Page:United States Statutes at Large Volume 122.djvu/3083

 12 2 STA T .306 0 PUBLIC LA W 110 – 31 4— AU G .14 , 200 81264(c) ( 3 )) ,andse c tio n 5 (e)(2) o f t h e Fl a m ma b le Fab r ics A ct (15 U.S. C .11 9 4(e)(2)), as amended b y s u bsection (a). (c) C RIM I NALPE NAL T IE S . — (1) I N G ENERAL.—Section 21(a) (15 U.S.C. 2 07 0(a)) is amended to read as follo w s

‘(a) V iolation of section 19 of this Act is p unishable by— ‘‘(1) imprisonment for not more than 5 years for a k nowin g and willful v iolation of that section ‘‘(2) a fine determined under section 3571 of title 1 8, United States Code; or ‘‘(3) both. ’ ’. (2) D IRE C T O RS, O F FICERS, AN D AGENTS.—Section 21(b) (15 U.S.C. 2070(b)) is amended by striking ‘‘19, and who has knowl - edge of notice of noncompliance received by the corporation from the Commission,’’ and inserting ‘‘19’’. (3) UNDER T H E FEDERAL HA Z ARDO U SSU B STANCES ACT.— Section 5(a) of the Federal H a z ardous Substances Act (15 U.S.C. 1264(a)) is amended by striking ‘‘one year, or a fine of not more than $ 3,000, or both such imprisonment and fine.’’ and inserting ‘‘5 years, a fine determined under section 3571 of title 18, United States Code, or both.’’. (4) UNDER THE FLAMMABLE FABRICS ACT.—Section 7 of the Flammable Fabrics Act (15 U.S.C. 1196) is amended to read as follows: ‘‘ P ENALTIES ‘‘SEC. 7. Violation of section 3 or 8(b) of this Act, or failure to comply with section 15(c) of this Act, is punishable by— ‘‘(1) imprisonment for not more than 5 years for a knowing and willful violation of that section; ‘‘(2) a fine determined under section 3571 of title 18, United States Code; or ‘‘(3) both.’’. (d) CRIMINAL PENALTIES T O INCLUDE ASSET FORFEITURE.—Sec- tion 21 (15 U.S.C. 2070) is amended by adding at the end thereof the following: ‘‘(c)(1) In addition to the penalties provided by subsection (a), the penalty for a criminal violation of this Act or any other Act enforced by the Commission may include the forfeiture of assets associated with the violation. ‘‘(2) In this subsection, the term ‘criminal violation’ means a violation of this Act or any other Act enforced by the Commission for which the violator is sentenced to pay a fine, be imprisoned, or both.’’. SEC.218 .E NFOR CE M EN TBY ST A TE ATTORNEYS G ENERA L . (a) IN G ENERAL.—Section 24 (15 U.S.C. 2073) is amended— (1) by striking ‘‘ PRIVATE ’’ in the section heading and inserting ‘‘A D DITI ON A L ’’; (2) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Any interested person’’; and (3) by adding at the end the following: ‘‘(b) STATE ATTORNE Y GENERAL E NFORCEMENT.— ‘‘(1) R IGHT OF ACTION.—E x cept as provided in paragraph (5), the attorney general of a State, or other authorized State officer, alleging a violation of section 19(a)(1), (2), (5), (6), (7), (9), or (12) of this Act that affects or may affect such State Defin i t i o n .

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