25 U.S.C. § 3007 — Penalty

(a) Penalty Any museum that fails to comply with the requirements of this chapter may be assessed a civil penalty by the Secretary^* of the Interior under procedures established by the Secretary through regulation. A penalty assessed under this subsection must be determined on the record after opportunity for an agency hearing. Each violation under this subsection must be a separate offense. (b) Amount of penalty The amount of a penalty assessed under subsection (a) must be determined under regulations promulgated under this chapter, taking into account, in addition to other factors— (1) the archaeological, historical, or commercial value of the item involved; (2) the damages suffered, both economic and noneconomic, by an aggrieved party, 1 and (3) the number of violations that have occurred. (c) Actions to recover penalties If any museum fails to pay an assessment of a civil penalty under a final order of the Secretary that has been issued under subsection (a) and not appealed or after a final judgment has been rendered on appeal of such order, the Attorney General may institute a civil action in an appropriate district court of the United States to collect the penalty. In such action, the validity and amount of such penalty must not be subject to review. (d) Subpoenas In hearings held under subsection (a), subpoenas may be issued for the attendance and testimony of witnesses and the production of relevant papers, books, and documents. Witnesses so summoned must be paid the same fees and mileage that are paid to witnesses in the courts of the United States.