Chapter 1, Section 114, Subsection (u) · 49 U.S.C. Chapter 1

Contents

(u)

(1)

(A)This subsection applies to the enforcement of regulations prescribed, and orders issued, by the Secretary of Homeland Security under a provision of chapter 701 of title 46 and under a provision of this title other than a provision of chapter 449 (in this subsection referred to as an “applicable provision of this title”).

(B)The penalties for violations of regulations prescribed and orders issued by the Secretary of Homeland Security or the Administrator under chapter 449 of this title are provided under chapter 463 of this title.

(C)

(i)Paragraphs (2) through (5) do not apply to violations of regulations prescribed, and orders issued, by the Secretary of Homeland Security under a provision of this title—

(I)involving the transportation of personnel or shipments of materials by contractors where the Department of Defense has assumed control and responsibility;

(II)by a member of the armed forces of the United States when performing official duties; or

(III)by a civilian employee of the Department of Defense when performing official duties.

(ii)Violations described in subclause (I), (II), or (III) of clause (i) shall be subject to penalties as determined by the Secretary of Defense or the Secretary of Defense’s designee.

(2)

(A)A person is liable to the United States Government for a civil penalty of not more than $10,000 for a violation of a regulation prescribed, or order issued, by the Secretary of Homeland Security under an applicable provision of this title.

(B)A separate violation occurs under this paragraph for each day the violation continues.

(3)

(A)The Secretary of Homeland Security may impose a civil penalty for a violation of a regulation prescribed, or order issued, under an applicable provision of this title. The Secretary shall give written notice of the finding of a violation and the penalty.

(B)In a civil action to collect a civil penalty imposed by the Secretary of Homeland Security under this subsection, a court may not re-examine issues of liability or the amount of the penalty.

(C)The district courts of the United States shall have exclusive jurisdiction of civil actions to collect a civil penalty imposed by the Secretary of Homeland Security under this subsection if—

(i)the amount in controversy is more than—

(I)$400,000, if the violation was committed by a person other than an individual or small business concern; or

(II)$50,000 if the violation was committed by an individual or small business concern;

(ii)the action is in rem or another action in rem based on the same violation has been brought; or

(iii)another action has been brought for an injunction based on the same violation.

(D)The maximum civil penalty the Secretary of Homeland Security administratively may impose under this paragraph is—

(i)$400,000, if the violation was committed by a person other than an individual or small business concern; or

(ii)$50,000, if the violation was committed by an individual or small business concern.

(E)Before imposing a penalty under this section the Secretary of Homeland Security shall provide to the person against whom the penalty is to be imposed—

(i)written notice of the proposed penalty; and

(ii)the opportunity to request a hearing on the proposed penalty, if the Secretary of Homeland Security receives the request not later than 30 days after the date on which the person receives notice.

(4)

(A)The Secretary of Homeland Security may compromise the amount of a civil penalty imposed under this subsection.

(B)The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty.

(5)Chapter 461 shall apply to investigations and proceedings brought under this subsection to the same extent that it applies to investigations and proceedings brought with respect to aviation security duties designated to be carried out by the Secretary of Homeland Security.

(6)In this subsection:

(A)The term “person” does not include—

(i)the United States Postal Service; or

(ii)the Department of Defense.

(B)The term “small business concern” has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632).

(7)

(A)The Secretary of Homeland Security shall—

(i)provide an annual summary to the public of all enforcement actions taken by the Secretary under this subsection; and

(ii)include in each such summary the docket number of each enforcement action, the type of alleged violation, the penalty or penalties proposed, and the final assessment amount of each penalty.

(B)Each summary under this paragraph shall be made available to the public by electronic means.

(C)Nothing in this subsection shall be construed to require disclosure of information or records that are exempt from disclosure under sections 552 or 552a of title 5.

United States Government work; public domain under 17 U.S.C. § 105.