A Bill

To revise and extend the Export Administration Act of 1979, as amended.

*Be it enacted by the Senate and the House of Representatives of the
United States of America in Congress assembled*, That

**SECTION 1. SHORT TITLE.**

This Act may be cited as the AExport Enforcement Act of 2007@.

**SEC. 2. NATIONAL SECURITY CONTROLS.**

Section 5(f)(6) of the Export Administration Act of 1979 (50 U.S.C. App.
§ 2404(f)(6)) is amended by striking AUnder Secretary of Commerce for
Export Administration" and inserting AUnder Secretary of Commerce for
Industry and Security".

**SEC. 3. VIOLATIONS.**

Section 11 of the Export Administration Act of 1979 (50 U.S.C. App. §
2410) is amendedC

> \(1\) by striking subsections (a) and (b) and inserting the following:
>
> A(a) CRIMINAL PENALTIES.C
>
> A(1) VIOLATIONS BY AN INDIVIDUAL.C Any individual who willfully
> violates, conspires to violate, or attempts to violate any provision
> of this Act or any regulation, license, or order issued under this Act
> shall be fined up to \$1,000,000, imprisoned for not more than 10
> years, or both, for each violation.
>
> A(2) VIOLATIONS BY A PERSON OTHER THAN AN INDIVIDUAL.C Any person,
> other than an individual, who willfully violates, conspires to
> violate, or attempts to violate any provision of this Act or any
> regulation, license, or order issued under this Act shall be fined up
> to 10 times the value of the exports involved or \$5,000,000,
> whichever amount is greater, for each violation.
>
> A(b) FORFEITURE OF PROPERTY INTEREST AND PROCEEDS.C
>
> A(1) CRIMINAL FORFEITURE.C Any person who is convicted of an offense
> under paragraph (1) or (2) of subsection (a) shall, in addition to any
> penalty, forfeit to the United States such person's interest in C
>
> A(A) any security or other interest in, claim against, or property or
> contractual rights of any kind in, the real or personal property that
> were the subject of the violation;
>
> A(B) any property, real or personal, constituting or traceable to
> gross profits or other proceeds obtained from such offense; and
>
> A(C) any property, real or personal, used or intended to be used to
> commit or to promote the commission of such offense.
>
> A(2) CIVIL FORFEITURE.C Any property subject to forfeiture pursuant to
> subsection (b)(1) may be forfeited to the United States in a civil
> case in accordance with the procedures set forth in section 981 of
> Title 18.";
>
> \(2\) in subsection (c), by striking paragraph (1) and inserting the
> following: A(1) The Secretary may impose a civil penalty of up to
> \$500,000 for each violation of a provision of this Act or any
> regulation, license, or order issued under this Act. A civil penalty
> under this paragraph may be in addition to, or in lieu of, any other
> liability or penalty which may be imposed for such a violation.@;
>
> \(3\) by striking subsections (g) and (h) and inserting the following:
>
> A(g) VIOLATIONS DEFINED BY REGULATION.CNothing in this section shall
