§ 70115. — Enforcement and penalty.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC70115]
TITLE 49--TRANSPORTATION
SUBTITLE IX--COMMERCIAL SPACE TRANSPORTATION
CHAPTER 701--COMMERCIAL SPACE LAUNCH ACTIVITIES
Sec. 70115. Enforcement and penalty
(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, 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.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1341; Pub. L. 105-
303, title I, Sec. 102(a)(14), Oct. 28, 1998, 112 Stat. 2850.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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70115(a).............................. 49 App.:2617. Oct. 30, 1984, Pub. L. 98-575, Secs.
17-19, 98 Stat. 3061.
70115(b)(1)........................... 49 App.:2616(b).
70115(b)(2)........................... 49 App.:2616(a).
70115(c)(1)........................... 49 App.:2618(a) (1st, 2d
sentences).
70115(c)(2)........................... 49 App.:2618(c).
70115(c)(3)........................... 49 App.:2618(a) (3d, last
sentences).
70115(c)(4)........................... 49 App.:2618(b).
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In subsection (a), the words ``a requirement of'' are omitted as
surplus. The word ``prescribed'' is substituted for ``issued'' for
consistency in the revised title and with other titles of the United
States Code. The words ``condition, or restriction'' are omitted as
surplus.
In subsection (b)(1)(A)-(C), the words ``concerning any matter
relating to enforcement of this chapter'' are omitted as surplus.
In subsection (b)(1)(B) and (C), the words ``from any person'' are
omitted as surplus.
In subsection (b)(1)(B), the word ``affirmation'' is omitted because
of 1:1.
In subsection (b)(2), the text of 49 App.:2616(a) (1st sentence) is
omitted as surplus because the Secretary of Transportation enforces
programs the Secretary carries out unless otherwise provided. The words
``the exercise of'' are omitted as surplus. The words ``duty or power''
are substituted for ``authority'' for consistency in the revised title
and with other titles of the Code. The words ``to any officer or
employee of the Department of Transportation'' are omitted as surplus
because of 49:322(b).
In subsection (c)(1), the words ``in accordance with section 554 of
title 5'' are omitted for consistency in the revised title and because
5:554 applies to a hearing on the record unless otherwise stated. The
words ``for each violation'' are omitted as surplus.
In subsection (c)(2), the words ``relevant papers, books, documents,
and other'' are omitted as surplus. The words ``(3) administer oaths and
affirmatives'' are omitted as surplus because of subsection (b)(1)(B) of
this section.
In subsection (c)(3), the word ``impose'' is substituted for
``assessed'' for consistency in the revised title and with other titles
of the Code. The words ``amount of such'' and ``modify . . . with or
without conditions'' are omitted as surplus.
Subsection (c)(4) is substituted for 49 App.:2618(b) to eliminate
unnecessary words.
Amendments
1998--Subsec. (b)(1)(D)(i). Pub. L. 105-303 inserted ``reentry
site,'' after ``launch site,'' and inserted ``or reentry vehicle'' after
``launch vehicle'' in two places.
