Page:United States Statutes at Large Volume 119.djvu/1924

 119 STAT. 1906

Applicability. 49 USC 5123 note.

PUBLIC LAW 109–59—AUG. 10, 2005

(A) by striking ‘‘regulation prescribed or order issued’’ and inserting ‘‘regulation, order, special permit, or approval issued’’; and (B) by striking ‘‘$25,000’’ and inserting ‘‘$50,000’’; (2) by redesignating paragraph (2) as paragraph (4); and (3) by inserting after paragraph (1) the following: ‘‘(2) If the Secretary finds that a violation under paragraph (1) results in death, serious illness, or severe injury to any person or substantial destruction of property, the Secretary may increase the amount of the civil penalty for such violation to not more than $100,000. ‘‘(3) If the violation is related to training, paragraph (1) shall be applied by substituting ‘$450’ for ‘$250’.’’. (b) HEARING REQUIREMENT.—Section 5123(b) is amended by striking ‘‘regulation prescribed’’ and inserting ‘‘regulation prescribed or order, special permit, or approval issued’’. (c) CIVIL ACTIONS TO COLLECT.—Section 5123(d) is amended by striking ‘‘section.’’ and inserting ‘‘section and any accrued interest on the civil penalty as calculated in accordance with section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705). In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review.’’. (d) EFFECTIVE DATES.— (1) HEARING REQUIREMENT.—The amendment made by subsection (b) shall take effect on the date of enactment of this Act, and shall apply with respect to violations described in section 5123(a) of title 49, United States Code (as amended by this section), that occur on or after that date. (2) CIVIL ACTIONS TO COLLECT.—The amendment made by subsection (c) shall apply with respect to civil penalties imposed on violations described in section 5123(a) of title 49, United States Code (as amended by this section), that occur on or after the date of enactment of this Act. SEC. 7121. CRIMINAL PENALTY.

Section 5124 is amended to read as follows: ‘‘§ 5124. Criminal penalty ‘‘(a) IN GENERAL.—A person knowingly violating section 5104(b) or willfully or recklessly violating this chapter or a regulation, order, special permit, or approval issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person. ‘‘(b) KNOWING VIOLATIONS.—For purposes of this section— ‘‘(1) a person acts knowingly when— ‘‘(A) the person has actual knowledge of the facts giving rise to the violation; or ‘‘(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and ‘‘(2) knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section.

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