Page:United States Statutes at Large Volume 90 Part 1.djvu/968

 90 STAT. 918 Penalties.

PUBLIC LAW 94-360—JULY 13, 1976

SEC. 7. Section 6 (15 U.S.C. 1825) is amended to read as follows: "SEC. 6. (a)(1) Except as provided in paragraph (2) of this subAnte, p. 916. section, any person AVIIO knowingly violates section 5 shall, upon conviction thereof, be fined not more than $3,000, or imprisoned for not more than one year, or both. "(2)(A) If any person knowingly violates section 5, after one or more prior convictions of such person for such a violation have become final, such person shall, upon conviction thereof, be fined not more than $5,000, or imp)risoncd foi- not more than two years, or both. "(B) Any person who knowingly makes, or causes to be made, a false entry or statement in any report required under this Act; who knowingly makes, or causes to be made, any false entry in any account, record, or memorandum required to be established and maintained by any person or in any notification or other infonnation required to be Ante, p. 916. submitted to the Secretary under section 4 of this Act; who knowingly neglects or fails to make or cause to be made, full, true, and correct ' entries in such accounts, records, memoranda, notification, or other materials; who knowingly removes any such documentary evidence out of the jurisdiction of i/he United States; who knowingly mutilates,, alters, or by any other means falsifies any such documentary evidence; or who knowingly refuses to submit any such documentary evidence to the Secretary for inspection and copying shall be guilty of an offense against the United States, and upon conviction thereof shall be fined not more than $5,000, or imprisoned for not more than three years, or both. ''(C) Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any per-son while engaged in or on account of the perfor-mance of his official duties under this Act shall be firred not more than $5,000, or imprisoned not more than three year-s, or both. Whoever, in the commission of such acts, uses a deadly or dangerous weapon shall be fined not more than $10,000, or imprisoned not more than terr year-s, or both. Whoever kills any person while errgaged in or on account of the per-for-mance of his official duties under this Act shall be punishable as provided under sections 1111 and 1112 , ' of title 18, United States Code. ''(b)(1) Any person who violates section 5 of this Act shall be liable to the United States for a civil penalty of not more than $2,000 Notice and for each violatiorr. No penalty shall be assessed unless such per-son is hearing. giverr notice and opportunity for a hearing before the Secretary with respect to srrch violation. The amount of such civil penalty shall be assessed by the Secretary by written order. Irr determining the amourrt of such penalty, the Secretary shall take into account all factors relevant to such determination, including the nature, circumstances, extent, and gravity of the prohibited conduct and, with respect to the person found to have engaged in such conduct, the degree of culpability, any history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require. Notice of appeal. "(2) Any person against whoirr a violation is found and a civil penalty assessed under paragraph (1) of this subsection may obtain review in the court of appeals of the United States for the circuit in which such person resides or has his place of business or in the United States Court of Appeals for the District of Columbia Circuit by filing a notice of appeal in such court within 30 days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary. The Secretary shall promptly file in such court

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