Page:United States Statutes at Large Volume 121.djvu/411

 121 STAT. 390

PUBLIC LAW 110–53—AUG. 3, 2007 (4) STATE.—The term ‘‘State’’ means any one of the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States. (5) TERRORISM.—The term ‘‘terrorism’’ has the meaning that term has in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101). (6) UNITED STATES.—The term ‘‘United States’’ means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States.

SEC. 1302. ENFORCEMENT AUTHORITY.

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(a) IN GENERAL.—Section 114 of title 49, United States Code, as amended by section 1203 of this Act, is further amended by adding at the end the following: ‘‘(v) ENFORCEMENT OF REGULATIONS AND ORDERS OF THE SECRETARY OF HOMELAND SECURITY.— ‘‘(1) APPLICATION OF SUBSECTION.— ‘‘(A) IN GENERAL.—This subsection applies to the enforcement of regulations prescribed, and orders issued, by the Secretary of Homeland Security under a provision of chapter 701 of title 46 and under a provision of this title other than a provision of chapter 449 (in this subsection referred to as an ‘applicable provision of this title’). ‘‘(B) VIOLATIONS OF CHAPTER 449.—The penalties for violations of regulations prescribed and orders issued by the Secretary of Homeland Security under chapter 449 of this title are provided under chapter 463 of this title. ‘‘(C) NONAPPLICATION TO CERTAIN VIOLATIONS.— ‘‘(i) Paragraphs (2) through (5) do not apply to violations of regulations prescribed, and orders issued, by the Secretary of Homeland Security under a provision of this title— ‘‘(I) involving the transportation of personnel or shipments of materials by contractors where the Department of Defense has assumed control and responsibility; ‘‘(II) by a member of the armed forces of the United States when performing official duties; or ‘‘(III) by a civilian employee of the Department of Defense when performing official duties. ‘‘(ii) Violations described in subclause (I), (II), or (III) of clause (i) shall be subject to penalties as determined by the Secretary of Defense or the Secretary’s designee. ‘‘(2) CIVIL PENALTY.— ‘‘(A) IN GENERAL.—A person is liable to the United States Government for a civil penalty of not more than $10,000 for a violation of a regulation prescribed, or order issued, by the Secretary of Homeland Security under an applicable provision of this title. ‘‘(B) REPEAT VIOLATIONS.—A separate violation occurs under this paragraph for each day the violation continues. ‘‘(3) ADMINISTRATIVE IMPOSITION OF CIVIL PENALTIES.— ‘‘(A) IN GENERAL.—The Secretary of Homeland Security may impose a civil penalty for a violation of a regulation

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