[Fwd: Export Administration Act of 1979]

[William Allen Simpson]

It was reported that Clinton was keeping the export controls going by 
executive order, even tho' congress had failed to re-authorize the 
sunsetted legislation.  I asked my local congress-critter about it, and 
here is the response.  I found it enlightening.

Now, they are checking to see whether there was any _explicit_ funding
for the export controls.  Perhaps that could be blocked, as a money-
saving initiative.

The last line might be taken as a call to action -- we need to watch.

   Original Message 
 If congress did not
accept his action, it could have legislated his executive order out of
existence. Certainly, when the Republicans took control of congress in 1995,
they could have rescinded his order if they did not want it to operate.
Since 1994, the 104th, 105th and 106th congresses have chosen to allow the
Export Administration Act to exist under emergency authority.

Many, possibly, hundreds of programs whose authorization has run out, are in
existence. Congress frequently appropriates funds for these programs. For
example, the National Endowment for the Arts' authorization ran out. Even
though many in the current majority would like to eliminate the NEA, each
year it is funded because a majority of all members want to. It is not
brought up for reauthorization because no one wants to engage in the fight.

The authorization for the Great Lakes Environmental Research Lab has expired
also. Even so, it is funded every year. 

Congress failed to reauthorize the Federal Aviation Administration. However,
it continues to be funded. Reauthorization legislation was up last year, but
no consensus was reached on certain key issues.

Congress often lets programs ride until a consensus can be reached. There is
some talk that the EAA may be reauthorized this year.

Re: [Fwd: Export Administration Act of 1979]

[Declan McCullagh]

At 11:49 3/7/2000 -0500, William Allen Simpson wrote:
It was reported that Clinton was keeping the export controls going by
executive order, even tho' congress had failed to re-authorize the
sunsetted legislation.  I asked my local congress-critter about it, and
here is the response.  I found it enlightening.

And quoted his congresscritter:
Congress often lets programs ride until a consensus can be reached. There is
some talk that the EAA may be reauthorized this year.

Following is some info on this, including a presidental declaration of 
emergency and an excerpt from the Bernstein legal team docs.

-Declan

http://www.eff.org/bernstein/Legal/970107_supplemental.complaint
STATUTORY AND REGULATORY CONTEXT
7.  The EAA expired on August 20, 1994.
 8.  The President has continued the EAR to the extent
permitted by law under authority of the International Emergency
Economic Powers Act ("IEEPA"), 50 U.S.C. sec. 1701 et seq.  Executive
Order 12,924 (1994) ("EO 12924"), 59 Fed.Reg.  43437; Notice of Aug.
15, 1995, 60 Fed.Reg.  42767 (Aug.  17, 1995); Notice of Aug. 14, 1996,
61 Fed.Reg. 42527 (Aug. 14, 1996).



Date: Fri, 14 Aug 1998 11:35:05 -0700 (PDT)
From: Declan McCullagh [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
[Actually, it's just extending the existing one. So the White House can
continue to restrict exports of crypto software like Netscape and
Microsoft's web browsers. --Declan]
 CONTINUATION OF EMERGENCY
 REGARDING EXPORT CONTROL REGULATIONS
 On August 19, 1994, consistent with the authority provided me
under the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), I issued Executive Order 12924.  In that order, I declared
a national emergency with respect to the unusual and extraordinary
threat to the national security, foreign policy, and economy of the
United States in light of the expiration of the Export Administration
Act of 1979, as amended (50 U.S.C. App. 2401 et seq.).  Because the
Export Administration Act has not been renewed by the Congress, the
national emergency declared on August 19, 1994, must continue in
effect beyond August 19, 1998.  Therefore, in accordance with section
202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing the national emergency declared in Executive Order 12924.
 This notice shall be published in the Federal Register and
transmitted to the Congress.
 WILLIAM J. CLINTON
 THE WHITE HOUSE,
 August 13, 1998

Re: [Fwd: Export Administration Act of 1979]

[David Honig]

At 11:49 AM 3/7/00 -0500, William Allen Simpson wrote:
It was reported that Clinton was keeping the export controls going by 
executive order, even tho' congress had failed to re-authorize the 
sunsetted legislation.  

Clinton has waged wars without congressional approval.  
We don't need no stinkin' laws, we're the government.