§ 50917. Enforcement and penalty

Statutory text

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.

General Authority.—

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.

Civil Penalty.—

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1994
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 51 U.S.C. § 50917
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1341, § 70115 of title 49
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1341, § 70115 of title 49
Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:
1998
Pub. L. 105–303 title I § 102(a)(14) · 112 Stat. 2843
1. Inserted · 51 U.S.C. § 50917(b)(1)(D)(i)
  Pub. L. 105–303 inserted “reentry site,” after “launch site,”
2. Inserted · 51 U.S.C. § 50917(b)(1)(D)(i)
  Pub. L. 105–303 inserted “or reentry vehicle” after “launch vehicle” in two places
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(14) in section 70115(b)(1)(D)(i)— (A) by inserting “reentry site,” after “launch site,”; and (B) by inserting “or reentry vehicle” after “launch vehicle” both places it appears;
2004
Commercial Space Launch Amendments Act of 2004
Pub. L. 108–492 § 2(c)(24) · 118 Stat. 3974
Inserted · 51 U.S.C. § 50917(b)(1)(D)(i)
Pub. L. 108–492 inserted “crew or space flight participant training site,” after “site of a launch vehicle or reentry vehicle,”
Source evidence
Code amendment note
Subsec. (b)(1)(D)(i). Pub. L. 108–492 inserted “crew or space flight participant training site,” after “site of a launch vehicle or reentry vehicle,”.
Enacted provision · exact public law section
(24) Section 70115(b)(1)(D)(i) of title 49, United States Code, is amended by inserting “crew or space flight participant training site,” after “site of a launch vehicle or reentry vehicle,”.
2010
Pub. L. 111–314 § 4(d)(2) · 124 Stat. 3328
Changed · 51 U.S.C. § 50917
Pub. L. 111–314 successively renumbered section 70115 of title 49 and section 70115 of this title as this section
Source evidence
Code amendment note
Pub. L. 111–314 successively renumbered section 70115 of title 49 and section 70115 of this title as this section.
Enacted provision · exact public law section
(2) Renumbering and transfer of chapters.— Chapters 701 and 703 of title 49, United States Code, are renumbered as chapters 509 and 511, respectively, of title 51, United States Code, and 51 USC 70101–70121, 70301–70305. transferred so as to appear after chapter 507 of title 51, United States Code, as enacted by section 3 of this Act.

5 of 5 references resolved to an enrolled provision

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
70115(a)	49 App.:2617.	Oct. 30, 1984, Pub. L. 98–575, §§ 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).

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.

Editorial Notes

Amendments1998–2010 · 3 rounds

2010

Pub. L. 111–314 successively renumbered section 70115 of title 49 and section 70115 of this title as this section.

2004

Subsec. (b)(1)(D)(i). Pub. L. 108–492 inserted “crew or space flight participant training site,” after “site of a launch vehicle or reentry vehicle,”.

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.

Credits

1994–2010 · 4 acts

1994Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1341, § 70115 of title 49
1998Pub. L. 105–303, title I, § 102(a)(14), Oct. 28, 1998, 112 Stat. 2850
2004Pub. L. 108–492, § 2(c)(24), Dec. 23, 2004, 118 Stat. 3981
2010renumbered § 70115 then § 50917 of title 51, Pub. L. 111–314, § 4(d)(2), (3)(Q), Dec. 18, 2010, 124 Stat. 3440, 3441.

Show as published

(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.)