Enforcement

Source Credit

(a) Jurisdiction
A district court of the United States shall have jurisdiction to enforce, and to prevent and restrain any person from violating, this chapter or an order or regulation issued by the Secretary under this chapter.
(b) Referral to Attorney General
A civil action authorized to be brought under this section shall be referred to the Attorney General of the United States for appropriate action.
(c) Civil penalties and orders
(1) Civil penalties
A person who willfully violates an order or regulation issued by the Secretary under this chapter may be assessed by the Secretary a civil penalty of not more than $5,000 for each violation.
(2) Separate offense
Each violation and each day during which there is a failure to comply with an order or regulation issued by the Secretary shall be considered to be a separate offense.
(3) Cease-and-desist orders
In addition to, or in lieu of, a civil penalty, the Secretary may issue an order requiring a person to cease and desist from violating the order or regulation.
(4) Notice and hearing
No order assessing a penalty or cease-and-desist order may be issued by the Secretary under this subsection unless the Secretary provides notice and an opportunity for a hearing on the record with respect to the violation.
(5) Finality
An order assessing a penalty or a cease-and-desist order issued under this subsection by the Secretary shall be final and conclusive unless the person against whom the order is issued files an appeal from the order with the appropriate district court of the United States.
(d) Additional remedies
The remedies provided in this chapter shall be in addition to, and not exclusive of, other remedies that may be available.

History

(Pub. L. 115–254, div. E, §1309, Oct. 5, 2018, 132 Stat. 3481.)