ASSESSABLE PENALTY FOR REFUSAL OF ENTRY.

SEC. 859. ASSESSABLE PENALTY FOR REFUSAL OF ENTRY.(a) In General.—Part I of subchapter B of chapter 68 (relating to assessable penalties), as amended by this Act, is amended by inserting after section 6716 the following new section:“SEC. 6717. REFUSAL OF ENTRY.“(a) In General.—In addition to any other penalty provided by law, any person who refuses to admit entry or refuses to permit any other action by the Secretary authorized by section 4083(d)(1) shall pay a penalty of $1,000 for such refusal.“(b) Joint and Several Liability.—“(1) In general.—If a penalty is imposed under this section on any business entity, each officer, employee, or agent of such entity or other contracting party who willfully participated 118 STAT. 1618 in any act giving rise to such penalty shall be jointly and severally liable with such entity for such penalty. “(2) Affiliated groups.—If a business entity described in paragraph (1) is part of an affiliated group (as defined in section 1504(a)), the parent corporation of such entity shall be jointly and severally liable with such entity for the penalty imposed under this section.“(c) Reasonable Cause Exception.—No penalty shall be imposed under this section with respect to any failure if it is shown that such failure is due to reasonable cause.” .(b) Conforming Amendments.—(1) Section 4083(d)(3), as amended by this Act, is amended—(A) by striking “entry.—The penalty” and inserting: “entry.—“(A) Forfeiture.—The penalty”, and(B) by adding at the end the following new subparagraph:“(B) Assessable penalty.—For additional assessable penalty for the refusal to admit entry or other refusal to permit an action by the Secretary authorized by paragraph (1), see section 6717.”.(2) The table of sections for part I of subchapter B of chapter 68, as amended by this Act, is amended by inserting after the item relating to section 6716 the following new item: “Sec. 6717. Refusal of entry.”. (c) Effective Date.—The amendments made by this section shall take effect on January 1, 2005.