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51 U.S.C. § 50917Enforcement 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

in plain englishAI-generated · not legal advice

Violating this chapter, its regulations, or a launch license's terms can bring a civil penalty of up to $100,000 per day. The Secretary of Transportation may investigate, inspect sites, seize evidence, and hold hearings to enforce it.

(a) Prohibitions. No one may violate this chapter, a regulation made under it, or any term of a license issued or transferred under it. (b) General Authority. To enforce this chapter, the Secretary of Transportation may investigate and ask questions, put people under oath, and take sworn written statements. With proper legal authority, the Secretary may also enter — at a reasonable time — a launch site, reentry site, production facility, vehicle assembly site, crew or space flight participant training site, or payload integration site, to inspect equipment or required records. If there's probable cause to believe an object, record, or report was, is, or will likely be used to break this chapter, the Secretary may seize it. The Secretary may hand off enforcement duties to another federal agency's officers or employees, if that agency's head agrees. (c) Civil Penalty. After giving notice and a chance for a hearing, the Secretary can find someone violated subsection (a) and make them pay the government a civil penalty of up to $100,000. Each day the violation continues counts as a separate violation. During the hearing, the Secretary can subpoena witnesses and records, and can enforce that subpoena in federal court. The penalty must be imposed by written notice, but the Secretary may reduce or cancel a penalty already imposed or about to be imposed. If someone doesn't pay after the penalty becomes final, or after a court rules in the Secretary's favor, the Secretary must collect it.
the actual law source: uscode.house.gov ↗public domain
(a)Prohibitions.—

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.

(b)General Authority.—
(1)

In carrying out this chapter, the Secretary of Transportation may—

(A)

conduct investigations and inquiries;

(B)

administer oaths;

(C)

take affidavits; and

(D)

under lawful process—

(i)

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

(ii)

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.

(2)

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.

(c)Civil Penalty.—
(1)

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.

(2)

In conducting a hearing under paragraph (1) of this subsection, the Secretary may—

(A)

subpena witnesses and records; and

(B)

enforce a subpena in an appropriate district court of the United States.

(3)

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.

(4)

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.)

history & why it existsrecord from the source credit
  • 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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