Page:United States Statutes at Large Volume 101 Part 3.djvu/222

 101 STAT. 1520

PUBLIC LAW 100-223—DEC. 30, 1987 (e) PENALTY FOR INTERFERENCE WITH AIRCRAFT ACCIDENT INVES-

49 USC app. l'*''2-

TiGATiONS.—Section 902(p) is amended by striking out "shall be subject to a fine of no less than $100 nor more than $5,000, or imprisonment for not more than one year, or both" and inserting in lieu thereof "shall be fined in accordance with title 18, United States Code, or imprisoned not more than 10 years, or both". (f) SECURED AREAS OF AIRPORTS.—Section 902 is amended—

(1) in subsection (o) by inserting "and subsection (r)" after "inclusive,"; and (2) by adding at the end thereof the following new subsection:

• •• *

"(r) SECURED AREAS OF AIRPORTS.—

"(1) VIOLATION.—It shall be unlawful for any person to knowingly and willfully enter an aircraft or an airport area that serves air carriers or foreign air carriers contrary to security requirements established pursuant to section 315 or 316 of this Act. "(2) GENERAL PENALTY.—Upon conviction of a violation of paragraph (1), a person shall be subject to imprisonment for a term not to exceed 1 year or a fine not to exceed $1,000, or both. "(3) PENALTY FOR VIOLATIONS IN CONNECTION WITH FELONIES.—

If any person violates paragraph (1) of this subsection with the intent to commit in the aircraft or secured area an act punishable as a felony under Federal or State law, such person shall be subject to imprisonment for a term not to exceed 10 years or a fine not to exceed $10,000, or both.". (g) DEMONSTRATION PROGRAM.—Title IX is amended by adding at the end thereof the following new section: 49 USC app.

"SEC. 905. CIVIL PENALTY ASSESSMENT DEMONSTRATION PROGRAM. "(a) CIVIL PENALTY.—The Administrator, or his delegate, may

assess a civil penalty for a violation arising under this Act or a rule, regulation, or order issued thereunder, upon written notice and finding of violation by the Administrator. "(b) No REXAMINATION OF LIABILITY OR AMOUNT.—In the case of a civil penalty assessed by the Administrator in accordance with this section, the issue of liability or amount of civil penalty shall not be reexamined in any subsequent suit for collection of such civil penalty. "(c) CONTINUING JURISDICTION OF DISTRICT COURTS.—Notwith-

standing subsection (a) of this section, the United States district courts shall have exclusive jurisdiction of any civil penalty action initiated by the Administrator (1) which involves an amount in controversy in excess of $50,000; (2) which is an in rem action or in which an in rem action based on the same violation has been brought; (3) regarding which an aircraft subject to lien has been seized by the United States; and (4) in which a suit for injunctive relief based on the violation giving rise to the civil penalty has also been brought. "(d) LIMITATIONS.—

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"(1) HEARING.—A civil penalty may be assessed under this section only after notice and opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code. "(2) VIOLATIONS.—This section only applies to civil penalties initiated by the Administrator after the date of the enactment of this section.

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