Page:United States Statutes at Large Volume 114 Part 1.djvu/174

 114 STAT. 138 PUBLIC LAW 106-181—APR. 5, 2000 "(2) exports from or imports or introduces into the United States, sells, trades, installs on or in any aircraft or space vehicle any aircraft or space vehicle part using or by means of a fraudulent representation, document, record, certification, depiction, data plate, label, or electronic communication; or "(3) attempts or conspires to commit an offense described in paragraph (1) or (2), shall be punished as provided in subsection (b). "(b) PENALTIES. —The punishment for an offense under subsection (a) is as follows: "(1) AVIATION QUALITY.— If the offense relates to the aviation quality of a part and the part is installed in an aircraft or space vehicle, a fine of not more than $500,000, imprisonment for not more than 15 years, or both. "(2) FAILURE TO OPERATE AS REPRESENTED.—If, by reason of the failure of the part to operate as represented, the part to which the offense is related is the proximate cause of a malfunction or failure that results in serious bodily injury (as defined in section 1365), a fine of not more than $1,000,000, imprisonment for not more than 20 years, or both. "(3) FAILURE RESULTING IN DEATH. —If, by reason of the failure of the part to operate as represented, the part to which the offense is related is the proximate cause of a malfunction or failure that results in the death of any person, a fine of not more than $1,000,000, imprisonment for any term of years or life, or both. "(4) OTHER CIRCUMSTANCES. —In the case of an offense under subsection (a) not described in paragraph (1), (2), or (3) of this subsection, a fine under this title, imprisonment for not more than 10 years, or both. "(5) ORGANIZATIONS. —I f the offense is committed by an organization, a fine of not more than— "(A) $10,000,000 in the case of an offense described in paragraph (1) or (4); and "(B) $20,000,000 in the case of an offense described in paragraph (2) or (3). "(c) CIVIL REMEDIES.— "(1) IN GENERAL.—The district courts of the United States shall have jurisdiction to prevent and restrain violations of this section by issuing appropriate orders, including— "(A) ordering a person (convicted of an offense under this section) to divest any interest, direct or indirect, in any enterprise used to commit or facilitate the commission of the offense, or to destroy, or to mutilate and sell as scrap, aircraft material or part inventories or stocks; "(B) imposing reasonable restrictions on the future activities or investments of any such person, including prohibiting engagement in the same type of endeavor as used to commit the offense; and "(C) ordering the dissolution or reorganization of any enterprise knowingly used to commit or facilitate the commission of an offense under this section making due provisions for the rights and interests of innocent persons. "(2) RESTRAINING ORDERS AND PROHIBITION.— Pending final determination of a proceeding brought under this section, the court may enter such restraining orders or prohibitions, or

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