[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC5408]
TITLE 15--COMMERCE AND TRADE
CHAPTER 80--FASTENERS
Sec. 5408. Remedies and penalties
(a) Civil remedies
(1) The Attorney General may bring an action in an appropriate
United States district court for appropriate declaratory and injunctive
relief against any person who violates this chapter or any regulation
under this chapter.
(2) An action under paragraph (1) may not be brought more than 10
years after the date on which the cause of action accrues.
(b) Civil penalties
(1) Any person who is determined by the Secretary, after notice and
an opportunity for a hearing, to have violated this chapter or any
regulation under this chapter shall be liable to the United States for a
civil penalty of not more than $25,000 for each violation.
(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 attempt to achieve
compliance, ability to pay the penalty, and such other matters as
justice may require.
(3) Any person against whom a civil penalty is assessed under
paragraph (2) of this subsection may obtain review thereof in the
appropriate court of the United States 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 findings and order of the Secretary shall be set aside by
such court if they are found to be unsupported by substantial evidence,
as provided in section 706(2) of title 5.
(4) The Secretary may arbitrate, compromise, modify, or remit, with
or without conditions, any civil penalty which is subject to imposition
or which has been imposed under this section prior to referral to the
Attorney General under paragraph (5).
(5) A civil penalty assessed under this subsection 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. In such
action, the validity and appropriateness of the final order imposing the
civil penalty shall not be subject to review.
(6) For the purpose of conducting any hearing under this section,
the Secretary may issue subpoenas for the attendance and testimony of
witnesses and the production of relevant papers, books, and documents,
and may administer oaths. Witnesses summoned shall be paid the same fees
and mileage that are paid to witnesses in the courts of the United
States. In case of contempt or refusal to obey a subpoena served upon
any person pursuant to this paragraph, the district court of the United
States for any district in which such person is found, resides, or
transacts business, upon application by the United States and after
notice to such person, shall have jurisdiction to issue an order
requiring such person to appear and give testimony before the Secretary
or to appear and produce documents before the Secretary, or both, and
any failure to obey such order of the court may be punished by such
court as a contempt thereof.
(c) Criminal penalties
(1) Whoever knowingly certifies, marks, offers for sale, or sells a
fastener in violation of this chapter or a regulation under this chapter
shall be fined under title 18, or imprisoned not more than 5 years, or
both.
(2) Whoever intentionally fails to maintain records relating to a
fastener in violation of this chapter or a regulation under this chapter
shall be fined under title 18, or imprisoned not more than 5 years, or
both.
(3) Whoever negligently fails to maintain records relating to a
fastener in violation of this chapter or a regulation under this chapter
shall be fined under title 18, or imprisoned not more than 2 years, or
both.
(d) Enforcement
(1) The Secretary may designate officers or employees of the
Department of Commerce to conduct investigations pursuant to this
chapter. In conducting such investigations, those officers or employees
may, to the extent necessary or appropriate to the enforcement of this
chapter, exercise such authorities as are conferred upon them by other
laws of the United States, subject to policies and procedures approved
by the Attorney General.
(2) The Secretary shall establish and maintain a hotline system to
facilitate the reporting of alleged violations of this chapter, and the
Secretary shall evaluate allegations reported through that system and
report any credible allegations to the Attorney General.
(Pub. L. 101-592, Sec. 6, formerly Sec. 9, Nov. 16, 1990, 104 Stat.
2950; Pub. L. 104-113, Sec. 11(g), Mar. 7, 1996, 110 Stat. 782;
renumbered Sec. 6 and amended Pub. L. 106-34, Sec.