> limit the authority of the Secretary to define by regulation
> violations under this Act.
>
> A(h) EFFECT OF OTHER CONVICTIONS.C
>
> A(1) DENIAL OF EXPORT PRIVILEGES.C Any person convicted of a violation
> described in paragraph (2) may, at the discretion of the Secretary, be
> denied export privileges under this Act for a period not to exceed 25
> years from the date of the conviction. The Secretary may also revoke
> any export license under this Act in which such person had an interest
> at the time of the conviction.
>
> A(2) VIOLATIONS.C The violations referred to in paragraph (1) are a
> violation ofC
>
> A(A) a provision of this Act;
>
> A(B) a provision of the International Emergency Economic Powers Act
> (50 U.S.C. §§ 1701 et seq.);
>
> A(C) section 793, 794, or 798 of Title 18, United States Code;
>
> A(D) section 4(b) of the Internal Security Act of 1950 (50 U.S.C.
> § 783(b));
>
> A(E) section 38 of the Arms Export Control Act (22 U.S.C. § 2778);
>
> A(F) section 16 of the Trading with the Enemy Act (50 U.S.C. App. §
> 16);
>
> A(G) any regulation, license, or order issued under any provision of
> law listed in subparagraph (A), (B), (C), (D), (E), or (F);
>
> A(H) section 371 or 1001 of Title 18, United States Code, if in
> connection with the export or attempted export of items subject to
> this Act or any regulation, license, or order issued under the
> International Emergency Economic Powers Act, the Arms Export Control
> Act, or the Trading with the Enemy Act;
>
> A(I) section 175 of Title 18, United States Code;
>
> A(J) a provision of the Atomic Energy Act of 1954 (42 U.S.C. §§ 201 et
> seq.);
>
> A(K) section 831 of Title 18, United States Code;
>
> A(L) sections 2332a, 2332b, 2332d, 2332g, and 2332h of Title 18,
> United States Code;
>
> A(M) section 1956 of Title 18, United States Code, if in conjunction
> with any export or attempted export in violation of this Act, or any
> regulation, rule, order, or license issued under the International
> Emergency Economic Powers Act, the Arms Export Control Act, or the
> Trading with the Enemy Act;
>
> A(N) sections 2339A, 2339B, and 2339C of Title 18, United States Code;
> or
>
> "(O) section 554 of Title 18, United States Code.
>
> A(3) RELATED PERSONS.C The Secretary may exercise the authority under
> paragraph (1) with respect to any person related through affiliation,
> ownership, control, or position of responsibility to a person
> convicted of any violation of a law set forth in paragraph (2), upon a
> showing of such relationship with the convicted person. The Secretary
> shall make such showing only after providing notice and opportunity
> for a hearing.@; and
>
> \(4\) by adding at the end the following new subsection:
>
> A(j) STATUTE OF LIMITATIONS.C
>
> A(1) IN GENERAL.C Except as provided in paragraph (2), a proceeding in
> which a civil penalty or other administrative sanction is sought under
> subsection (c) may not be commenced more than 5 years after the date
> on which the offense was committed.

