Definition of willfully; certain evidence inadmissible to prove willfulness

Section 923(e) of title 18, United States Code, as amended by section 2(a) of this Act, is amended by adding at the end the following: (5) For purposes of this subsection, the term willfully means, with respect to conduct of an individual who holds a license or is designated in the records of the Attorney General as a responsible party under a specific license, that the person— (A) had actual knowledge of a clearly established legal duty; (B) understood the obligation imposed by the legal duty; and (C) engaged in the conduct knowingly and in deliberate disregard of the legal duty. (6) Evidence that a person has received a document or other communication containing information about a requirement imposed by or under this chapter and evidence that the person has signed an acknowledgment that the person understands the legal obligations of the person under this chapter shall not be admissible as part of the determination of the Attorney General, in an administrative law hearing or in a court of law, to prove actual knowledge and shall not be admissible as evidence to establish a willful violation of this chapter. (7) Evidence that a person has substantial experience as a licensee, or has in other instances successfully complied with this chapter, shall not be admissible as part of the determination of the Attorney General, in an administrative law hearing or in a court of law, to prove actual knowledge and shall not be admissible as evidence to established a willful violation of this chapter. (8) In determining under this subsection whether conduct of a licensee was willful, the entire historical administrative record of the licensee shall be considered..