[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5445 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5445

To amend title 49, United States Code, to increase the amount of civil 
penalties and criminal fines for violations of requirements prohibiting 
the transportation of chemical oxygen generators on passenger-carrying 
                       aircraft in air commerce.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 11, 2000

 Mr. Lipinski (for himself, Mr. DeFazio, and Mr. Costello) introduced 
      the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to increase the amount of civil 
penalties and criminal fines for violations of requirements prohibiting 
the transportation of chemical oxygen generators on passenger-carrying 
                       aircraft in air commerce.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AIR TRANSPORTATION OF CHEMICAL OXYGEN GENERATORS.

    (a) Civil Penalty.--
            (1) In general.--Section 5123 of title 49, United States 
        Code, is amended by adding at the end the following:
    ``(h) Special Rule for Air Transportation of Chemical Oxygen 
Generators.--
            ``(1) In general.--Notwithstanding subsection (a), any 
        person who, in violation of this chapter or a regulation 
        prescribed or order issued under this chapter, knowingly 
        transports or causes to be transported a chemical oxygen 
        generator on a passenger-carrying aircraft in air commerce (as 
        defined in section 40102(a)) is liable to the United States for 
        a civil penalty of $1,000,000 for each such violation.
            ``(2) Prohibition on compromising amount of civil 
        penalty.--Notwithstanding subsections (c) and (e), the amount 
        of a civil penalty specified in paragraph (1) cannot be 
        compromised.''.
            (2) Conforming amendment.--The second sentence of section 
        5123 of such title is amended by striking ``A person'' and 
        inserting ``In this section (including subsection (h)), a 
        person''.
    (b) Criminal Penalty.--
            (1) In general.--Section 5124 of such title is amended--
                    (A) by striking ``A person'' and inserting ``(a) In 
                General.--A person''; and
                    (B) by adding at the end the following:
    ``(b) Special Rule for Air Transportation of Chemical Oxygen 
Generators.--
            ``(1) In general.--Notwithstanding subsection (a), any 
        person who, in violation of this chapter or a regulation 
        prescribed or order issued under this chapter--
                    ``(A) willfully delivers, or causes to be 
                delivered, a chemical oxygen generator to an air 
                carrier or to an operator of a civil aircraft for 
                transportation on a passenger-carrying aircraft in air 
                commerce (as defined in section 40102(a)); or
                    ``(B) recklessly transports or causes the 
                transportation of a chemical oxygen generator on a 
                passenger-carrying aircraft in air commerce (as defined 
                in section 40102(a)),
        shall be fined $1,000,000, imprisoned for not more than 5 
        years, or both.
            ``(2) Prohibition on reducing amount of fine.--
        Notwithstanding any other provision of law, the amount of a 
        fine specified in paragraph (1) cannot be reduced.''.
            (2) Conforming amendment.--Section 46312 of such title is 
        amended by striking ``A person'' and inserting ``Except as 
        provided in section 5124(b), a person''.
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