Export Administration Amendments Act of 1981
PL 97-145 (H.R.3567), enacted 12/29/1981

PUBLIC LAW 97-145—DEC. 29, 1981 
95 STAT. 1727 
Public Law 97-145 
97th Congress 
An Act 
To authorize appropriations for the fiscal vears 1982 and 1988 to carry out the 
purposes of the Export Administration Act of 1979, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled. That this Act may be 
cited as the Export Administration Amendments Act of 1981". 
SEC. 2. (a) Section 18(bXl) of the Export Administration Act of 1979 
(50 U.S.C. App. 2417(bXl)) is amended to read as follows: 
"(1) $9,659,000 for each of the fiscal years 1982 and 1983; and". 
(b) The amendment made by subsection (a) shall be efiTective as of 
October 1,1981. 
SEC. 3. Section 12(c) of the Export Administration Act of 1979 (50 
U.S.C. App. 2411(c)) is amended by adding at the end thereof the 
following: 
"(3) Departments or agencies which obtain information which is 
relevant to the ei^orcement of this Act shall fiimish such informa-
tion to the department or agency with enforcement responsibiUties 
under this Act to the extent consistent with the protection of 
intelligence, counterintelligence, and law enforcement sources, meth-
ods, and activities. The provisions of 
this paragraph shall not apply to 
information subject to the restrictions set forth in section 9 of 
title 13, 
United States Oode; and return information, as defined in subsection 
(b) of section 6103 of the Internal Revenue Code of 1954, may be 
disclosed only as authorized by such section.". 
SEC. 4. (a) Section ll(bXl) of the EsEport Administration Act of 1979 
(50 U.S.C. App. 2410(bXl)) is amendedby striking out ''puiposes," and 
all that follows throug^h the period at the end thereof and inserting in 
lieu thereof 
the following: "purposes— 
"(A) except in the case of 
an individual, shall be fined not more 
than five tunes the value of the exports involved or $1,000,000, 
whichever is greater; and 
"(B) in the case of an individual, shaU be fined not more than 
$250,000, or imprisoned not more than 10 years, or both.". 
(b) Section ll(bX2) of 
that Act (50 U.S.C. App. 2410(bX2)) is amended 
by striking out "Defense," and all that follows through the period at 
the end of the first sentence and inserting in heu thereof the 
following: "Defense— 
"(A) except in the case of 
an individual, shall be fined not more 
than five times the value of the exports involved or $1,000,000, 
whichever is greater; and 
"(B) in the case of an individual, shall be fined not more than 
$250,000, or imprisoned not more than 5 years, or both.". 
(c) Section IKcXD of that Act (50 U.S.C. App. 2410(cXl)) is amended 
by inserting immediately before the period at the end thereof the 
following: , except that the civil penalty for each such violation 
involving national security controls imposed under section 5 of this 
Act or controls imposed on the export of defense articles and defense 
Dec. 29, 1981 
[H.R. 3567] 
Export 
Administration 
Amendments 
Act of 1981. 
50 use app. 2401 
note. 
Effective date. 
50 use app. 2417 
note. 
Information 
disclosure. 
26 use 6103. 
95 STAT. 1728 
PUBLIC LAW 97-145—DEC. 29, 1981 
22 u s e 2778. 
Effective date. 
50 u s e app. 2410 
note. 
Information 
disclosure to 
Congress. 
31 u s e 54. 
50 u s e app. 
2405. 
services under section 38 of the Arms Export Control Act may not 
exceed $100,000.". 
(d) The amendments made by this section apply with respect to 
violations occurring after the date of the enactment of this Act. 
