Page:United States Statutes at Large Volume 108 Part 2.djvu/376

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108 STAT. 1092 PUBLIC LAW 103-272—JULY 5, 1994 (2) The Secretary of Transportation imposes a civil penalty under this subsection. The Secretary may compromise the amount of a penalty. (3) In determining the amount of a civil penalty or compromise under this subsection, the Secretary shall consider the size of the person's business and the gravity of the violation. (4) The Attorney (General shall bring a civil action in a United States district court to collect a civil penalty imposed under this subsection. (5) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty. (b) CHOP SHOP PENALTY AND ENFORCEMENT.— (1) A person that violates section 33114(a)(5) of this title is liable to the Government for a civil penalty of not more than $100,000 a day for each violation. (2) As appropriate and in consultation with the Attorney General, the Secretary shall— (A) bring a civil action for a temporary or permanent injunction to restrain a person violating section 33114(a)(5) of this section; (B) impose and recover the penalty described in paragraph (1) of this subsection; or (C) take both the actions described in clauses (A) and (B) of this paragraph. (c) CIVIL ACTIONS TO ENFORCE.—(1) 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 containing a major part, or of a major replacement part, that is subject to the standard and is determined before the sale of the vehicle or part to a first purchaser not to conform to the standard. (2)(A) When practicable, the Secretary— (i) shall notify a person against whom an action under this subsection is planned; (ii) shall give the person an opportunity to present that person's views; and (iii) except for a knowing and willful violation, shall give the person a reasonable opportunity to comply. (B) The failure of the Secretary to comply with subparagraph (A) of this paragraph 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 resides, is found, or transacts 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.