A(2) EXCEPTION.C

> A(A) TOLLING.C In any case in which a criminal indictment or
> information in connection with actions constituting a violation under
> subsection (a) is returned or filed within the time limits prescribed
> by law for the institution of such indictment or information (as the
> case may be), the limitation under paragraph (1) for commencing a
> proceeding to impose a civil penalty or other administrative sanction
> under this section shall, upon the return of the criminal indictment
> or the filing of the criminal information, be tolled against any
> person named as a defendant.
>
> A(B) DURATION.C The tolling of the limitation with respect to a
> defendant under subparagraph (A) as a result of a criminal indictment
> or information shall continue for a period of 6 months beginning on
> the date on which the defendant is convicted pursuant to the criminal
> indictment or criminal information, the indictment or the information
> against the defendant is dismissed, or the criminal action has
> otherwise concluded.@.

**SEC. 4. ENFORCEMENT.**

Section 12 of the Export Administration Act of 1979 (50 U.S.C. App. §
2411) is amended as follows:

\(1\) Subsection (a) is amended by striking paragraphs (1), (2), (3),
and (4) and inserting after A(a) GENERAL AUTHORITY." C the following:

> A(1) IN GENERAL.C To the extent necessary or appropriate to the
> enforcement of this Act or to the imposition of any penalty,
> forfeiture, or liability arising under this ActC
>
> A(A) the head of any department or agency exercising any function
> under this Act (and officers or employees of such department or agency
> specifically designated by the head thereof) may conduct
> investigations within the United States;
>
> A(B) the Secretary of Homeland Security (and officers or employees of
> U.S. Immigration and Customs Enforcement specifically designated by
> the Secretary of the Department of Homeland Security) and the
> Secretary of Commerce (and officers and employees of the Office of
> Export Enforcement of the Department of Commerce specifically
> designated by the Secretary) may conduct investigations outside of the
> United States;
>
> A(C) the head of any department or agency exercising any function
> under this Act (and such officers or employees) may obtain information
> from, require reports or the keeping of records by, inspect the books,
> records, and other writings, premises, or property of, and take the
> sworn testimony of, any person;
>
> A(D)(i) such officers or employees may administer oaths or
> affirmations, and may by subpoena require any person to appear and
> testify or to appear and produce books, records, and other writings,
> or both; and
>
> A(ii) in the case of contumacy by, or refusal to obey a subpoena
> issued to, any such person, a district court of the United States,
> after notice to any such person and hearing, shall have jurisdiction
> to issue an order requiring such person to appear and give testimony
> or to appear and produce books, records, and other writings, or both,
> and any failure to obey such order of the court may be punished by
> such court as a contempt thereof; and
>
> A(E) the Secretary (and officers or employees of the Department of
> Commerce designated by the Secretary) may conduct, outside the United
> States, pre-license investigations and post-shipment verifications of
> items licensed for export.
>
> A(2) AUTHORITY OF IMMIGRATION AND CUSTOMS ENFORCEMENT AND CUSTOMS AND
> BORDER PROTECTION.C
>
> A(A) IN GENERAL.C Subject to subparagraph (B), U.S. Immigration and
> Customs Enforcement and U.S. Customs and Border Protection are
> authorized, in the enforcement of this ActC
>
> A(i) to search, detain (after search), and seize goods or technology
> at those places outside the United States where such entities are
> authorized, pursuant to agreements or other arrangements with other
> countries, to perform enforcement activities; and
>
> A(ii) to conduct such activities at those ports of entry or exit from
> the United States where officers of U.S. Immigration and Customs
> Enforcement and U.S. Customs and Border Protection are authorized by
> law to conduct such activities.
>
> A(B) SEARCHES AND SEIZURES.C An officer of U.S. Immigration and
> Customs Enforcement or U.S. Customs and Border Protection may do the
> following in carrying out enforcement authority under this Act:
>
> A(i) Stop, search, and examine a vehicle, vessel, aircraft, person,
> package or container;
>
> "(ii) Detain (after search) or seize and secure for trial any goods or
> technology on or about such vehicle, vessel, aircraft, or person, or
> in such package or container; and
>
> "(iii) Make arrests without warrant for any violation of this Act
> committed in his or her presence or view or if the officer has
> probable cause to believe that the person to be arrested has committed
> or is committing such a violation.
>
> A(C) ARREST AUTHORITY.C The arrest authority conferred by subparagraph
> (B)(iii) is in addition to any arrest authority under other laws.
>
> A(D) DETENTION OF GOODS. C U.S. Immigration and Customs Enforcement
> and U.S. Customs and Border Protection may not detain for more than 45
> days any shipment of goods or technology eligible for export without a
> Department of Commerce license. In a case in which such detention is
> on account of a disagreement between the Secretary and the head of any
> other department or agency with export license authority under other
> provisions of law concerning the export license requirements for such
> goods or technology, such disagreement shall be resolved within that
> 45-day period. At the end of that 45-day period, U.S. Immigration and
> Customs Enforcement or U.S. Customs and Border Protection (as the case
> may be) shall either release the goods or technology, or seize the
> goods or technology as authorized by other provisions of law.

