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106TH CONGRESS

2D SESSION H. R. 5239

To provide for increased penalties for violations of the Export Administration

Act of 1979, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 21, 2000

Mr. GILMAN (for himself and Mr. GEJDENSON) introduced the following bill;

which was referred to the Committee on International Relations

A BILL

To provide for increased penalties for violations of the Export

Administration Act of 1979, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Export Administration

5 Modification and Clarification Act of 2000’’.

6 SEC. 2. CONTINUATION OF THE EXPORT CONTROL REGU7 LATIONS UNDER IEEPA.

8 To the extent that the President exercises the au9 thorities of the International Emergency Economic Pow10 ers Act to carry out the provisions of the Export Adminis-
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1 tration Act of 1979 in order to continue in full force and

2 effect the export control system maintained by the Export

3 Administration Regulations issued under that Act, includ4 ing regulations issued under section 8 of that Act, the fol5 lowing shall apply:

6 (1)(A) Subject to subparagraph (B), the pen7 alties for violations of the regulations continued pur8 suant to the International Emergency Economic

9 Powers Act shall be the same as the penalties for

10 violations under section 11 of the Export Adminis11 tration Act of 1979, as if that section were

12 amended—

13 (i) by amending subsection (a) to read as

14 follows:

15 ‘‘(a) IN GENERAL.—Except as provided in subsection

16 (b), whoever knowingly violates or conspires to or attempts

17 to violate any provision of this Act or any license, order,

18 or regulation issued under this Act—

19 ‘‘(1) except in the case of an individual, shall be

20 fined not more than $500,000 or 5 times the value

21 of any exports involved, whichever is greater; and

22 ‘‘(2) in the case of an individual, shall be fined

23 not more than $250,000 or 5 times the value of any

24 exports involved, whichever is greater, or imprisoned

25 not more than 5 years, or both.’’;
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1 (ii) in subsection (b)—

2 (I) in paragraphs (1)(A) and (2)(A),

3 by striking ‘‘five times’’ and inserting ‘‘10

4 times’’;

5 (II) in paragraph (1)(B), by striking

6 ‘‘$250,000’’ and inserting ‘‘$500,000’’;

7 and

8 (III) in paragraph (2)(B), by striking

9 ‘‘$250,000, or imprisoned not more than 5

10 years’’ and inserting ‘‘$500,000, or impris11 oned not more than 10 years’’;

12 (iii) in subsection (c)(1)—

13 (I) by striking ‘‘$10,000’’ and insert14 ing ‘‘$250,000’’; and

15 (II) by striking ‘‘except that the civil

16 penalty’’ and all that follows through the

17 end of the paragraph and inserting ‘‘except

18 that the civil penalty for a violation of the

19 regulations issued pursuant to section 8

20 may not exceed $50,000.’’; and

21 (iv) in subsection (h)(1), by striking ‘‘or

22 section 38 of the Arms Export Control Act (22

23 U.S.C. 2778)’’ and inserting ‘‘section 38 of the

24 Arms Export Control Act (22 U.S.C. 2778),

25 section 16 of the Trading with the enemy Act
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1 (50 U.S.C. 16), or, to the extent the violation

2 involves the export of goods or technology con3 trolled under this or any other Act or defense

4 articles or defense services controlled under the

5 Arms Export Control Act, section 371 of title

6 18, United States Code,’’.

7 (B) The penalties under section 11 of the Ex8 port Administration Act of 1979 (50 U.S.C. App.

9 2410), as in effect on the day before the date of en10 actment of this Act, shall continue to apply in the

11 case of any penalty assessed for, or violations based

12 on, voluntary disclosures of information made by a

13 person before such date of enactment.

14 (2) The authorities set forth in section 12(a) of

15 the Export Administration Act of 1979 may be exer16 cised in carrying out the regulations continued pur17 suant to the International Emergency Economic

18 Powers Act.

19 (3) The provisions of sections 12(c) and 13 of

20 the Export Administration Act of 1979 shall apply

21 in carrying out the regulations continued pursuant

22 to the International Emergency Economic Powers

23 Act.

24 (4) The continuation of the provisions of the

25 Export Administration Regulations pursuant to the
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1 International Emergency Economic Powers Act shall

2 not be construed as not having satisfied the require3 ments of that Act.

4 SEC. 3. APPLICABILITY.

5 Paragraphs (2), (3), and (4) of section 2 shall be ap6 plied as if enacted on August 20, 1994.

7 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

8 There are authorized to be appropriated to the De9 partment of Commerce to carry out the Export Adminis10 tration Act of 1979, as continued in effect under the Inter11 national Emergency Economic Powers Act, $72,000,000

12 for fiscal year 2001.

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