
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC32913]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                  CHAPTER 329--AUTOMOBILE FUEL ECONOMY
 
Sec. 32913. Compromising and remitting civil penalties

    (a) General Authority and Limitations.--The Secretary of 
Transportation may compromise or remit the amount of a civil penalty 
imposed under section 32912(a) or (b) of this title. However, the amount 
of a penalty imposed under section 32912(b) may be compromised or 
remitted only to the extent--
        (1) necessary to prevent the insolvency or bankruptcy of the 
    manufacturer of automobiles;
        (2) the manufacturer shows that the violation was caused by an 
    act of God, a strike, or a fire; or
        (3) the Federal Trade Commission certifies under subsection 
    (b)(1) of this section that a reduction in the penalty is necessary 
    to prevent a substantial lessening of competition.

    (b) Certification by Commission.--(1) A manufacturer liable for a 
civil penalty under section 32912(b) of this title may apply to the 
Commission for a certification that a reduction in the penalty is 
necessary to prevent a substantial lessening of competition in the 
segment of the motor vehicle industry subject to the standard that was 
violated. The Commission shall make the certification when it finds that 
reduction is necessary to prevent the lessening. The Commission shall 
state in the certification the maximum amount by which the penalty may 
be reduced.
    (2) An application under this subsection must be made not later than 
30 days after the Secretary decides that the manufacturer has violated 
section 32911(b) of this title. To the maximum extent practicable, the 
Commission shall make a decision on an application by the 90th day after 
the application is filed. A proceeding under this subsection may not 
delay the manufacturer's liability for the penalty for more than 90 days 
after the application is filed.
    (3) When a civil penalty is collected in a civil action under this 
chapter before a decision of the Commission under this subsection is 
final, the payment shall be paid to the court in which the action was 
brought. The court shall deposit the payment in the general fund of the 
Treasury on the 90th day after the decision of the Commission becomes 
final. When the court is holding payment of a penalty reduced under 
subsection (a)(3) of this section, the Secretary shall direct the court 
to remit the appropriate amount of the penalty to the manufacturer.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1073; Pub. L. 103-
429, Sec. 6(41), Oct. 31, 1994, 108 Stat. 4382; Pub. L. 104-287, 
Sec. 6(d)(1)(A), Oct. 11, 1996, 110 Stat. 3399.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
32913(a)..............................  15:2008(b)(3) (2d sentence).     Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, 
Sec.  508(b)(3) (2d sentence),
                                                                          (4), 
(5); added Dec. 22, 1975, Pub. L.
                                                                          94-16
3, Sec.  301, 89 Stat. 913; Oct.
                                                                          10, 1
980, Pub. L. 96-425, Sec.
                                                                          6(c)(
1), 94 Stat. 1827.
32913(b)..............................  15:2008(b)(4), (5).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), before clause (1), the words ``compromise or 
remit'' are substituted for ``compromise, modify, or remit, with or 
without conditions'' for consistency in the revised title. The words 
``against any person'' are omitted as surplus. The reference to section 
32912(b) (a restatement of 15:2008(b)(1)) is used rather than a 
reference to 32911(b) (a restatement of 15:2007(a)(1) or (2)) to avoid 
referring, as in the source, to one provision that in turn refers to 
another provision. In clause (3), the word ``reduction'' is substituted 
for ``modification'' for clarity. The words ``as determined under 
paragraph (4)'' are omitted as surplus.
    In subsection (b)(1), the words ``the standard that was violated'' 
are substituted for ``the standard with respect to which such penalty 
was assessed'', and the words ``The Commission shall make the 
certification when it finds that reduction'' are substituted for ``If 
the manufacturer shows and the Federal Trade Commission determines that 
modification of the civil penalty for which such manufacturer is 
otherwise liable . . . the Commission shall so certify'', to eliminate 
unnecessary words.
    In subsection (b)(3), the words ``When a civil penalty is collected 
in a civil action under this chapter'' are substituted for ``but any 
payment made'' for clarity. The words ``action was brought'' are 
substituted for ``the penalty is collected'' for consistency. The words 
``and shall (except as otherwise provided in paragraph (5)), be held by 
such court'' are omitted as surplus. The words ``When the court is 
holding payment of a penalty reduced under subsection (a)(3) of this 
section'' are substituted for ``Whenever a civil penalty has been 
assessed and collected from a manufacturer under this section, and is 
being held by a court in accordance with paragraph (4), and the 
Secretary subsequently determines to modify such civil penalty pursuant 
to paragraph (3)(C)'' to eliminate unnecessary words.


                             Pub. L. 103-429

    This amends 49:32913(b)(1) to clarify the restatement of 
15:2008(b)(4) and (5) by section 1 of the Act of July 5, 1994 (Public 
Law 103-272, 108 Stat. 1073).


                               Amendments

    1996--Subsec. (b). Pub. L. 104-287 made technical amendment to 
directory language of Pub. L. 103-429, Sec. 6(41). See 1994 Amendment 
notes below.
    1994--Subsec. (b). Pub. L. 103-429, Sec. 6(41)(A), as amended by 
Pub. L. 104-287, substituted ``Certification'' for ``Penalty Reduction'' 
in heading.
    Subsec. (b)(1). Pub. L. 103-429, Sec. 6(41)(B), as amended by Pub. 
L. 104-287, substituted ``a reduction in the penalty is necessary'' for 
``the penalty should be reduced''.


                    Effective Date of 1996 Amendment

    Section 6(d) of Pub. L. 104-287 provided that the amendment made by 
that section is effective Oct. 31, 1994.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9 
of Pub. L. 103-429, set out as a note under section 321 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 32914, 32915 of this title.
