Page:United States Statutes at Large Volume 121.djvu/412

 PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 391

dkrause on GSDDPC44 with PUBLAW

prescribed, or order issued, under an applicable provision of this title. The Secretary shall give written notice of the finding of a violation and the penalty. ‘‘(B) SCOPE OF CIVIL ACTION.—In a civil action to collect a civil penalty imposed by the Secretary under this subsection, a court may not re-examine issues of liability or the amount of the penalty. ‘‘(C) JURISDICTION.—The district courts of the United States shall have exclusive jurisdiction of civil actions to collect a civil penalty imposed by the Secretary under this subsection if— ‘‘(i) the amount in controversy is more than— ‘‘(I) $400,000, if the violation was committed by a person other than an individual or small business concern; or ‘‘(II) $50,000 if the violation was committed by an individual or small business concern; ‘‘(ii) the action is in rem or another action in rem based on the same violation has been brought; or ‘‘(iii) another action has been brought for an injunction based on the same violation. ‘‘(D) MAXIMUM PENALTY.—The maximum civil penalty the Secretary administratively may impose under this paragraph is— ‘‘(i) $400,000, if the violation was committed by a person other than an individual or small business concern; or ‘‘(ii) $50,000, if the violation was committed by an individual or small business concern. ‘‘(E) NOTICE AND OPPORTUNITY TO REQUEST HEARING.— Before imposing a penalty under this section the Secretary shall provide to the person against whom the penalty is to be imposed— ‘‘(i) written notice of the proposed penalty; and ‘‘(ii) the opportunity to request a hearing on the proposed penalty, if the Secretary receives the request not later than 30 days after the date on which the person receives notice. ‘‘(4) COMPROMISE AND SETOFF.— ‘‘(A) The Secretary may compromise the amount of a civil penalty imposed under this subsection. ‘‘(B) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty. ‘‘(5) INVESTIGATIONS AND PROCEEDINGS.—Chapter 461 shall apply to investigations and proceedings brought under this subsection to the same extent that it applies to investigations and proceedings brought with respect to aviation security duties designated to be carried out by the Secretary. ‘‘(6) DEFINITIONS.—In this subsection: ‘‘(A) PERSON.—The term ‘person’ does not include— ‘‘(i) the United States Postal Service; or ‘‘(ii) the Department of Defense. ‘‘(B) SMALL BUSINESS CONCERN.—The term ‘small business concern’ has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632). ‘‘(7) ENFORCEMENT TRANSPARENCY.—

VerDate Aug 31 2005

13:52 Jan 23, 2009

Jkt 059194

PO 00001

Frm 00389

Fmt 6580

Sfmt 6581

Notification.

Deadline.

Applicability.

M:\STATUTES\2007\59194PT1.001

APPS10

PsN: 59194PT1