A(3) ENFORCEMENT.C

A(A) IN GENERAL.C Subject to subparagraph (B)C

> A(i) the Secretary shall have the responsibility for the enforcement
> of section 8;
>
> A(ii) in the enforcement of the other provisions of this Act, the
> Secretary is authorized to search, detain (after search), and seize
> goods or technologyC
>
> A(I) at those places within the United States other than those ports
> specified in paragraph (2)(A); and
>
> A(II) at those places outside the United States where the Office of
> Export Enforcement of the Department of Commerce, pursuant to
> agreements or other arrangements with other countries, is authorized
> to perform enforcement activities;
>
> A(iii) the search, detention (after search), or seizure of goods or
> technology at those ports and places specified in paragraph (2)(A) may
> be conducted by officers or employees of the Department of Commerce
> designated by the Secretary, with the concurrence of the Secretary of
> Homeland Security; and
>
> A(iv) enforcement activities conducted outside the United States,
> except for pre-license investigations and post-shipment verifications,
> shall be undertaken with the concurrence of the Secretary of Homeland
> Security.
>
> A(B) AUTHORITY OF OFFICE OF EXPORT ENFORCEMENT.C The Secretary may
> designate any employee of the Office of Export Enforcement of the
> Department of Commerce to do the following in carrying out the
> enforcement authority conferred by this Act:
>
> A(i) Execute any warrant or other process issued by a court or officer
> of competent jurisdiction.
>
> A(ii) Make arrests without warrant for any offense against the United
> States committed in such officer=s presence or view or any felony
> offense against the United States if such officer has probable cause
> to believe that the person to be arrested has committed or is
> committing that felony offense.
>
> A(iii) Carry firearms.
>
> A(4) ATTORNEY GENERAL GUIDELINES.C The authorities conferred by the
> Export Enforcement Act of 2007 under paragraph (3) shall be exercised
> consistent with guidelines approved by the Attorney General.@

\(2\) Subsection (a) is further amendedC

> \(A\) by striking paragraphs (6), (7), and (8); and
>
> \(B\) by inserting after paragraph (5) the following:

A(6) BEST PRACTICES GUIDELINES.C

> A(A) IN GENERAL.C The Secretary, in consultation with the technical
> advisory committees established under section 5(h) and exporters,
> shippers, trade facilitators, freight forwarders, and reexporters
> representative of their respective industries, shall continue to
> publish and update \>best practices= guidelines to help those
> industries develop and implement, on a voluntary basis, effective
> export control programs in compliance with this Act.
>
> A(B) EXPORT COMPLIANCE PROGRAM.C The existence of an effective export
> compliance program and high quality overall export compliance efforts
> is one factor which ordinarily should be accorded great weight as a
> mitigating factor in civil penalty enforcement actions under this Act.
>
> A(7) REFERENCE TO ENFORCEMENT.C For purposes of this section, a
> reference to the enforcement of this Act or to a violation of this Act
> includes a reference to the enforcement or a violation of any
> regulation, order, or license issued under this Act, and the
> enforcement or violation of the Export Administration Regulations as
> maintained and amended under the authority of the International
> Emergency Economic Powers Act (50 U.S.C. §§ 1701 et seq.), or any
> order or license issued pursuant to those regulations.@

\(3\) Subsection (c) is amendedC

\(A\) by striking A(c) CONFIDENTIALITY@ and all that follows through
paragraph (1), inserting the following:

