Section 50917 - 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;(D) under lawful process-(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, §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.| HISTORICAL AND REVISION NOTES |
| Revised Section | 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
AMENDMENTS2010- 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.
- United States
- "United States" means the States of the United States, the District of Columbia, and the territories and possessions of the United States.
- crew
- "crew" means any employee of a licensee or transferee, or of a contractor or subcontractor of a licensee or transferee, who performs activities in the course of that employment directly relating to the launch, reentry, or other operation of or in a launch vehicle or reentry vehicle that carries human beings.
- launch site
- "launch site" means the location on Earth from which a launch takes place (as defined in a license the Secretary issues or transfers under this chapter) and necessary facilities at that location.
- launch vehicle
- "launch vehicle" means-(A) a vehicle built to operate in, or place a payload or human beings in, outer space; and(B) a suborbital rocket.
- payload
- "payload" means an object that a person undertakes to place in outer space by means of a launch vehicle or reentry vehicle, including components of the vehicle specifically designed or adapted for that object.
- person
- "person" means an individual and an entity organized or existing under the laws of a State or country.
- reentry site
- "reentry site" means the location on Earth to which a reentry vehicle is intended to return (as defined in a license the Secretary issues or transfers under this chapter).
- reentry vehicle
- "reentry vehicle" means a vehicle designed to return from Earth orbit or outer space to Earth, or a reusable launch vehicle designed to return from Earth orbit or outer space to Earth, substantially intact.
- space flight participant
- "space flight participant" means an individual, who is not crew or a government astronaut, carried within a launch vehicle or reentry vehicle.