I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AIR TRANSPORTATION OF CHEMICAL OXYGEN

4 GENERATORS.

5 (a) CIVIL PENALTY.—
2

•HR 5445 IH

1 (1) IN GENERAL.—Section 5123 of title 49,

2 United States Code, is amended by adding at the

3 end the following:

4 ‘‘(h) SPECIAL RULE FOR AIR TRANSPORTATION OF

5 CHEMICAL OXYGEN GENERATORS.—

6 ‘‘(1) IN GENERAL.—Notwithstanding subsection

7 (a), any person who, in violation of this chapter or

8 a regulation prescribed or order issued under this

9 chapter, knowingly transports or causes to be trans10 ported a chemical oxygen generator on a passenger11 carrying aircraft in air commerce (as defined in sec12 tion 40102(a)) is liable to the United States for a

13 civil penalty of $1,000,000 for each such violation.

14 ‘‘(2) PROHIBITION ON COMPROMISING AMOUNT

15 OF CIVIL PENALTY.—Notwithstanding subsections

16 (c) and (e), the amount of a civil penalty specified

17 in paragraph (1) cannot be compromised.’’.

18 (2) CONFORMING AMENDMENT.—The second

19 sentence of section 5123 of such title is amended by

20 striking ‘‘A person’’ and inserting ‘‘In this section

21 (including subsection (h)), a person’’.

22 (b) CRIMINAL PENALTY.—

23 (1) IN GENERAL.—Section 5124 of such title is

24 amended—
3

•HR 5445 IH

1 (A) by striking ‘‘A person’’ and inserting

2 ‘‘(a) IN GENERAL.—A person’’; and

3 (B) by adding at the end the following:

4 ‘‘(b) SPECIAL RULE FOR AIR TRANSPORTATION OF

5 CHEMICAL OXYGEN GENERATORS.—

6 ‘‘(1) IN GENERAL.—Notwithstanding subsection

7 (a), any person who, in violation of this chapter or

8 a regulation prescribed or order issued under this

9 chapter—

10 ‘‘(A) willfully delivers, or causes to be de11 livered, a chemical oxygen generator to an air

12 carrier or to an operator of a civil aircraft for

13 transportation on a passenger-carrying aircraft

14 in air commerce (as defined in section

15 40102(a)); or

16 ‘‘(B) recklessly transports or causes the

17 transportation of a chemical oxygen generator

18 on a passenger-carrying aircraft in air com19 merce (as defined in section 40102(a)),

20 shall be fined $1,000,000, imprisoned for not more

21 than 5 years, or both.

22 ‘‘(2) PROHIBITION ON REDUCING AMOUNT OF

23 FINE.—Notwithstanding any other provision of law,

24 the amount of a fine specified in paragraph (1) can25 not be reduced.’’.
4

•HR 5445 IH

1 (2) CONFORMING AMENDMENT.—Section 46312

2 of such title is amended by striking ‘‘A person’’ and

3 inserting ‘‘Except as provided in section 5124(b), a

4 person’’.

Æ