[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2000 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2000

To amend and extend the Export Administration Act of 1979 and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2007

  Mr. Dodd (by request) introduced the following bill; which was read 
  twice and referred to the Committee on Banking, Housing, and Urban 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
To amend and extend the Export Administration Act of 1979 and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Export 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 ``Under Secretary of Commerce 
for Export Administration'' and inserting ``Under 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 amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) Criminal Penalties.--
            ``(1) Violations by an individual.--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 such 
        violation.
            ``(2) Violations by a person other than an individual.--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 for each such violation an amount equal to 
        the greater of--
                    ``(A) up to 10 times the value of the exports 
                involved; or
                    ``(B) $5,000,000.
    ``(b) Forfeiture of Property Interest and Proceeds.--
            ``(1) Criminal forfeiture.--Any person who is convicted of 
        a violation under paragraph (1) or (2) of subsection (a) shall, 
        in addition to any penalty, forfeit to the United States such 
        person's--
                    ``(A) security or other interest in, claim against, 
                or property or contractual rights of any kind in, the 
                real or personal property that was the subject of the 
                violation;
                    ``(B) interest in any property, real or personal, 
                constituting or traceable to gross profits or other 
                proceeds obtained from such violation; and
                    ``(C) interest in any property, real or personal, 
                used or intended to be used to commit or to promote the 
                commission of such violation.
            ``(2) Civil forfeiture.--Any property subject to forfeiture 
        pursuant to paragraph (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, United States Code.'';
            (2) in subsection (c), by striking paragraph (1) and 
        inserting the following:
            ``(1) Civil penalty.--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:
    ``(g) Violations Defined by Regulation.--Nothing in this section 
shall limit the authority of the Secretary to define by regulation 
violations under this Act.
    ``(h) Effect of Other Convictions.--
            ``(1) Denial of export privileges.--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.
            ``(2) Violations.--The violations referred to in paragraph 
        (1) are a violation of--
                    ``(A) a provision of this Act;
                    ``(B) a provision of the International Emergency 
                Economic Powers Act (50 U.S.C. 1701 et seq.);
                    ``(C) section 793, 794, or 798 of title 18, United 
                States Code;
                    ``(D) section 4(b) of the Internal Security Act of 
                1950 (50 U.S.C. 783(b));
                    ``(E) section 38 of the Arms Export Control Act (22 
                U.S.C. 2778);
                    ``(F) section 16 of the Trading with the Enemy Act 
                (50 U.S.C. App. 16);
                    ``(G) any regulation, license, or order issued 
                under any provision of law listed in subparagraph (A), 
                (B), (C), (D), (E), or (F);
                    ``(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;
                    ``(I) section 175 of title 18, United States Code;
                    ``(J) a provision of the Atomic Energy Act of 1954 
                (42 U.S.C. 201 et seq.);
                    ``(K) section 831 of title 18, United States Code;
                    ``(L) sections 2332a, 2332b, 2332d, 2332g, and 
                2332h of title 18, United States Code;
                    ``(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;
                    ``(N) sections 2339A, 2339B, and 2339C of title 18, 
                United States Code;
                    ``(O) section 554 of title 18, United States Code, 
                (relating to smuggling goods from the United States) as 
                added by section 331(a) of Public Law 109-177; or
                    ``(P) section 554 of title 18, United States Code, 
                (relating to border tunnels and passages) as added by 
                section 551 of Public Law 109-295.
            ``(3) Related persons.--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 finding that such 
        relationship exists with the convicted person. The Secretary 
        shall make such finding only after providing notice and 
        opportunity for a hearing.''; and
            (4) by adding at the end the following new subsection:
    ``(j) Statute of Limitations.--
            ``(1) In general.--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 violation was 
        committed.
            ``(2) Exception.--
                    ``(A) Tolling.--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 limit 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.
                    ``(B) Duration.--The tolling of the limitation with 
                respect to a person under subparagraph (A) shall be for 
                a period of 6 months beginning on the date of whichever 
                of the following events occurs last:
                            ``(i) The date the person is convicted 
                        pursuant to the criminal indictment or criminal 
                        information.
                            ``(ii) The date the indictment or the 
                        information against the person is dismissed.
                            ``(iii) The date the criminal action 
                        against the person is otherwise concluded.''.

SEC. 4. ENFORCEMENT.

