ENFORCEMENT.

SEC. 228. ENFORCEMENT. (a) Inspections and Testing.— Section 203(a)(2) of the Clean Air Act (42 U.S.C. 7522(a)(2)) is amended to read as follows: “(2) (A) for any person to fail or refuse to permit access to or copying of records or to fail to make reports or provide information required under section 208; “(B) for any person to fail or refuse to permit entry, testing or inspection authorized under section 206(c) or section 208; “(C) for any person to fail or refuse to perform tests, or have tests performed as required under section 208; “(D) for any manufacturer to fail to make information available as provided by regulation under section 202(m)(5);”. (b) Tampering With Vehicle Emission Controls.— (1) Section 203(a)(3) (42 U.S.C. 7522(a)(3)) is amended to read as follows: “(3) (A) for any person to remove or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this title prior to its sale and delivery to the ultimate purchaser, or for any person knowingly to remove or render inoperative any such device or element of design after such sale and delivery to the ultimate purchaser; or “(B) for any person to manufacture or sell, or offer to sell, or install, any part or component intended for use with, or as part of, any motor vehicle or motor vehicle engine, where a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this title, and where the person knows or should 104 STAT. 2508know that such part or component is being offered for sale or installed for such use or put to such use; or”. (2) At the end of section 203(a) (42 U.S.C. 7522(a)) insert the following: “No action with respect to any device or element of design referred to in paragraph (3) shall be treated as a prohibited act under that paragraph if (i) the action is for the purpose of repair or replacement of the device or element, or is a necessary and temporary procedure to repair or replace any other item and the device or element is replaced upon completion of the procedure, and (ii) such action thereafter results in the proper functioning of the device or element referred to in paragraph (3). No action with respect to any device or element of design referred to in paragraph (3) shall be treated as a prohibited act under that paragraph if the action is for the purpose of a conversion of a motor vehicle for use of a clean alternative fuel (as defined in this title) and if such vehicle complies with the applicable standard under section 202 when operating on such fuel, and if in the case of a clean alternative fuel vehicle (as defined by rule by the Administrator), the device or element is replaced upon completion of the conversion procedure and such action results in proper functioning of the device or element when the motor vehicle operates on conventional fuel.”. (c) Civil and Administrative Penalties.— Section 205 of the Clean Air Act (42 U.S.C. 7524) is amended to read as follows: “SEC. 205. CIVIL PENALTIES. “(a) Violations.— Any person who violates sections 203(a)(1), 203(a)(4), or 203(a)(5) or any manufacturer or dealer who violates section 203(a)(3)(A) shall be subject to a civil penalty of not more than $25,000. Any person other than a manufacturer or dealer who violates section 203(a)(3)(A) or any person who violates section 203(a)(3)(B) shall be subject to a civil penalty of not more than $2,500. Any such violation with respect to paragraph (1), (3)(A), or (4) of section 203(a) shall constitute a separate offense with respect to each motor vehicle or motor vehicle engine. Any such violation with respect to section 203(a)(3)(B) shall constitute a separate offense with respect to each part or component. Any person who violates section 203(a)(2) shall be subject to a civil penalty of not more than $25,000 per day of violation. “(b) Civil Actions.— The Administrator may commence a civil action to assess and recover any civil penalty under subsection (a) of this section, section 211(d), or section 213(d). Any action under this subsection may be brought in the district court of the United States for the district in which the violation is alleged to have occurred or in which the defendant resides or has the Administrator’s principal place of business, and the court shall have jurisdiction to assess a civil penalty. In determining the amount of any civil penalty to be assessed under this subsection, the court shall take into account the gravity of the violation, the economic benefit or savings (if any) resulting from the violation, the size of the violator’s business, the violator’s history of compliance with this title, action taken to remedy the violation, the effect of the penalty on the violator’s ability to continue in business, and such other matters as justice may require. In any such action, subpoenas for witnesses who are required to attend a district court in any district may run into any other district. “(c) Administrative Assessment of Certain Penalties.— 104 STAT. 2509 “(1) Administrative penalty authority.