[Congressional Record Volume 146, Number 114 (Friday, September 22, 2000)]
[Extensions of Remarks]
[Pages E1570-E1571]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            ``STRENGTHENING U.S. EXPORT CONTROLS'' H.R. 5239

                                 ______
                                 

                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                      Thursday, September 21, 2000

  Mr. GILMAN. Mr. Speaker, today together with the Ranking Minority 
Member Mr. Gejdenson I am introducing a measure, the ``Export 
Administration Modification and Clarification Act of 2000'' that will 
strengthen the enforcement of our export control system by increasing 
the penalties against those who would knowingly violate its regulations 
and provisions.
  This measure would implement one of the key recommendations of the 
Cox Commission report on protecting our national security interests and 
is virtually identical to a provision in H.R. 973, a security 
assistance bill, which passed the House in June of last year with 
strong bipartisan support.
  Since the Export Administration Act, EAA, lapsed in August of 1994, 
the Administration has used the authorities in the International 
Emergency Economic Powers Act, IEEPA, to administer our export control 
system. But in some key areas, the Administration has less authority 
under IEEPA than under the EAA of 1979. For example, the penalties for 
violations of the Export Administration Regulations that occur under 
IEEPA, both criminal and civil, are substantially lower than those 
available for violations that occur under the EAA. Even these penalties 
are too low, having been eroded by inflation over the past 20 years.
  The measure I am introducing today significantly increases the 
penalties available to our enforcement authorities at the Bureau of 
Export Administration, BXA, in the Department of Commerce. It also 
ensures that the Department can maintain its ability to protect from 
public disclosure information concerning export license applications, 
the licenses themselves and related export enforcement information.
  In view of the lapse of the EAA over the past five and a half years, 
the Department is

[[Page E1571]]

coming under mounting legal challenges and is currently defending 
against two separate lawsuits seeking public release of export 
licensing information subject to the confidentiality provisions of 
section 12(c) of the EAA.
  Accordingly, I urge my colleagues to join me in supporting this very 
timely measure that will provide the authorities our regulators need to 
deter companies and individuals from exporting dual-use goods and 
technologies to countries and uses of concern and to protect the 
confidentiality of the export control process.

                          ____________________