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“``STRENGTHENING U.S. EXPORT CONTROLS'' H.R. 5239” mentioning the U.S. Dept. of Commerce was published in the Extensions of Remarks section on pages E1570-E1571 on Sept. 22, 2000.
The publication is reproduced in full below:
``STRENGTHENING U.S. EXPORT CONTROLS'' H.R. 5239
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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 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.
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