Home > 106th Congressional Bills > H.R. 973 (ih) To modify authorities with respect to the provision of security assistance under the Foreign Assistance Act of 1961 and the Arms Export Control Act, and for other purposes. [Introduced in House] ...H.R. 973 (ih) To modify authorities with respect to the provision of security assistance under the Foreign Assistance Act of 1961 and the Arms Export Control Act, and for other purposes. [Introduced in House] ...
report shall specify, by category, whether such defense articles--
``(1) were furnished by grant under chapter 2 or chapter 5
of part II of this Act or under any other authority of law or
by sale under chapter 2 of the Arms Export Control Act;
``(2) were furnished with the financial assistance of the
United States Government, including through loans and
guarantees; or
``(3) were licensed for export under section 38 of the Arms
Export Control Act.''.
SEC. 702. PUBLICATION OF ARMS SALES CERTIFICATIONS.
Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is
amended in the second subsection (e) (as added by section 155 of Public
Law 104-164)--
(1) by inserting ``in a timely manner'' after ``to be
published''; and
(2) by striking ``the full unclassified text of'' and all
that follows and inserting the following: ``the full
unclassified text of--
``(1) each numbered certification submitted pursuant to
subsection (b);
``(2) each notification of a proposed commercial sale
submitted under subsection (c); and
``(3) each notification of a proposed commercial technical
assistance or manufacturing licensing agreement submitted under
subsection (d).''.
SEC. 703. NOTIFICATION REQUIREMENTS FOR COMMERCIAL EXPORT OF
SIGNIFICANT MILITARY EQUIPMENT ON UNITED STATES MUNITIONS
LIST.
(a) Notification Requirement.--Section 38 of the Arms Export
Control Act (22 U.S.C. 2778) is amended by adding at the end the
following:
``(i) As prescribed in regulations issued under this section, a
United States person to whom a license has been granted to export an
item identified as significant military equipment on the United States
Munitions List shall, not later than 15 days after the item is
exported, submit to the Department of State a report containing all
shipment information, including a description of the item and the
quantity, value, port of exit, and destination of the item.''.
(b) Quarterly Reports to Congress.--Section 36(a) of the Arms
Export Control Act (22 U.S.C. 2776(a)) is amended--
(A) in paragraph (11), by striking ``and'' at the
end;
(B) in paragraph (12), by striking ``third-party
transfers.'' and inserting ``third-party transfers;
and''; and
(C) by adding after paragraph (12) (but before the
last sentence of the subsection), the following:
``(13) a report on all exports of significant military
equipment for which information has been provided pursuant to
section 38(i).''.
SEC. 704. ENFORCEMENT OF ARMS EXPORT CONTROL ACT.
The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended in
sections 38(e), 39A(c), and 40(k) by inserting after ``except that''
each place it appears the following: ``section 11(c)(2)(B) of such Act
shall not apply, and instead, as prescribed in regulations issued under
this section, the Secretary of State may assess civil penalties for
violations of this Act and regulations prescribed thereunder and
further may commence a civil action to recover such civil penalties,
and except further that''.
SEC. 705. VIOLATIONS RELATING TO MATERIAL SUPPORT TO TERRORISTS.
Section 38(g)(1)(A)(iii) of the Arms Export Control Act (22 U.S.C.
2778(g)(1)(A)(iii)) is amended by adding at the end before the comma
the following: ``or section 2339A of such title (relating to providing
material support to terrorists)''.
SEC. 706. AUTHORITY TO CONSENT TO THIRD PARTY TRANSFER OF EX-U.S.S.
BOWMAN COUNTY TO USS LST SHIP MEMORIAL, INC.
(a) Findings.--Congress makes the following findings:
(1) It is the long-standing policy of the United States
Government to deny requests for the retransfer of significant
military equipment that originated in the United States to
private entities.
(2) In very exceptional circumstances, when the United
States public interest would be served by the proposed
retransfer and end-use, such requests may be favorably
considered.
(3) Such retransfers to private entities have been
authorized in very exceptional circumstances following
appropriate demilitarization and receipt of assurances from the
private entity that the item to be transferred would be used
solely in furtherance of Federal Government contracts or for
static museum display.
(4) Nothing in this section should be construed as a
revision of long-standing policy referred to in paragraph (1).
(5) The Government of Greece has requested the consent of
the United States Government to the retransfer of HS Rodos (ex-
U.S.S. Bowman County (LST 391)) to the USS LST Ship Memorial,
Inc.
(b) Authority To Consent to Retransfer.--
(1) In general.--Subject to paragraph (2), the President
may consent to the retransfer by the Government of Greece of HS
Rodos (ex-U.S.S. Bowman County (LST 391)) to the USS LST Ship
Memorial, Inc.
(2) Conditions for consent.--The President should not
exercise the authority under paragraph (1) unless USS LST
Memorial, Inc.--
(A) utilizes the vessel for public, nonprofit,
museum-related purposes;
(B) submits a certification with the import
application that no firearms frames or receivers,
ammunition, or other firearms as defined in section
5845 of the National Firearms Act (26 U.S.C. 5845) will
be imported with the vessel; and
(C) complies with regulatory policy requirements
related to the facilitation of monitoring by the
Federal Government of, and the mitigation of potential
environmental hazards associated with, aging vessels,
and has a demonstrated financial capability to so
comply.
SEC. 707. EXCEPTIONS RELATING TO PROHIBITIONS ON ASSISTANCE TO
COUNTRIES INVOLVED IN TRANSFER OR USE OF NUCLEAR
EXPLOSIVE DEVICES.
(a) In General.--Section 2 of the Agriculture Export Relief Act of
1998 (Public Law 105-194; 112 Stat. 627) is amended--
(1) by striking subsection (d); and
(2) by striking the second sentence of subsection (e).
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act or September 30,
1999, whichever occurs earlier.
SEC. 708. 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) 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--
(A) 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.'';
(B) 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'';
(C) 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
(D) in subsection (h)(1), by inserting after ``Arms
Export Control Act (22 U.S.C. 2778)'' the following:
``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 or 1001 of title 18, United States Code,''.
(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.
Passed the House of Representatives June 15, 1999.
Attest:
Clerk.
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