Page:United States Statutes at Large Volume 116 Part 2.djvu/674

 116 STAT. 1456 PUBLIC LAW 107-228—SEPT. 30, 2002 from the date of the final order). No such action may be commenced more than 5 years after the date the order imposing the civil penalty becomes final. In such action, the validity, amount, and appropriateness of such penalty shall not be subject to review. "(3) REMISSION OR MITIGATION OF PENALTIES.— The Secretary may remit or mitigate any penalties imposed under paragraph (1) if, in the Secretary's opinion— "(A) the penalties were incurred without willful negligence or fraud; or "(B) other circumstances exist that justify a remission or mitigation. "(4) APPLICABLE LAW FOR DELEGATED FUNCTIONS.— If, pursuant to section 306, the Secretary delegates functions under this section to another agency, the provisions of law of that agency relating to penalty assessment, remission or mitigation of such penalties, collection of such penalties, and limitations of actions and compromise of claims, shall apply. "(5) DEPOSIT OF PAYMENTS IN GENERAL FUND OF THE TREASURY.— Any amount paid in satisfaction of a civil penalty imposed under this section or section 304 shall be deposited into the general fund of the Treasury and credited as miscellaneous receipts. "(d) ENFORCEMENT. — "(1) BY THE SECRETARY OF COMMERCE.—The Secretary of Commerce may designate officers or employees of the Office of Export Enforcement to conduct investigations pursuant to this chapter. In conducting such investigations, those officers or employees may, to the extent necessary or appropriate to the enforcement of this chapter, exercise such authorities as are conferred upon them by other laws of the United States, subject to policies and procedures approved by the Attorney General. "(2) BY THE COMMISSIONER OF CUSTOMS.— The Commissioner of Customs may designate officers or employees of the Customs Service to enforce the provisions of this chapter, or to conduct investigations pursuant to this chapter. "(e) REGULATIONS. — The Secretary of Commerce shall promulgate regulations for the implementation and enforcement of this section. "(f) EXEMPTION. — The criminal fines provided for in this section are exempt from the provisions of section 3571 of title 18, United States Code.". (2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 9 of title 13, United States Code, is amended by striking the item relating to section 305 and inserting the following: "305. Penalties for unlawful export information activities.". SEC. 1405. ADJUSTMENT OF THRESHOLD AMOUNTS FOR CONGRES- SIONAL REVIEW PURPOSES. (a) IN GENERAL. —The Arms Export Control Act is amended— (1) in section 3(d) (22 U.S.C. 2753(d))— (A) in paragraphs (1) and (3)(A), by striking 'The President may not" and inserting "Subject to paragraph (5), the President may not"; and

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