    Section 12 of the Export Administration Act of 1979 (50 U.S.C. App. 
2411) is amended--
            (1) in subsection (a), by striking paragraphs (1), (2), 
        (3), and (4) and inserting the following:
            ``(1) In general.--To the extent necessary or appropriate 
        for the enforcement of this Act or for the imposition of any 
        penalty, forfeiture, or liability arising under this Act--
                    ``(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;
                    ``(B) the Secretary of Homeland Security (and 
                officers or employees of the United States Immigration 
                and Customs Enforcement specifically designated by the 
                Secretary 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 of Commerce) 
                may conduct investigations outside of the United 
                States;
                    ``(C) the head of any department or agency 
                exercising any function under this Act (and the 
                officers or employees of such department or agency) 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;
                    ``(D)(i) the officers or employees of such 
                department or agency 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
                    ``(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
                    ``(E) the Secretary of Commerce (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.
            ``(2) Authority of immigration and customs enforcement and 
        customs and border protection.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                U.S. Immigration and Customs Enforcement and the U.S. 
                Customs and Border Protection are authorized, in the 
                enforcement of this Act--
                            ``(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
                            ``(ii) to conduct such activities at those 
                        ports of entry or exit from the United States 
                        where officers of the U.S. Immigration and 
                        Customs Enforcement and the U.S. Customs and 
                        Border Protection are authorized by law to 
                        conduct such activities.
                    ``(B) Searches and seizures.--An officer of the 
                U.S. Immigration and Customs Enforcement or the U.S. 
                Customs and Border Protection may conduct the following 
                activities in carrying out enforcement authority under 
                this Act:
                            ``(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.
                            ``(iii) Make arrests without warrant for 
                        any violation of this Act committed in the 
                        presence or view of the officer or if the 
                        officer has probable cause to believe that the 
                        person to be arrested has committed or is 
                        committing such a violation.
                    ``(C) Arrest authority.--The arrest authority 
                conferred by subparagraph (B)(iii) is in addition to 
                any arrest authority under any other provision of law.
                    ``(D) Detention of goods.--The U.S. Immigration and 
                Customs Enforcement and the U.S. Customs and Border 
                Protection may not detain for more than 45 days any 
                shipment of goods or technology that may be exported 
                without a license issued by the Department of Commerce. 
                In any case in which the goods are detained as the 
                result of a disagreement between the Secretary, and the 
                head of any other department or agency with export 
                licensing authority under any other provision of law, 
                regarding issuance of an export license for the goods 
                or technology, the disagreement shall be resolved 
                within that 45-day period. At the end of that 45-day 
                period, the U.S. Immigration and Customs Enforcement 
                and the 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 law.
            ``(3) Enforcement.--
                    ``(A) In general.--Subject to subparagraph (B)--
                            ``(i) the Secretary shall have the 
                        responsibility for the enforcement of section 
                        8;
                            ``(ii) in the enforcement of any other 
                        provision of this Act, the Secretary is 
                        authorized to search, detain (after search), 
                        and seize goods or technology--
                                    ``(I) at places within the United 
                                States other than the ports specified 
                                in paragraph (2)(A); and
                                    ``(II) at 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;
                            ``(iii) the search, detention (after 
                        search), or seizure of goods or technology at 
                        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
                            ``(iv) enforcement activities conducted 
                        outside the United States, except for pre-
                        license investigations and post-shipment 
                        verifications, shall be conducted with the 
                        concurrence of the Secretary of Homeland 
                        Security.
                    ``(B) Authority of office of export enforcement.--
                The Secretary may designate any employee of the Office 
                of Export Enforcement of the Department of Commerce to 
                do the following in carrying out enforcement authority 
                under this Act:
                            ``(i) Execute any warrant or other process 
                        issued by a court or officer of competent 
                        jurisdiction.
                            ``(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.
                            ``(iii) Carry firearms.
            ``(4) Attorney general guidelines.--The authority conferred 
        by paragraph (3) shall be exercised consistent with guidelines 
        approved by the Attorney General.'';
            (2) in subsection (a), as amended by paragraph (1), by 
        striking paragraphs (6), (7), and (8) and inserting after 
        paragraph (5) the following:
            ``(6) Best practices guidelines.--
                    ``(A) In general.--The Secretary, in consultation 
                with the technical advisory committees established 
                under section 5(h), and representative exporters, 
                shippers, trade facilitators, freight forwarders, and 
                reexporters, shall continue to publish and update `best 
                practices' guidelines to help industries develop and 
                implement, on a voluntary basis, effective export 
                control programs in compliance with this Act.
                    ``(B) Export compliance program.--The existence of 
                an effective export compliance program and high quality 
                overall export compliance effort is one of the factors 
                that ordinarily should be given weight as a mitigating 
                factor in a civil penalty action under this Act.
            ``(7) Reference to enforcement.--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) in subsection (c)--
                    (A) by striking the heading and inserting the 
                following: ``Confidentiality of Information.--''
                    (B) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively;
                    (C) by striking paragraph (1) and inserting the 
                following:
            ``(1) Exemptions from disclosure.--
                    ``(A) Information obtained on or before june 30, 
                1980.--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 withholding such 
                information is contrary to the national interest.
                    ``(B) Information obtained after june 30, 1980.--
                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, including--
                            ``(i) the export license or other export 
                        authorization itself;
                            ``(ii) classification requests described in 
                        section 10(l), and commodity jurisdiction 
                        requests;
                            ``(iii) information or evidence obtained in 
                        the course of any investigation by an employee 
                        or officer of the Department of Commerce or any 
                        other department or agency of the United 
                        States;
                            ``(iv) information obtained or furnished 
                        under section 5 or 6 in connection with any 
                        international agreement, treaty, or other 
                        obligation; and
                            ``(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.
            ``(2) Withholding of information from federal agencies 
        barred.--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.'';
                    (D) in paragraph (3), as redesignated--
                            (i) 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.)'';
                            (ii) by striking ``the General Accounting 
                        Office'' each place it appears and inserting 
                        ``the Government Accountability Office''; and
                            (iii) by moving the text 2 ems to the 
                        right; and
                    (E) in paragraph (4), as redesignated--
                            (i) by striking ``(4) Any'' and inserting 
                        the following:
            ``(4) Information sharing.--Any'';
                            (ii) by moving the text 2 ems to the right; 
                        and
                            (iii) by striking ``Commissioner of 
                        Customs'' each place it appears and inserting 
                        ``Secretary of Homeland Security''; and
            (4) by adding at the end the following new subsections:
    ``(f) Forfeiture.--
            ``(1) In general.--Any tangible items lawfully seized under 
        subsection (a) by designated officers or employees shall be 
        subject to forfeiture to the United States.
            ``(2) Procedures.--Any seizure or forfeiture under this 
        subsection shall be made in accordance with the procedures of 
        section 981 of title 18, United States Code.
    ``(g) Undercover Investigation Operations.--
            ``(1) Use of funds.--In the case of 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 a violation of this Act--
                    ``(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);
                    ``(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;
                    ``(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
                    ``(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 
                (or the Secretary's designee) 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.
            ``(2) Disposition of business entities.--If 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.
            ``(3) Deposit of proceeds.--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.
    ``(h) Authorization for Bureau of Industry and Security.--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 102-393).''.

