Page:United States Statutes at Large Volume 106 Part 2.djvu/43

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1471. PUBLIC LAW 102-345—AUG. 26, 1992 106 STAT. 923 Public Law 102-345 102d Congress An Act To amend the Federal Aviation Act of 1958 relating to administrative assessment Aug. 26, 1992 of civil penalties. [H.R. 5481] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, E^^P^^^ Penalty SECTION 1. SHORT TITLE. Ai^ssmeSAct This Act may be cited as the "FAA Civil Penalty Administrative of 1992. Assessment Act of 1992". fLV^.^PP 1301 note. SEC. 2. ADMINISTRATIVE ASSESSMENT. (a) IN GENERAL. — Section 901(a)(3) of the Federal Aviation Act of 1958 (49 U.S.C. 1471(a)(3)) is amended to read as follows: 49 USC app. "(3) ADMINISTRATIVE ASSESSMENT. — "(A) GENERAL AUTHORITY. — Upon written notice and finding of a violation by the Administrator, the Administrator, or the delegate of the Administrator, may assess a civil penalty for a violation of title III, V, VI, or XII or section 1101 or 1115(e)(2)(B) or any rule, regulation, or order issued thereunder. "(B) No REXAMINATION OF LIABILITY OR AMOUNT. — In the case of a civil penalty assessed by the Administrator under this paragraph, the issue of liability or amount of civil penalty shall not be reexamined in any subsequent suit for collection of such civil penally. "(C) CONTINUING JURISDICTION OF DISTRICT COURTS.— Notwithstanding subparagraph (A), the United States district courts shall have exclusive jurisdiction of any civil penalty initiated by the Administrator— "(i) which involves an amount in controversy in excess of $50,000; "(ii) which is an in rem action or in which an in rem action based on the same violation has been brought; "(iii) regarding which an aircraft subject to lien has been seized by the United States; and (iv) in which a suit for injunctive relief based on the violation giving rise to the civil penalty has also been brought. "(D) PROCEDURES WITH RESPECT TO VIOLATIONS BY PILOTS, FLIGHT ENGINEERS, MECHANICS, AND REPAIRMEN. — "(i) NOTICE OF CHARGES.— Before issuing an order assessing a civil penalty under this paragraph against a person acting in the capacity of a pilot, flight engineer, mechanic, or repairman, the Administrator shall advise such person of the charges or any reasons relied upon by the Administrator for the proposed action and shall provide such person an opportunity to answer