Pub. L. 108-176, tit. V, sec. 503

CIVIL PENALTIES.

EnactedYear: 2003Length: 611 wordsOfficial source
SEC. 503. CIVIL PENALTIES.(a) Increase in Maximum Civil Penalty.—Section 46301(a) is amended—(1) by striking “$1,000” in paragraph (1) and inserting “$25,000 (or $1,100 if the person is an individual or small business concern)”;(2) by striking “or” the last place it appears in paragraph (1)(A);(3) by striking “section)” in paragraph (1)(A) and inserting “section), or section 47133”;(4) by striking paragraphs (2), (3), (6), and (7) and redesignating paragraphs (4), (5), and (8) as paragraphs (2), (3), and (4), respectively; (5) by striking “41715” each place it appears in paragraph (2), as redesignated, and inserting “41719”;(6) by striking “paragraphs (1) and (2)” in paragraph (4), as redesignated, and inserting “paragraph (1)”; and(7) by adding at the end the following:“(5) Penalties applicable to individuals and small business concerns.—“(A) An individual (except an airman serving as an airman) or small business concern is liable to the Government for a civil penalty of not more than $10,000 for violating—“(i) chapter 401 (except sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), section 44502 (b) or (c), chapter 447 (except sections 44717–44723), or 117 STAT. 2558 chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909) of this title; or“(ii) a regulation prescribed or order issued under any provision to which clause (i) applies.“(B) A civil penalty of not more than $10,000 may be imposed for each violation under paragraph (1) committed by an individual or small business concern related to—“(i) the transportation of hazardous material; “(ii) the registration or recordation under chapter 441 of an aircraft not used to provide air transportation;“(iii) a violation of section 44718(d), relating to the limitation on construction or establishment of landfills;“(iv) a violation of section 44725, relating to the safe disposal of life-limited aircraft parts; or“(v) a violation of section 40127 or section 41705, relating to discrimination.“(C) Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 41719 committed by an individual or small business concern shall be $5,000 instead of $1,000.“(D) Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 41712 (including a regulation prescribed or order issued under such section) or any other regulation prescribed by the Secretary by an individual or small business concern that is intended to afford consumer protection to commercial air transportation passengers shall be $2,500 for each violation.”.(b) Increase in Limit on Administrative Authority and Civil Penalty.—Section 46301(d) is amended—(1) by striking “more than $50,000;” in paragraph (4)(A) and inserting “more than—“(i) $50,000 if the violation was committed by any person before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act;“(ii) $400,000 if the violation was committed by a person other than an individual or small business concern on or after that date; or“(iii) $50,000 if the violation was committed by an individual or small business concern on or after that date;”; and(2) by striking “is $50,000.” in paragraph (8) and inserting “is—“(A) $50,000 if the violation was committed by any person before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act; “(B) $400,000 if the violation was committed by a person other than an individual or small business concern on or after that date; or“(C) $50,000 if the violation was committed by an individual or small business concern on or after that date.”.(c) Small Business Concern Defined.—Section 46301 is amended by adding at the end the following:117 STAT. 2559 “(i) Small Business Concern Defined.—In this section, the term ‘small business concern’ has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632).”.(d) Conforming Amendments.—Title 49 is amended—(1) in section 41705(b) by striking “46301(a)(3)(E)” and inserting “46301”; and(2) in section 46304(a) by striking “, (2), or (3)”.