To ensure that certain persons do not evade or avoid the prohibitions imposed under the International Emergency Powers Act, and for other purposes.

SA 1377. Ms. COLLINS proposed an amendment to amendment SA 1351
proposed by Mr. Lautenberg (for himself, Mr. Corzine, Mrs. Clinton, and
Mr. Feingold) to the bill S. 1042, to authorize appropriations for
fiscal year 2006 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe personnel strengths for such fiscal year for
the Armed Forces, and for other purposes; which was ordered to lie on
the table; as follows:

In lieu of the matter proposed to be inserted, insert the
following:

SEC. __. PROHIBITION ON ENGAGING IN CERTAIN TRANSACTIONS.

(a) Application of IEEPA Prohibitions to Those Attempting
to Evade or Avoid the Prohibitions.--Section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
is amended to read as follows:

``PENALTIES

``Sec. 206. (a) It shall be unlawful for--
``(1) a person to violate or attempt to violate any
license, order, regulation, or prohibition issued under this
title;
``(2) a person subject to the jurisdiction of the United
States to take any action to evade or avoid, or attempt to
evade or avoid, a license, order, regulation, or prohibition
issued this title; or
``(3) a person subject to the jurisdiction of the United
States to approve, facilitate, or provide financing for any
action, regardless of who initiates or completes the action,
if it would be unlawful for such person to initiate or
complete the action.
``(b) A civil penalty of not to exceed $250,000 may be
imposed on any person who commits an unlawful act described
in paragraph (1), (2), or (3) of subsection (a).
``(c) A person who willfully commits, or willfully attempts
to commit, an unlawful act described in paragraph (1), (2),
or (3) of subsection (a) shall, upon conviction, be fined not
more than $500,000, or a natural person, may be imprisoned
not more than 10 years, or both; and any officer, director,
or agent of any person who knowingly participates, or
attempts to participate, in such unlawful act may be punished
by a like fine, imprisonment, or both.''.
(b) Production of Records.--Section 203(a)(2) of the
International Emergency Economic Powers Act (50 U.S.C.
1702(a)(2)) is amended to read as follows:
``(2) In exercising the authorities granted by paragraph
(1), the President may require any person to keep a full
record of, and to furnish under oath, in the form of reports,
testimony, answers to questions, or otherwise, complete
information relative to any act or transaction referred to in
paragraph (1), either before, during, or after the completion
thereof, or relative to any interest in foreign property, or
relative to any property in which any foreign country or any
national thereof has or has had any interest, or as may be
otherwise necessary to enforce the provisions of such
paragraph. The President may require by subpoena or otherwise
the production under oath by any person of all such
information, reports, testimony, or answers to questions, as
well as the production of any required books of accounts,
records, contracts, letters, memoranda, or other papers, in
the custody or control of any person. The subpoena or other
requirement, in the case of contumacy or refusal to obey,
shall be enforceable by order of any appropriate United
States district court.''.
(c) Clarification of Jurisdiction To Address IEEPA
Violations.--Section 203 of the International Emergency
Economic Powers Act (50 U.S.C. 1702) is further amended by
adding at the end the following:
``(d) The district courts of the United States shall have
jurisdiction to issue such process described in subsection
(a)(2) as may be necessary and proper in the premises to
enforce the provisions of this title.''.
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