Page:United States Statutes at Large Volume 93.djvu/1024

 93 STAT. 992 ^^^l%r 49 USC 1686.

PUBLIC LAW 96-129—NOV. 30, 1979 '^^" thereof "Except for section 19, and except as otherwise provided jj^ ^j^jg section, the authority of the Secretary under this Act to prescribe safety standards and enforce compHance with such standards". ENFORCEMENT POWERS

49 USC 1677.

49 USC 1672. 49 USC 1678, 1679, 1680-1686.

SEC. 104. (a)(1) Section 8 is amended by redesignating subsection (b) as subsection (c) and inserting after subsection (a) the following new subsection: "(b)(1) The Secretary may issue orders directing compliance with this Act or any regulation issued under this Act. Any such order shall clearly set forth the particular actions required of the person to whom the order is issued. "(2) The district courts of the United States shall have jurisdiction, upon petition by the Attorney General, to enforce any such order by appropriate means.". (2) Section 3(d) is amended by inserting "directing or" before "waiving compliance with". (b) The Act is amended by striking out sections 9 and 10, redesignating sections 11 through 17 as sections 13 through 19, respectively, and inserting before section 13 (as redesignated) the following new sections: "PENALTIES

49 USC 1679a.

"SEC. 11. (a)(1) Any person who is determined by the Secretary to have violated any provisions of section 10(a) or any regulation or order issued under this Act, including any order issued under sections 10(b) and 120?), shall be liable to the United States for a civil penalty of not more than $1,000 for each violation for each day that violation persists, except that the maximum civil penalty shall not exceed $200,000 for any related series of violations. "(2) The amount of the penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith in attempting to achieve compliance, ability to pay the penalty, and such other matters as justice may require. "(b) A civil penalty assessed under subsection (a) may be recovered in an action brought by the Attorney General on behalf of the United States in the appropriate district court of the United States or, prior to referral to the Attorney General, it may be compromised by the Secretary. The amount of the penalty, when finally determined (or agreed upon in compromise), may be deducted from any sums owed by the United States to the person charged. All penalties collected under this subsection shall be deposited in the Treasury of the United States as miscellaneous receipts. "(c)(1) Any person who willfully and knowingly violates section 10(a) or a regulation or order issued under this Act, including any order issued under sections 10(b) and 12(b), shall, upon conviction, be subject, for each offense, to a fine of not more than $25,000, imprisonment for a term not to exceed 5 years, or both. "(2) Any person who willfully and knowingly injures or destroys, or attempts to injure or destroy, any interstate transmission facility shall, upon conviction, be subject, for each offense, to a fine of not more than $25,000, imprisonment for a term not to exceed 15 years, or both.

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