SEC. 5. Section 12(cX2) of the Export Administration Act of 1979 (50 
U.S.C. App. 2411(cX2)) is amended to read as follows: 
"(2) Nothing in this Act shall be construed as authorizing the 
withholding of information from the Congress or from the General 
Accounting Office. All information obtained at any time under this 
Act or previous Acts regarding the control of exports, including any 
report or license application required under this Act, shedl be made 
available to any committee or subcommittee of Congress of appropri-
ate jurisdiction upon request of the chairman or ranking minority 
member of such committee or subcommittee. No such committee or 
subcommittee, or member thereof, shall disclose any information 
obtained under this Act or previous Acts regarding the control of 
exports which is submitted on a confidential basis unless the full 
committee determines that the withholding of that information is 
contrary to the national interest. Notwithstanding paragraph (1) of 
this subsection, information referred to in the second sentence of this 
paragraph shall, consistent with the protection of intelligence, coun-
terintelligence, and law enforcement sources, methods, and activities, 
as determined by the agency that originally obtained the informa-
tion, and consistent with the provisions of section 313 of the Budget 
and Accounting Act, 1921, be made available only by that Eigency, 
upon request, to the Comptroller General of the iJnited States or to 
any officer or empl^ee of the General Accounting Office who is 
authorized by the Comptroller General to have access to such 
information. No officer or employee of the General Accounting Office 
shall disclose, except to the Congress in accordeuice with this para-
graph, any such information which is submitted on a confidential 
basis and from which any individual can be identified.". 
SEC. 6. Section 6(f) of the Export Admmistration Act of 1979 (50 
U.S.C. 2405(f)) is amended— 
(1) in the subsection caption by inserting "AND FOR CERTAIN 
F
O
O
D EXPORTS" immediately after SUPPUES'^ 
(2) by inserting the following immediately after the first 
sentence: "Before export controls on food are imposed, expanded, 
or extended under this section, the Secretary shall notify the 
Secretary of State in the case of export controls applicable with 
respect to any developed country and shall notify the Director of 
the United Stetes International Development Cooperation 
Agency in the case of export controls applicable with respect to 
any developing country. The Secretery of Stete with respect to 
developed countries, and the Director with respect to developing 
countries, shall determine whether the pro^sed export controls 
on food would cause measurable malnutrition and shall inform 
the Secretary of that determination. If the Secretary is informed 
that the proposed export controls on food would cause measur-
able malnutrition, then those controls may not be imposed, 
expanded, or extended, as the case may be, unless the President 
determines that those controls are necessary to protect the 
national security interests of the United Stetes, or unless the 
President determines that arrangements are insufficient to 
ensure that the food will reach those most in need. Each such 
determination by the Secretary of Stete or the Director of the 
United States International Development dkwperation Agency, 
and any such determination by the President, shall be reported 
PUBLIC LAW 97-145—DEC. 29, 1981 
95 STAT. 1729 
to the Congress, together with a statement of the reasons for that 
determination."; 
(3) in the next to the last sentence by striking out "supplies/' 
and inserting in lieu thereof "supplies or of 
food'; and 
(4) in the last sentence by inserting immediately before the 
^ period "or to any export control on food which is in effect on the 
date of the enactment of the Export Administration Amend-
ments Act of 1981". 
SEC. 7. Notwithstanding any other provision of law, no provision of Soviet or 
the Export Administration Act of 1979. as amended by this Act, or of S S S , "
"
^ 
any other Act shall be construed to prohibit the exercise of authori- 50 use app. 2405 
ties contained in the Export Administration Act of 1979 to impose a note. 
total embargo in the event of Soviet or Warsaw Pact military action so use app. 2401 
against Poland. 
"°^^ 
Approved December 29, 1981. 
LEGISLATIVE HISTORY—H.R. 3567 (S. 1112): 
HOUSE REPORTS: No. 97-57 (Comm. on Foreign Affairs) and No. 97-401 (Comm. of 
SENATE REPORT No. 97-91 accompanying S. 1112 (Oomm. on Banking, Housing, 
and Urban Affairs). 
CONGRESSIONAL REOORD, Vol. 127 (1981): 
June 8, considered and passed House. 
Nov. 9, 10, 12, S. 1112 considered in Senate. 
Nov. 12, considered and passed Senate, amended, in lieu of S. 1112. 
Dec. 15, Senate agreed to conference report. 
Dec. 16, House agreed to conference report.