Home > 106th Congressional Bills > S. 1403 (is) To amend chapter 3 of title 28, United States Code, to modify en banc procedures for the Ninth Circuit Court of Appeals, and for other purposes. [Introduced in Senate] ...

S. 1403 (is) To amend chapter 3 of title 28, United States Code, to modify en banc procedures for the Ninth Circuit Court of Appeals, and for other purposes. [Introduced in Senate] ...


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            (2) by striking ``21301'' in paragraph (2) and inserting 
        ``21301, 21302, or 21303'';<greek-th> x 
            (3) by striking ``subpena'' in paragraph (3) and inserting 
        ``subpena, request for production of documents or other 
        tangible things, or request for testimony by deposition''; 
        and<greek-th> x 
            (4) by striking ``chapter.'' in paragraph (3) and inserting 
        ``part.''.<greek-th> x 

SEC. 302. TECHNICAL AMENDMENTS TO CIVIL PENALTY 
              PROVISIONS.<greek-th> x 

    (a) General Violations of Chapter 201.--Section 21301(a)(2) is 
amended--<greek-th> x 
            (1) by striking ``$10,000.'' and inserting ``$10,000 or the 
        amount to which the stated maximum penalty is adjusted if 
        required by the Federal Civil Penalties Inflation Adjustment 
        Act of 1990 (28 U.S.C. 2461 note).''; and<greek-th> x 
            (2) by striking ``$20,000.'' and inserting ``$20,000 or the 
        amount to which the stated maximum penalty is adjusted if 
        required by the Federal Civil Penalties Inflation Adjustment 
        Act of 1990 (28 U.S.C. 2461 note).''.<greek-th> x 
    (b) Accident and Incident Violations of Chapter 201; Violations of 
Chapters 203 Through 209.--<greek-th> x 
            (1) Section 21302(a)(2) is amended--<greek-th> x 
                    (A) by striking ``$10,000.'' and inserting 
                ``$10,000 or the amount to which the stated maximum 
                penalty is adjusted if required by the Federal Civil 
                Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 
                2461 note).''; and<greek-th> x 
                    (B) by striking ``$20,000.'' and inserting 
                ``$20,000 or the amount to which the stated maximum 
                penalty is adjusted if required by the Federal Civil 
                Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 
                2461 note).''.<greek-th> x 
            (2) Section 21302 is amended by adding at the end the 
        following:<greek-th> x 
    ``(c) Setoff.--The 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.<greek-th> x 
    ``(d) Deposit in Treasury.--A civil penalty collected under this 
section shall be deposited in the Treasury as miscellaneous 
receipts.''.<greek-th> x 
    (c) Violations of Chapter 211.--<greek-th> x 
            (1) Section 21303(a)(2) is amended--<greek-th> x 
                    (A) by striking ``$10,000.'' and inserting 
                ``$10,000 or the amount to which the stated maximum 
                penalty is adjusted if required by the Federal Civil 
                Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 
                2461 note).''; and<greek-th> x 
                    (B) by striking ``$20,000.'' and inserting 
                ``$20,000 or the amount to which the stated maximum 
                penalty is adjusted if required by the Federal Civil 
                Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 
                2461 note).''.<greek-th> x 
            (2) Section 21303 is amended by adding at the end the 
        following:<greek-th> x 
    ``(d) Setoff.--The 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.<greek-th> x 
    ``(e) Deposit in Treasury.--A civil penalty collected under this 
section shall be deposited in the Treasury as miscellaneous 
receipts.''.<greek-th> x 

SEC. 303. TECHNICAL AMENDMENTS TO ELIMINATE UNNECESSARY 
              PROVISIONS.<greek-th> x 

    (a) In General.--Chapter 201 is amended--<greek-th> x 
            (1) by striking the second sentence of section 
        20103(f);<greek-th> x 
            (2) by striking section 20145; <greek-th> x 
            (3) by striking section 20146; and <greek-th> x 
            (4) by striking section 20150.<greek-th> x 
    (b) Conforming Amendments.--The chapter analysis for chapter 201 is 
amended by striking the items relating to sections 20145, 20146, and 
20150 and inserting at the appropriate place in the analysis the 
following:<greek-th> x 

        <greek-th> x <greek-th><greek-e>``20145. 
                            [Repealed].<greek-th><greek-e>
        ``20146. [Repealed].<greek-th><greek-e>
        ``20150. [Repealed].''.<greek-th><greek-e><greek-th> x 

            Passed the Senate November 25, 2003.<greek-th> x 

            Attest:<greek-th> x 

                                EMILY J. REYNOLDS,<greek-th> x 

                                   Secretary.<greek-th> x <greek-th> x 

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