333 
(2) the establishment of a point of contact, which may be a single 
point of contact in the Department, for each mode of transportation 
for the sharing of transportation security information with public and 
private stakeholders, including an explanation and justification to the 
appropriate congressional committees if the point of contact established 
under this paragraph differs from the agency within the Department 
that has the primary authority, or has been delegated the authority by 
the Secretary, to regulate the security of that transportation mode; 
(3) a reasonable deadline by which the Plan will be implemented; and 
(4) a description of resource needs for fulfilling the Plan. 
(e) COORDINATION WITH INFORMATION SHARING.—The Plan shall be— 
(1) implemented in coordination, as appropriate, with the program 
manager for the information sharing environment established under 
section 11708 of this title; and 
(2) consistent with the establishment of the information sharing en-
vironment and policies, guidelines, procedures, instructions, or stand-
ards established by the President or the program manager for the im-
plementation and management of the information sharing environment. 
(f) REPORTS TO CONGRESS.—The Secretary shall, not later than Decem-
ber 31 each year, submit to the appropriate congressional committees, a re-
port containing the Plan. 
(g) COMPTROLLER GENERAL SURVEY AND REPORT.— 
(1) BIENNIAL SURVEY.— 
(A) IN GENERAL.—The Comptroller General shall conduct a bi-
ennial survey of the satisfaction of recipients of transportation in-
telligence reports disseminated under the Plan. 
(B) INFORMATION SOUGHT.—The survey conducted under sub-
paragraph (A) shall seek information about the quality, speed, reg-
ularity, and classification of the transportation security informa-
tion products disseminated by the Department to public and pri-
vate stakeholders. 
(2) REPORT.—The Comptroller General shall, each even-numbered 
year, submit to the appropriate congressional committees, a report on 
the results of the survey conducted under paragraph (1). The Comp-
troller General shall also provide a copy of the report to the Secretary. 
(h) SECURITY CLEARANCES.—The Secretary shall, to the greatest extent 
practicable, take steps to expedite the security clearances needed for des-
ignated public and private stakeholders to receive and obtain access to clas-
sified information distributed under this section, as appropriate. 
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(i) CLASSIFICATION OF MATERIAL.—The Secretary, to the greatest extent 
practicable, shall provide designated public and private stakeholders with 
transportation security information in an unclassified format. 
(j) STAKEHOLDER SEMIANNUAL REPORT.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the Sec-
retary shall provide a semiannual report to the appropriate congres-
sional committees that includes— 
(A) the number of public and private stakeholders who were 
provided with each report on the Plan; 
(B) a description of the measures the Secretary has taken, 
under subsection (g) or otherwise, to ensure proper treatment and 
security for classified information to be shared with the public and 
private stakeholders under the Plan; and 
(C) an explanation of the reason for the denial of transportation 
security information to a stakeholder who had previously received 
the information. 
(2) WHEN REPORT NOT REQUIRED.—The Secretary is not required 
to provide a semiannual report under paragraph (1) if no stakeholders 
have been added to or removed from the group of persons with whom 
transportation security information is shared under the plan since the 
end of the period covered by the last preceding semiannual report. 
§ 11316. Enforcement of certain regulations and orders of 
the Secretary 
(a) DEFINITIONS.—In this section: 
(1) PERSON.—The term ‘‘person’’ does not include— 
(A) the United States Postal Service; or 
(B) the Department of Defense. 
(2) SMALL BUSINESS CONCERN.—The term ‘‘small business concern’’ 
has the meaning given the term in section 3 of the Small Business Act 
(15 U.S.C. 632). 
(b) APPLICABILITY OF SECTION.— 
(1) IN GENERAL.—This section applies to the enforcement of regula-
tions prescribed, and orders issued, by the Secretary under a provision 
of chapter 701 of title 46 or under a provision of title 49 other than 
a provision of former chapter 449 (in this section referred to as an 
‘‘applicable provision of title 49’’). 
(2) VIOLATIONS OF FORMER CHAPTER 449 OF TITLE 49.—The pen-
alties under chapter 125 of title 18 and chapter 182 of title 28 apply 
to violations of regulations prescribed and orders issued by the Sec-
retary under former chapter 449 of title 49. 
