Subject:						Date:

  S. 979, Amendments to the	   			    Aug. 28, 1984
  Export Administration Act

To:				From:  (signed: Theodore B Olson)

Robert A. McConnell			Theodore B. Olson
Assistant Attorney General	     	Assistant Attorney General
Office of Legislative and	     	Office of Legal Counsel
Intergovernmental Affairs	     	

We have become aware that the Senate-passed version of s. 979, the 
Export Administration Act Amendments of 1984, contains one 
amended and one additional definition relating to the export of 
technology. The effect of the amendments, if enacted, would be 
expressly to subject the export of technology to the licensing 
requirements and restrictions imposed by the Export Administration 
Act of 1979, 50 U.S.C. App. ss. 2401 et seq. (EAA). The definitions are 
quite similar to those contained in a proposed revision of the EAA 
regulations. This Office has previously opined on the constitutionality 
of these definitions and the attendant licensing scheme and has 
found that the regulatory scheme extends too broadly into an area of 
protected First Amendment speech. That opinion refers to another 
opinion of this Office which considered the constitutionality of the 
ITAR, the International Traffic in Arms Regulations, a similar 
licensing scheme. We concluded that the ITAR also presents serious 
First Amendment problems.

We would suggest, therefore, that you bring to the attention of the 
Conference Committee which is considering s. 979 the concerns 
reflected in our prior memoranda on the Export Administration 
Regulations and the ITAR. For your convenience, we have attached a 
proposed letter, prepared for your signature, for transmittal to 
Chairman Garn of the Senate Committee on Banking, Housing, and 
Urban Affairs.


 cc: A.R. Cinquegrana	   		Joseph J. Tafe
     Deputy Counsel	   		Chief, Export Enforcement Unit
     Office of Intelligence		Internal Security Section
       Policy and Review	   	Criminal Division