Collapse to view only § 8143. Specific enforcement
§ 8141. Recordkeeping violations
It shall be unlawful for any person willfully to fail or refuse—
(1) to establish or maintain any record required by any regulation prescribed under this chapter;
(2) to submit any report, notice, or other information to the United States Government in accordance with any regulation prescribed under this chapter; or
(3) to permit access to or copying of any record by the United States Government in accordance with any regulation prescribed under this chapter.
(Pub. L. 109–401, title II, § 241, Dec. 18, 2006, 120 Stat. 2747.)
§ 8142. Penalties
(a) Civil
(1) Penalty amounts
(2) Notice and hearing
(A) In general
(B) Conduct of hearing
(C) Issuance of orders
(D) Factors for determination of penalty amounts
(E) Content of notice
For the purposes of this paragraph, notice shall be in writing and shall be verifiably served upon the person or persons subject to an order described in paragraph (1). In addition, the notice shall—
(i) set forth the time, date, and specific nature of the alleged violation or violations; and
(ii) specify the administrative and judicial remedies available to the person or persons subject to the order, including the availability of a hearing and subsequent appeal.
(3) Administrative appellate review
(4) Judicial review
(5) Enforcement of final orders
(A) In general
If a person fails to comply with a final order issued against such person under this subsection and—
(i) the person has not filed a petition for judicial review of the order in accordance with paragraph (4), or
(ii) a court in an action brought under paragraph (4) has entered a final judgment in favor of the designated executive agency,
the head of the designated executive agency shall commence a civil action to seek compliance with the final order in any appropriate district court of the United States.
(B) No review
(C) Interest
(b) Criminal
(Pub. L. 109–401, title II, § 242, Dec. 18, 2006, 120 Stat. 2747.)
§ 8143. Specific enforcement
(a) Jurisdiction
The district courts of the United States shall have jurisdiction over civil actions brought by the head of an executive agency designated under section 8111(a) of this title—
(1) to restrain any conduct in violation of section 8124 of this title or section 8141 of this title; or
(2) to compel the taking of any action required by or under this chapter or the Additional Protocol.
(b) Civil actions
(1) In general
A civil action described in subsection (a) may be brought—
(A) in the case of a civil action described in paragraph (1) of such subsection, in the United States district court for the judicial district in which any act, omission, or transaction constituting a violation of section 8124 of this title or section 8141 of this title occurred or in which the defendant is found or transacts business; or
(B) in the case of a civil action described in paragraph (2) of such subsection, in the United States district court for the judicial district in which the defendant is found or transacts business.
(2) Service of process
(Pub. L. 109–401, title II, § 243, Dec. 18, 2006, 120 Stat. 2749.)