[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.
                                 <all>