; (C) summarizing major actions taken under this section in the previous year, including enforcement actions taken and penalties imposed; (D) evaluating the effectiveness of the Department of Justice in enforcing this section; and (E) detailing what resources or legislative action the Department of Justice needs to ensure adequate enforcement of this section. (5) Rule of construction This subsection shall not be construed as encompassing conduct that would violate section 30A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78dd–1 ) or section 104 or 104A of the Foreign Corrupt Practices Act of 1977 ( 15 U.S.C. 78dd–2