(3) NON-APPLICABILITY TO CERTAIN VIOLATIONS.— 
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(A) IN GENERAL.—Subsections (c) through (f) do not apply to 
violations of regulations prescribed, and orders issued, by the Sec-
retary under a provision of title 49— 
(i) involving the transportation of personnel or shipments 
of materials by contractors where the Department of Defense 
has assumed control and responsibility; 
(ii) by a member of the armed forces of the United States 
when performing official duties; or 
(iii) by a civilian employee of the Department of Defense 
when performing official duties. 
(B) ALTERNATIVE PENALTIES.—Violations described in clause 
(i), (ii), or (iii) of subparagraph (A) shall be subject to penalties 
as determined by the Secretary of Defense or the designee of the 
Secretary of Defense. 
(c) CIVIL PENALTY.— 
(1) IN GENERAL.—A person is liable to the United States Govern-
ment for a civil penalty of not more than $10,000 for a violation of 
a regulation prescribed, or order issued, by the Secretary under an ap-
plicable provision of title 49. 
(2) REPEAT VIOLATIONS.—A separate violation occurs under this 
subsection for each day the violation continues. 
(d) ADMINISTRATIVE IMPOSITION OF CIVIL PENALTIES.— 
(1) IN GENERAL.—The Secretary may impose a civil penalty for a 
violation of a regulation prescribed, or order issued, under an applica-
ble provision of title 49. The Secretary shall give written notice of the 
finding of a violation and the penalty. 
(2) SCOPE OF CIVIL ACTION.—In a civil action to collect a civil pen-
alty imposed by the Secretary under this section, a court may not re- 
examine issues of liability or the amount of the penalty. 
(3) JURISDICTION.—The district courts of the United States shall 
have exclusive jurisdiction of civil actions to collect a civil penalty im-
posed by the Secretary under this section if— 
(A) the amount in controversy is more than— 
(i) $400,000, if the violation was committed by a person 
other than an individual or small business concern; or 
(ii) $50,000 if the violation was committed by an individual 
or small business concern; 
(B) the action is in rem or another action in rem based on the 
same violation has been brought; or 
(C) another action has been brought for an injunction based on 
the same violation. 
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(4) MAXIMUM PENALTY.—The maximum civil penalty the Secretary 
administratively may impose under this subsection is— 
(A) $400,000, if the violation was committed by a person other 
than an individual or small business concern; or 
(B) $50,000, if the violation was committed by an individual or 
small business concern. 
(5) NOTICE AND OPPORTUNITY TO REQUEST HEARING.—Before im-
posing a penalty under this chapter, the Secretary shall provide to the 
person against whom the penalty is to be imposed— 
(A) written notice of the proposed penalty; and 
(B) the opportunity to request a hearing on the proposed pen-
alty, if the Secretary receives the request not later than 30 days 
after the date on which the person receives notice. 
(e) COMPROMISE AND SETOFF.— 
(1) COMPROMISE.—The Secretary may compromise the amount of a 
civil penalty imposed under this section. 
(2) SETOFF.—The United States Government may deduct the 
amount of a civil penalty imposed or compromised under this section 
from amounts it owes the person liable for the penalty. 
(f) INVESTIGATIONS AND PROCEEDINGS.—Subchapter IV of chapter 409 
of this title applies to investigations and proceedings brought under this sec-
tion to the same extent that chapter 461 of title 49 applies to investigations 
and proceedings brought with respect to aviation security duties designated 
to be carried out by the Secretary. 
(g) ENFORCEMENT TRANSPARENCY.— 
(1) IN GENERAL.—The Secretary shall, not later than December 31 
each year— 
(A) provide an annual summary to the public of all enforcement 
actions taken by the Secretary under this section; and 
(B) include in each summary the docket number of each en-
forcement action, the type of alleged violation, the penalty or pen-
alties proposed, and the final assessment amount of each penalty. 
(2) ELECTRONIC
AVAILABILITY.—Each summary under this sub-
section shall be made available to the public by electronic means. 
(3) RELATIONSHIP TO FREEDOM OF INFORMATION ACT AND PRIVACY 
ACT.—Nothing in this subsection shall be construed to require disclo-
sure of information or records that are exempt from disclosure under 
section 552 or 552a of title 5. 
§ 11317. Registered traveler fee 
Notwithstanding section 553 of title 5, the Secretary shall impose a fee 
for a registered traveler program undertaken by the Department by notice 
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