IIB
106TH CONGRESS
2D SESSION
H. R. 5239
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 26 (legislative day, SEPTEMBER 22), 2000
Received
OCTOBER 3 (legislative day, SEPTEMBER 22), 2000
Read twice and referred to the Committee on Banking, Housing, and Urban
Affairs
AN ACT
To provide for increased penalties for violations of the Export
Administration Act of 1979, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Export Administration
Modification and Clarification Act of 2000’’.
SEC. 2. CONTINUATION OF THE EXPORT CONTROL REGU-
LATIONS UNDER IEEPA.
To the extent that the President exercises the au-
thorities of the International Emergency Economic Pow-
ers Act to carry out the provisions of the Export Adminis-
tration Act of 1979 in order to continue in full force and
effect the export control system maintained by the Export
Administration Regulations issued under that Act, includ-
ing regulations issued under section 8 of that Act, the fol-
lowing shall apply:
(1)(A) Subject to subparagraph (B), the pen-
alties for violations of the regulations continued pur-
suant to the International Emergency Economic
Powers Act shall be the same as the penalties for
violations under section 11 of the Export Adminis-
tration Act of 1979, as if that section were
amended—
(i) by amending subsection (a) to read as
follows:
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), whoever knowingly violates or conspires to or attempts
to violate any provision of this Act or any license, order,
or regulation issued under this Act—
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‘‘(1) except in the case of an individual, shall be
fined not more than $500,000 or 5 times the value
of any exports involved, whichever is greater; and
‘‘(2) in the case of an individual, shall be fined
not more than $250,000 or 5 times the value of any
exports involved, whichever is greater, or imprisoned
not more than 5 years, or both.’’;
(ii) in subsection (b)—
(I) in paragraphs (1)(A) and (2)(A),
by striking ‘‘five times’’ and inserting ‘‘10
times’’;
(II) in paragraph (1)(B), by striking
‘‘$250,000’’ and inserting ‘‘$500,000’’;
and
(III) in paragraph (2)(B), by striking
‘‘$250,000, or imprisoned not more than 5
years’’ and inserting ‘‘$500,000, or impris-
oned not more than 10 years’’;
(iii) in subsection (c)(1)—
(I) by striking ‘‘$10,000’’ and insert-
ing ‘‘$250,000’’; and
(II) by striking ‘‘except that the civil
penalty’’ and all that follows through the
end of the paragraph and inserting ‘‘except
that the civil penalty for a violation of the
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suant to the International Emergency Economic
Powers Act.
(3) The provisions of sections 12(c) and 13 of
the Export Administration Act of 1979 shall apply
in carrying out the regulations continued pursuant
to the International Emergency Economic Powers
Act.
(4) The continuation of the provisions of the
Export Administration Regulations pursuant to the
International Emergency Economic Powers Act shall
not be construed as not having satisfied the require-
ments of that Act.
SEC. 3. APPLICABILITY.
Paragraphs (2), (3), and (4) of section 2 shall be ap-
plied as if enacted on August 20, 1994.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the De-
partment of Commerce to carry out the Export Adminis-
tration Act of 1979, as continued in effect under the Inter-
national Emergency Economic Powers Act, $72,000,000
for fiscal year 2001.
Passed the House of Representatives September 25,
2000.
Attest:
JEFF TRANDAHL,
Clerk.