
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC32507]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                      CHAPTER 325--BUMPER STANDARDS
 
Sec. 32507. Penalties and enforcement

    (a) Civil Penalty.--(1) A person that violates section 32506(a) of 
this title is liable to the United States Government for a civil penalty 
of not more than $1,000 for each violation. A separate violation occurs 
for each passenger motor vehicle or item of passenger motor vehicle 
equipment involved in a violation of section 32506(a)(1) or (4) of this 
title--
        (A) that does not comply with a standard prescribed under 
    section 32502 of this title; or
        (B) for which a certificate is not provided, or for which a 
    false or misleading certificate is provided, under section 32504 of 
    this title.

    (2) The maximum civil penalty under this subsection for a related 
series of violations is $800,000.
    (3) The Secretary of Transportation imposes a civil penalty under 
this subsection. The Attorney General or the Secretary, with the 
concurrence of the Attorney General, shall bring a civil action in a 
United States district court to collect the penalty.
    (b) Criminal Penalty.--A person knowingly and willfully violating 
section 32506(a)(1) of this title after receiving a notice of 
noncompliance from the Secretary shall be fined under title 18, 
imprisoned for not more than one year, or both. If the person is a 
corporation, the penalties of this subsection also apply to a director, 
officer, or individual agent of the corporation who, with knowledge of 
the Secretary's notice, knowingly and willfully authorizes, orders, or 
performs an act that is any part of the violation.
    (c) Civil Actions To Enforce.--(1) The Secretary or the Attorney 
General may bring a civil action in a United States district court to 
enjoin a violation of this chapter or the sale, offer for sale, 
introduction or delivery for introduction in interstate commerce, or 
importation into the United States, of a passenger motor vehicle or 
passenger motor vehicle equipment that is found, before the first 
purchase in good faith other than for resale, not to comply with a 
standard prescribed under section 32502 of this title.
    (2) When practicable, the Secretary shall--
        (A) notify a person against whom an action under this subsection 
    is planned;
        (B) give the person an opportunity to present that person's 
    views; and
        (C) except for a knowing and willful violation, give the person 
    a reasonable opportunity to comply.

    (3) The failure of the Secretary to comply with paragraph (2) of 
this subsection does not prevent a court from granting appropriate 
relief.
    (d) Jury Trial Demand.--In a trial for criminal contempt for 
violating an injunction or restraining order issued under subsection (c) 
of this section, the violation of which is also a violation of this 
chapter, the defendant may demand a jury trial. The defendant shall be 
tried as provided in rule 42(b) of the Federal Rules of Criminal 
Procedure (18 App. U.S.C.).
    (e) Venue.--A civil action under subsection (a) or (c) of this 
section may be brought in the judicial district in which the violation 
occurred or the defendant is found, resides, or does business. Process 
in the action may be served in any other judicial district in which the 
defendant resides or is found. A subpena for a witness in the action may 
be served in any judicial district.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1046.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
32507(a)..............................  15:1917(a).                      Oct. 2
0, 1972, Pub. L. 92-513, Sec.
                                                                          107, 
86 Stat. 953.
32507(b)..............................  15:1917(b).
32507(c)..............................  15:1917(c)(1).
32507(d)..............................  15:1917(c)(2).
32507(e)..............................  15:1917(c)(3), (4).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(3), the words ``by any of the Secretary's 
attorneys designated by the Secretary for such purpose'' are omitted as 
surplus.
    In subsection (b), the words ``fined under title 18'' are 
substituted for ``fined not more than $50,000'' for consistency with 
title 18. The words ``If the person is a corporation, the penalties of 
this subsection also apply'' are substituted for ``If a corporation 
violates section 1916(a)(1) of this title after having received notice 
of noncompliance from the Secretary . . . shall be subject to penalties 
under this section in addition to the corporation'', the word ``act'' is 
substituted for ``acts or practices'', and the words ``any part of the 
violation'' are substituted for ``in whole or in part such violation'', 
to eliminate unnecessary words.
    In subsection (c)(1), the words ``may bring a civil action'' are 
substituted for ``Upon petition . . . on behalf of the United States . . 
. have jurisdiction'' for consistency with rule 2 of the Federal Rules 
of Civil Procedure (28 App. U.S.C.) and to eliminate unnecessary words. 
The words ``for cause shown and subject to the provisions of rule 65(a) 
and (b) of the Federal Rules of Civil Procedure'' are omitted as surplus 
because the rules apply in the absence of an exemption from them. The 
word ``enjoin'' is substituted for ``restrain'' for consistency.
    In subsection (d), the words ``the defendant may demand a jury 
trial'' are substituted for ``trial shall be by the court, or, upon 
demand of the accused, by a jury'' to eliminate unnecessary words and 
for consistency in the revised title.
    In subsection (e), the words ``any act or transaction constituting'' 
are omitted as surplus. The word ``resides'' is substituted for ``is an 
inhabitant'' for consistency and to eliminate unnecessary words.