> A(c) CONFIDENTIALITY OF INFORMATION.C

A(1) EXEMPTIONS FROM DISCLOSURE.C

> A(A) INFORMATION OBTAINED ON OR BEFORE JUNE 30, 1980.C Except as
> otherwise provided by the third sentence of section 8(b)(2) and by
> section 11(c)(2)(C), information obtained under this Act, or any
> predecessor statute, on or before June 30, 1980, which is deemed
> confidential, including Shipper=s Export Declarations, or with respect
> to which a request for confidential treatment is made by the person
> furnishing such information, shall not be subject to disclosure under
> section 552 of Title 5, United States Code, and such information shall
> not be published or disclosed, unless the Secretary determines that
> the withholding thereof is contrary to the national interest.
>
> A(B) INFORMATION OBTAINED AFTER JUNE 30, 1980.C Except as otherwise
> provided by the third sentence of section 8(b)(2) and by section
> 11(c)(2)(C), information obtained under this Act after June 30, 1980,
> or under the Export Administration Regulations as maintained and
> amended under the authority of the International Emergency Economic
> Powers Act (50 U.S.C. §§ 1701 et seq.), may be withheld from
> disclosure only to the extent permitted by statute, except that
> information submitted or obtained in connection with an application
> for an export license, other export authorization (or recordkeeping or
> reporting requirement), enforcement activity, or other operations
> under this Act, or under the Export Administration Regulations as
> maintained and amended under the authority of the International
> Emergency Economic Powers Act, includingC
>
> A(i) the export license or other export authorization itself,
>
> A(ii) classification requests described in section 10(l), and
> commodity jurisdiction requests,
>
> A(iii) information or evidence obtained in the course of any
> investigation by an employee or officer of the Department Commerce or
> any other department or agency of the United States,
>
> A(iv) information obtained or furnished under section 5 or 6 in
> connection with any international agreement, treaty, or other
> obligation, and
>
> A(v) information obtained in any investigation of an alleged violation
> of section 8, except for information required to be disclosed by
> section 8(b)(2),
>
> shall be withheld from public disclosure and shall not be subject to
> disclosure under section 552 of Title 5, United States Code, unless
> the release of such information is determined by the Secretary to be
> in the national interest.
>
> A(2) WITHHOLDING OF INFORMATION BARRED.C Nothing in this Act shall be
> construed as authorizing the withholding of information from other
> federal agencies for the enforcement of this Act, any regulation,
> rule, order, or license issued under the International Emergency
> Economic Powers Act, or any other provision of law.".
>
> \(B\) by redesignating paragraphs (2) and (3) as paragraphs (3) and
> (4),
>
> \(C\) in paragraph (3), as redesignated, by striking "under this Act
> or previous Acts" each place it appears and inserting "under this Act,
> previous Acts, or under the Export Administration Regulations as
> maintained and amended under
>
> the authority of the International Emergency Economic Powers Act (50
> U.S.C. §§ 1701 et seq.)".

\(D\) in paragraph (4) as redesignatedC

> \(i\) by striking A(3) Any@ and inserting A(4) INFORMATION
> SHARING.CAny@;
>
> \(ii\) by moving the text of paragraph (4) two spaces to the right;
> and
>
> \(iii\) by striking ACommissioner of Customs@ each place it appears
> and inserting ASecretary of Homeland Security@.

\(4\) Section 12 is further amended by adding at the end the following
new subsections:

> A(f) FORFEITURE.C
>
> A(1) IN GENERAL.C Any tangible items lawfully seized under
> subsection (a) by designated officers or employees shall be subject to
> forfeiture to the United States.
>
> A(2) PROCEDURES.CAny seizure or forfeiture under this subsection shall
> be made in accordance with the procedures of section 981 of Title 18.

