51 U.S.C. § 50917 — Enforcement and penalty
submitted 32 years ago by Pub. L. 103-272 to r/title-51-NATIONAL-AND-COMMERCIAL-SPACE-PROGRAMS · 337 words · no verdicts yet
No one may violate this chapter, its regulations, or a license term. The Secretary may investigate and enforce the rules, and violations can lead to civil penalties of up to $100,000 per day.
(a) Prohibitions. A person may not violate this chapter, a regulation under it, or a term of a license issued or transferred under it. (b) General authority. (1) To carry out the chapter, the Secretary of Transportation may: (A) investigate and inquire; (B) administer oaths; (C) take affidavits; and (D) using lawful process, (i) enter at a reasonable time a launch or reentry site, production or assembly facility, crew or space-flight-participant training site, or payload-integration site to inspect an object covered by this chapter or a required record or report, and (ii) seize the object, record, or report when probable cause indicates it was, is, or likely will be used in violating the chapter. (2) With the agency head’s consent, the Secretary may delegate an enforcement duty or power to an officer or employee of another executive agency. (c) Civil penalty. (1) After notice and a chance for a hearing on the record, a person found by the Secretary to have violated subsection (a) owes the United States a civil penalty of up to $100,000. Each day a violation continues is a separate violation. (2) At the hearing, the Secretary may subpoena witnesses and records and enforce a subpoena in an appropriate federal district court. (3) The Secretary must impose the penalty by written notice and may compromise or cancel a penalty imposed or potentially imposable under this section. (4) The Secretary must recover a penalty that is unpaid after it becomes final or after a court enters final judgment for the Secretary.
A person may not violate this chapter, a regulation prescribed under this chapter, or any term of a license issued or transferred under this chapter.
In carrying out this chapter, the Secretary of Transportation may—
conduct investigations and inquiries;
administer oaths;
take affidavits; and
under lawful process—
enter at a reasonable time a launch site, reentry site, production facility, assembly site of a launch vehicle or reentry vehicle, crew or space flight participant training site, or site at which a payload is integrated with a launch vehicle or reentry vehicle to inspect an object to which this chapter applies or a record or report the Secretary requires be made or kept under this chapter; and
seize the object, record, or report when there is probable cause to believe the object, record, or report was used, is being used, or likely will be used in violation of this chapter.
The Secretary may delegate a duty or power under this chapter related to enforcement to an officer or employee of another executive agency with the consent of the head of the agency.
After notice and an opportunity for a hearing on the record, a person the Secretary finds to have violated subsection (a) of this section is liable to the United States Government for a civil penalty of not more than $100,000. A separate violation occurs for each day the violation continues.
In conducting a hearing under paragraph (1) of this subsection, the Secretary may—
subpena witnesses and records; and
enforce a subpena in an appropriate district court of the United States.
The Secretary shall impose the civil penalty by written notice. The Secretary may compromise or remit a penalty imposed, or that may be imposed, under this section.
The Secretary shall recover a civil penalty not paid after the penalty is final or after a court enters a final judgment for the Secretary.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1341, § 70115 of title 49; Pub. L. 105–303, title I, § 102(a)(14), Oct. 28, 1998, 112 Stat. 2850; Pub. L. 108–492, § 2(c)(24), Dec. 23, 2004, 118 Stat. 3981; renumbered § 70115 then § 50917 of title 51, Pub. L. 111–314, § 4(d)(2), (3)(Q), Dec. 18, 2010, 124 Stat. 3440, 3441.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1341
- 1998Amended · Pub. L. 105-303 · 112 Stat. 2850
- 2004Amended · Pub. L. 108-492 · 118 Stat. 3981
- 2010Amended · Pub. L. 111-314 · 124 Stat. 3440, 3441
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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