[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5239 Introduced in House (IH)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 REGULATIONS UNDER IEEPA.
To the extent that the President exercises the authorities of the
International Emergency Economic Powers Act to carry out the provisions
of the Export Administration 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, including regulations
issued under section 8 of that Act, the following shall apply:
(1)(A) Subject to subparagraph (B), the penalties for
violations of the regulations continued pursuant to the
International Emergency Economic Powers Act shall be the same
as the penalties for violations under section 11 of the Export
Administration 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--
``(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 imprisoned
not more than 10 years'';
(iii) in subsection (c)(1)--
(I) by striking ``$10,000'' and inserting
``$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
regulations issued pursuant to section 8 may
not exceed $50,000.''; and
(iv) in subsection (h)(1), by striking ``or section
38 of the Arms Export Control Act (22 U.S.C. 2778)''
and inserting ``section 38 of the Arms Export Control
Act (22 U.S.C. 2778), section 16 of the Trading with
the enemy Act (50 U.S.C. 16), or, to the extent the
violation involves the export of goods or technology
controlled under this or any other Act or defense
articles or defense services controlled under the Arms
Export Control Act, section 371 of title 18, United
States Code,''.
(B) The penalties under section 11 of the Export
Administration Act of 1979 (50 U.S.C. App. 2410), as in effect
on the day before the date of enactment of this Act, shall
continue to apply in the case of any penalty assessed for, or
violations based on, voluntary disclosures of information made
by a person before such date of enactment.
(2) The authorities set forth in section 12(a) of the
Export Administration Act of 1979 may be exercised in carrying
out the regulations continued pursuant 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 requirements of that Act.
SEC. 3. APPLICABILITY.
Paragraphs (2), (3), and (4) of section 2 shall be applied as if
enacted on August 20, 1994.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of
Commerce to carry out the Export Administration Act of 1979, as
continued in effect under the International Emergency Economic Powers
Act, $72,000,000 for fiscal year 2001.
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