Page:United States Statutes at Large Volume 102 Part 5.djvu/152

 102 STAT. 4158

PUBLIC LAW 100-688—NOV. 18, 1988

order directing that person to comply with the subpena. The court may punish as contempt any disobedience of its order. (d) WITNESS FEES.—A witness complying with a subpena issued under this section may be paid for actual travel and attendance at the rate provided for witnesses in the district courts of the United States. 33 USC 2607.

SEC. 4107. FEES.

The Secretary of Transportation may collect a fee under section 9701 of title 31, United States Code, of not more than $1,000, from each person to whom a permit is issued under this subtitle for a permitting system and to maintain information. 33 USC 2608.

SEC. 4108. CIVIL PENALTY PROCEDURES.

(a) GENERAL PROCEDURES.—After notice and an opportunity for a hearing, a person found by the Secretary of Transportation to have violated this title or a regulation prescribed under this title for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires. (b) COMPROMISING PENALTIES.—The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this title until the assessment is referred to the Attorney General. (c) REFERRAL TO THE ATTORNEY GENERAL.—If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States. (d) REFUND OF PENALTY.—The Secretary may refund or remit a civil penalty collected under this title if— (1) application has been made for refund or remission of the penalty within one year from the date of payment; and (2) the Secretary finds that the penalty was unlawfully, improperly, or excessively imposed. 33 USC 2609.

SEC. 4109. PENALTIES.

(a) GENERAL PENALTY.—Except as provided in subsection (b) of this section, a person violating this title is liable to the United States Government for a civil penalty of not more than $25,000. Each day of a continuing violation is a separate violation. A vessel involved in the violation also is liable in rem for the penalty. (b) OPERATING WITHOUT A PERMIT.—A person violating section 4102 of this Act is liable to the United States Government for a civil penalty of not more than $10,000. Each day of a continuing violation is a separate violation. A vessel involved in the violation also is liable in rem for the penalty. (c) CRIMINAL PENALTY.—Any person that knowingly violates, or that knowingly aids, abets, authorizes, or instigates a violation of this title, shall be fined under title 18, United States Code, imprisoned for not more than 3 years, or both.

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