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 ``, 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.),'' after ``under 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 sentence--
            (1) by striking ``Under Secretary of Commerce for Export 
        Administration'' and inserting ``Under Secretary of Commerce 
        for Industry and Security''; and
            (2) by striking ``such other statutes'' and all that 
        follows through the end period and inserting ``other 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:

``SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Department of 
Commerce to carry out this Act--
            ``(1) $78,776,000 for fiscal year 2008; and
            ``(2) such sums as may be necessary for each of the fiscal 
        years 2009, 2010, 2011, and 2012.''.

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:

``SEC. 20. TERMINATION DATE.

    ``The authority granted by this Act shall terminate at the end of 
the 5-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.--Section 2516(1) of title 18, United States Code, 
is amended--
            (1) by amending subsection (m) to read as follows:
            ``(m) any violation of the Export Administration Act of 
        1979 or of the International Emergency Economic Powers Act;''; 
        and
            (2) in subsection (p), by inserting ``(8 U.S.C. 1324, 1327, 
        or 1328)'' after ``Immigration and Nationality Act''.
    (b) Pay of Under Secretary.--Section 5314 of title 5, United States 
Code, is amended by striking ``Under Secretary of Commerce for Export 
Administration'' and inserting ``Under Secretary of Commerce for 
Industry and Security''.
    (c) Amendments to Title 31, United States Code.--
            (1) Section 9703(a) of title 31, United States Code (as 
        added by Public Law 102-393), is amended in the matter 
        preceding paragraph (1), by striking ``or the United States 
        Coast Guard'' and inserting, ``, 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 102-393) is amended by adding at the end 
        the following: ``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.--Section 983(i)(2) of title 18, 
United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(F) the Export Administration Act of 1979.''.
    (e) Clerical Amendment.--Section 11A(k) of the Export 
Administration Act of 1979 (50 U.S.C. App. 2410A(k)) is amended--
            (1) by redesignating paragraph (3) as paragraph (2); and
            (2) in paragraph (2), as redesignated, by striking 
        ``paragraph (2)'' and inserting ``paragraph (1)''.
    (f) Arms Export Control Act.--The Arms Export Control Act (22 
U.S.C. 2771 et seq.) is amended--
            (1) in section 38(e) (22 U.S.C. 2778(e)), by striking 
        ``subsections (c), (d), (e), and (g)'' and inserting ``(b), 
        (c), (d), and (e)''; 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)''.
    (g) Tariff Act of 1930.--Section 596 of the Tariff Act of 1930 (19 
U.S.C. 1595A) is amended by adding at the end 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 articles exported or 
attempted to be exported, or $2,500, whichever is greater.''.
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