to ensure that re-
quirements for validated licenses to export are peri-
odically removed as goods and technology become
obsolete with respect to the specific objectives of the
export controls requiring such licenses, the Secretary
shall conduct periodic reviews of such controls im-
posed under sections 5 and 6. The Secretary shall
complete such a review not later than 6 months
after the date of the enactment of this subsection,
and not later than the end of each 1-year period
thereafter.
‘‘(2) REVIEW ELEMENTS.—In conducting each
review under paragraph (1), the Secretary shall do
the following with respect to the export controls re-
quiring a license described in paragraph (1):
‘‘(A) OBJECTIVES
OF
CONTROLS.—The
Secretary shall identify the specific objectives of
the export controls, for the 12-month period fol-
lowing the completion of the review, for each
country or group of countries for which a vali-
dated license is required. When an objective of
an export control is to defer the development of
a specific capability in such country or group of
countries, the Secretary shall specify for what
period of time the controls are expected to defer
such capability.
‘‘(B) QUANTITY AND PERFORMANCE.—The
Secretary shall estimate, for the 12-month pe-
riod described in subparagraph (A), the quan-
tities and performance (as specified in specific
performance parameters on the control list) of
the goods and technology to which the controls
apply that must be obtained by each country or
group of countries for which a validated license
is required in order to defeat the objectives of
the export controls.
‘‘(C) AVAILABILITY TO CONTROLLED DES-
TINATIONS.—The Secretary shall evaluate the
effectiveness of the export controls in achieving
their specific objectives, including explicit de-
scriptions of the availability from sources out-
side the United States, or from sources inside
the United States resulting from the inability of
the United States Government to effectively en-
force controls, during the 12-month period de-
scribed in subparagraph (A), to controlled coun-
tries of goods and technology to which the ex-
port controls apply.
‘‘(D) ECONOMIC IMPACT.—The Secretary
shall evaluate the economic impact, during the
12-month period described in subparagraph
(A), of the export controls on exporting compa-
nies, including estimates of lost sales, loss in
market share, and administrative overhead.
‘‘(3) CHANGES IN CONTROLS.—
‘‘(A) CHANGES.—After completing each re-
view under this subsection, the Secretary shall,
if warranted by the findings of the review and
after consultation with appropriate departments
or agencies—
‘‘(i) eliminate the requirement for an
export license for a particular good or
technology;
‘‘(ii) make such a good or technology
eligible for delivery under a distribution li-
cense or other license authorizing multiple
exports;
‘‘(iii) eliminate a performance thresh-
old or other characteristic upon which the
requirement for a validated license for such
a good or technology is based; or
‘‘(iv) increase the performance levels
at which an individual validated license for
such a good or technology is required, at
which it is eligible for delivery under a dis-
tribution license, or at which special condi-
tions or security safeguard plans are im-
posed as a condition of export.
‘‘(4) HEARINGS.—The Secretary shall conduct
public hearings not less than once each year in order
to solicit information from all interested parties on
all matters to be addressed in each review conducted
under this subsection.
‘‘(5) REMOVAL OF CONTROLS ON MASS-MARKET
PRODUCTS.—
‘‘(A) 
MASS-MARKET
PRODUCTS
DE-
FINED.—For the purposes of this paragraph,
the term ‘mass-market product’ means any
good or technology sold, licensed, or otherwise
distributed as a discrete item and which will
have been distributed for end use outside the
United States in a quantity exceeding 100,000
units over a 12-month period, as determined
under subparagraph (B).
‘‘(B) ANTICIPATORY
REVIEW
OF
MASS-
MARKET PRODUCTS.—Not later than—
‘‘(i) 6 months after the date of the en-
actment of this subsection, and
‘‘(ii) the end of each 1-year period
thereafter,
the Secretary shall, in consultation with the ap-
propriate technical advisory committee, industry
groups, and producers, identify those items de-
scribed in subparagraph (A) (including products
differentiated on the control list according to
specific performance parameters) that will be
distributed for end use outside the United
States in a quantity exceeding 100,000 units
beginning on the applicable date described in
clause (i) or (ii). For purposes of this para-
graph, estimates of numbers of items that will
be distributed shall be based on reliable esti-
mates provided by producers of such items.
‘‘(C) ACTION
BY
THE
SECRETARY.—Not
later than 30 days after an item is determined
by the Secretary under subparagraph (B) to be
a mass-market product, the Secretary shall pro-
pose to any group of countries which imposes
export controls on the item cooperatively with
the United States the elimination of controls on
the item in accordance with the procedures of
such group, and shall publish a notice of such
proposal in the Federal Register.
‘‘(6) RELATIONSHIP TO OTHER PROVISIONS.—
The requirements of this subsection are in addition
to any other requirements of this Act. The Secretary
may coordinate reviews under this subsection with
reviews conducted under section 5(c).’’.
SEC. 3. EQUAL TREATMENT OF COMPONENTS.
Section 4 of the Export Administration Act of 1979
is amended by adding at the end the following new sub-
section:
‘‘(i) TREATMENT OF SEMICONDUCTORS.—The export
control treatment imposed under the authority of this Act
upon semiconductor devices shall be no more restrictive
or burdensome to the exporter than the export control
treatment imposed under the authority of this Act upon
computer systems or telecommunications systems for
which the semiconductor devices serve or can serve as
components.’’.
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