A(g) UNDERCOVER INVESTIGATION OPERATIONS.C

> A(1) USE OF FUNDS.CWith respect to any undercover investigative
> operation conducted by the Office of Export Enforcement of the
> Department of Commerce that is necessary for the detection and
> prosecution of violations of this ActC
>
> A(A) funds made available for export enforcement under this Act may be
> used to purchase property, buildings, and other facilities, and to
> lease equipment, conveyances, and space within the United States,
> without regard to sections 1341 and 3324 of Title 31, United States
> Code, section 8141 of Title 40, United States Code, sections 3732(a)
> and 3741 of the Revised Statutes of the United States (41 U.S.C.
> §§ 11(a) and 22), and sections 304(a), 304A, 304B, 304C, and 305 of
> the Federal Property and Administrative Services Act of 1949 (41
> U.S.C. §§ 254(a), 254b, 254c, 254d, and 255);
>
> A(B) funds made available for export enforcement under this Act may be
> used to establish or to acquire proprietary corporations or business
> entities as part of an undercover operation, and to operate such
> corporations or business entities on a commercial basis, without
> regard to sections 1341, 3324, and 9102 of Title 31, United States
> Code;
>
> A(C) funds made available for export enforcement under this Act and
> the proceeds from undercover operations may be deposited in banks or
> other financial institutions without regard to section 648 of Title
> 18, United States Code, and section 3302 of Title 31, United States
> Code; and
>
> A(D) the proceeds from undercover operations may be used to offset
> necessary and reasonable expenses incurred in such operations without
> regard to section 3302 of Title 31, United States Code, if the
> Secretary certifies, in writing, that the action authorized by
> subparagraph (A), (B), (C), or (D) for which the funds would be used
> is necessary for the conduct of the undercover operation.
>
> A(2) DISPOSITION OF BUSINESS ENTITIES.CIf a corporation or business
> entity established or acquired as part of an undercover operation has
> a net value of more than \$250,000 and is to be liquidated, sold, or
> otherwise disposed of, the Secretary shall report the circumstances to
> the Comptroller General of the United States as much in advance of
> such disposition as the Secretary determines is practicable. The
> proceeds of the liquidation, sale, or other disposition, after
> obligations incurred by the corporation or business enterprise are
> met, shall be deposited in the Treasury of the United States as
> miscellaneous receipts. Any property or equipment purchased pursuant
> to paragraph (1) may be retained for subsequent use in undercover
> operations under this section. When such property or equipment is no
> longer needed, it shall be considered surplus and disposed of as
> surplus government property.
>
> A(3) DEPOSIT OF PROCEEDS.C As soon as the proceeds from an undercover
> investigative operation of the Office of Export Enforcement of the
> Department of Commerce with respect to which an action is authorized
> and carried out under this subsection are no longer needed for the
> conduct of such operation, the proceeds or the balance of the proceeds
> remaining at the time shall be deposited into the Treasury of the
> United States as miscellaneous receipts.
>
> A(h) AUTHORIZATION FOR BUREAU OF INDUSTRY AND SECURITY.C The Secretary
> may authorize, without fiscal year limitation, the expenditure of
> funds transferred to, paid to, received by, or made available to the
> Bureau of Industry and Security of the Department of Commerce as a
>
> reimbursement in accordance with section 9703 of Title 31, United
> States Code (as added by Public Law 102B393).".

**SEC. 5. ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW.**

Section 13(a) of the Export Administration Act of 1979 (50 U.S.C. App. §
2412(a)) is amended in the first sentence by inserting Aor under the
Export Administration Regulations as maintained and amended under the
authority of the International Emergency Economic Powers Act (50 U.S.C.
§§ 1701 et seq.)@ after Aunder this Act@.

**SEC. 6. ADMINISTRATIVE AND REGULATORY AUTHORITY.**

Section 15(a) of the Export Administration Act of 1979 (50 U.S.C. App. §
2414(a)) is amended in the first sentenceC

> \(1\) by striking AUnder Secretary of Commerce for Export
> Administration@ and inserting AUnder Secretary of Commerce for
> Industry and Security@; and
>
> \(2\) by striking Asuch other statutes@ and all that follows through
> the end of the sentence and inserting Aother statutes that the
> Secretary has delegated to the Under Secretary of Commerce for
> Industry and Security or any predecessor (including the Under
> Secretary of Commerce for Export Administration and the Assistant
> Secretary of Commerce for Trade Administration) as of the date of the
> enactment of the Export Enforcement Act of 2007, or may delegate to
> the Under Secretary of Commerce for Industry and Security from time to
> time.@

**SEC. 7. AUTHORIZATION OF APPROPRIATIONS.**

Section 18 of the Export Administration Act of 1979 (50 U.S.C. App. §
2417) is amended to read as follows:

"AUTHORIZATION OF APPROPRIATIONS

ASEC. 18. There are authorized to be appropriated to the Department of
Commerce to carry out the purposes of this Act \$78,582,000 for the
fiscal year 2007; \$78,776,000 for the fiscal year 2008; and such sums
as may be necessary to carry out the purposes of this Act for the fiscal
years 2009, 2010, and 2011.@

