
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: 49USC32914]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                  CHAPTER 329--AUTOMOBILE FUEL ECONOMY
 
Sec. 32914. Collecting civil penalties

    (a) Civil Actions.--If a person does not pay a civil penalty after 
it becomes a final order of the Secretary of Transportation or a 
judgment of a court of appeals of the United States for a circuit, the 
Attorney General shall bring a civil action in an appropriate district 
court of the United States to collect the penalty. The validity and 
appropriateness of the final order imposing the penalty is not 
reviewable in the action.
    (b) Priority of Claims.--A claim of a creditor against a bankrupt or 
insolvent manufacturer of automobiles has priority over a claim of the 
United States Government against the manufacturer for a civil penalty 
under section 32912(b) of this title when the creditor's claim is for 
credit extended before a final judgment (without regard to section 
32913(b)(1) and (2) of this title) in an action to collect under 
subsection (a) of this section.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1074.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
32914(a)..............................  15:2008(b)(3) (last sentence),   Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                         (c)(2).                          947, 
Sec.  508(b)(3) (last sentence),
                                                                          (6), 
(c)(2); added Dec. 22, 1975, Pub.
                                                                          L. 94
-163, Sec.  301, 89 Stat. 913,
                                                                          914.
32914(b)..............................  15:2008(b)(6).
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---------------------------------

    In subsection (a), the text of 15:2008(b)(3) (last sentence) is 
omitted as surplus because of 28:516 and 2461(a). The words ``an 
assessment of'' and ``and unappealable'' are omitted as surplus. The 
words ``of the Secretary of Transportation'' are added for clarity. The 
words ``for a circuit'' are added for consistency. The words ``in favor 
of the Secretary'' are omitted as surplus. The words ``shall bring a 
civil action . . . to collect the penalty'' are substituted for ``shall 
recover the amount for which the manufacturer is liable'' for 
consistency.
    In subsection (b), the words ``A claim of a creditor against a 
bankrupt or insolvent manufacturer of automobiles has priority over a 
claim of the United States Government against the manufacturer'' are 
substituted for ``A claim of the United States . . . against a 
manufacturer . . . shall, in the case of the bankruptcy or insolvency of 
such manufacturer, be subordinate to any claim of a creditor of such 
manufacturer'' for clarity and to eliminate unnecessary words. The words 
``the date on which'' are omitted as surplus.