**SEC. 8. TERMINATION DATE.**

Section 20 of the Export Administration Act of 1979 (50 U.S.C. App. §
2419) is amended to read as follows:

ATERMINATION DATE

ASEC. 20. The authority granted by this Act terminates at the end of the
five-year period beginning on the date of the enactment of the Export
Enforcement Act of 2007, except that the authority granted by sections
11 and 12 of this Act shall not terminate.@

**SEC. 9. TECHNICAL AND CONFORMING AMENDMENTS.**

> \(a\) WIRETAPPING.CSection 2516(1) of Title 18, United States Code, is
> amendedC
>
> \(1\) by striking the text of subsection (m) and inserting "any
> violation of the Export Administration Act of 1979, as amended, or of
> the International Emergency Economic Powers Act, as amended;";
>
> \(2\) by inserting in subsection (p) after "Immigration and
> Nationality Act",
>
> "(8 U.S.C. §§ 1324, 1327, or 1328)".
>
> \(b\) PAY OF UNDER SECRETARY.C Section 5314 of Title 5, United States
> Code, is

amended by striking AUnder Secretary of Commerce for Export
Administration@ and inserting AUnder Secretary of Commerce for Industry
and Security@.

> \(c\) AMENDMENTS TO TITLE 31, UNITED STATES CODE.C
>
> \(1\) Section 9703(a) of Title 31, United States Code (as added by
> Public Law
>
> 102B393), is amended in the matter preceding paragraph (1), by
> striking Aor the United States Coast Guard@ and inserting, A, the
> United States Coast Guard, or the Bureau of Industry and Security of
> the Department of Commerce@.
>
> \(2\) Section 9703(o)(1) of Title 31, United States Code (as added by
> Public Law
>
> 102B393) is amended by adding at the end the following: AIn addition,
> for purposes of this section, the Bureau of Industry and Security of
> the Department of Commerce shall be considered to be a Department of
> the Treasury law enforcement organization.@.
>
> \(d\) CIVIL FORFEITURE PROCEEDINGS.C Section 983(i)(2) of Title 18,
> United States

Code, is amendedC

> \(1\) by striking Aor@ at the end of subparagraph (D);
>
> \(2\) by striking the period at the end of subparagraph (E) and
> inserting A; or@; and (3) by adding at the end the following new
> subparagraph:
>
> A(F) the Export Administration Act of 1979, as amended.@.
>
> \(e\) CLERICAL AMENDMENT.CParagraph (3) of section 11A(k) of the
> Export

Administration Act of 1979 (50 U.S.C. App. § 2410A(k)(3)) is amendedC

> \(1\) by redesignating that paragraph as paragraph (2); and
>
> \(2\) by striking reference to Aparagraph (2)@ and inserting
> Aparagraph (1)@.
>
> \(f\) ARMS EXPORT CONTROL ACT.CThe Arms Export Control Act (sections
> 38(e)
>
> and 40(k) of Title 22, United States Code), is amended as follows:
>
> \(1\) in section 38(e) (22 U.S.C. § 2778(e)), by striking "subsections
> (c), (d), (e) and (g)" and inserting "subsections (b), (c), (d) and
> (e)" in its place; and
>
> \(2\) in section 40(k) (22 U.S.C. § 2780(k)), by striking "11(c),
> 11(e) , 11(g)" and
>
> inserting "11(b), 11(c), 11(e)" in its place.
>
> \(g\) TARIFF ACT OF 1930.CThe Tariff Act of 1930 (section 1595a of
> Title 19, United States Code) is amended by inserting the following
> new subsection:
>
> "(e) Every person involved in a violation of subsection (d) shall be
> liable for a penalty up to the value of the article or articles
> exported or attempted to be exported, or \$2500.00, whichever is
> greater.".