— In lieu of commencing a civil action under subsection (b), the Administrator may assess any civil penalty prescribed in subsection (a) of this section, section 211(d), or section 213(d), except that the maximum amount of penalty sought against each violator in a penalty assessment proceeding shall not exceed $200,000, unless the Administrator and the Attorney General jointly determine that a matter involving a larger penalty amount is appropriate for administrative penalty assessment. Any such determination by the Administrator and the Attorney General shall not be subject to judicial review. Assessment of a civil penalty under this subsection shall be by an order made on the record after opportunity for a hearing in accordance with sections 554 and 556 of title 5 of the United States Code. The Administrator shall issue reasonable rules for discovery and other procedures for hearings under this paragraph. Before issuing such an order, the Administrator shall give written notice to the person to be assessed an administrative penalty of the Administrator’s proposal to issue such order and provide such person an opportunity to request such a hearing on the order, within 30 days of the date the notice is received by such person. The Administrator may compromise, or remit, with or without conditions, any administrative penalty which may be imposed under this section. “(2) Determining amount.— In determining the amount of any civil penalty assessed under this subsection, the Administrator shall take into account the gravity of the violation, the economic benefit or savings (if any) resulting from the violation, the size of the violator’s business, the violator’s history of compliance with this title, action taken to remedy the violation, the effect of the penalty on the violator’s ability to continue in business, and such other matters as justice may require. “(3) Effect of administrator’s action.— (A) Action by the Administrator under this subsection shall not affect or limit the Administrator’s authority to enforce any provision of this Act; except that any violation, “(i) with respect to which the Administrator has commenced and is diligently prosecuting an action under this subsection, or “(ii) for which the Administrator has issued a final order not subject to further judicial review and the violator has paid a penalty assessment under this subsection, shall not be the subject of civil penalty action under subsection (b). “(B) No action by the Administrator under this subsection shall affect any person’s obligation to comply with any section of this Act. “(4) Finality of order.— An order issued under this subsection shall become final 30 days after its issuance unless a petition for judicial review is filed under paragraph (5). “(5) Judicial review.— Any person against whom a civil penalty is assessed in accordance with this subsection may seek review of the assessment in the United States District Court for the District of Columbia, or for the district in which the violation is alleged to have occurred, in which such person resides, or where such person’s principal place of business is located, within the 30-day period beginning on the date a civil penalty 104 STAT. 2510order is issued. Such person shall simultaneously send a copy of the filing by certified mail to the Administrator and the Attorney General. The Administrator shall file in the court a certified copy, or certified index, as appropriate, of the record on which the order was issued within 30 days. The court shall not set aside or remand any order issued in accordance with the requirements of this subsection unless there is not substantial evidence in the record, taken as a whole, to support the finding of a violation or unless the Administrator’s assessment of the penalty constitutes an abuse of discretion, and the court shall not impose additional civil penalties unless the Administrator’s assessment of the penalty constitutes an abuse of discretion. In any proceedings, the United States may seek to recover civil penalties assessed under this section. “(6) Collection.— If any person fails to pay an assessment of a civil penalty imposed by the Administrator as provided in this subsection— “(A) after the order making the assessment has become final, or “(B) after a court in an action brought under paragraph (5) has entered a final judgment in favor of the Administrator, the Administrator shall request the Attorney General to bring a civil action in an appropriate district court to recover the amount assessed (plus interest at rates established pursuant to section 6621(a)(2) of the Internal Revenue Code of 1986 from the date of the final order or the date of the final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of the penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in addition to that amount and interest, the United States’ enforcement expenses, including attorneys fees and costs for collection proceedings, and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. The nonpayment penalty shall be in an amount equal to 10 percent of the aggregate amount of that person’s penalties and nonpayment penalties which are unpaid as of the beginning of such quarter.”. (d) Enforcement of Fuels Regulations.— Section 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is amended to read as follows: “(d) Penalties and Injunctions.— “(1) Civil penalties.— Any person who violates subsection (a), (f), (g), (k), (1), (m), or (n) of this section or the regulations prescribed under subsection (c), (h), (i), (k), (1), (m), or (n) of this section or who fails to furnish any information or conduct any tests required by the Administrator under subsection (b) of this section shall be liable to the United States for a civil penalty of not more than the sum of $25,000 for every day of such violation and the amount of economic benefit or savings resulting from the violation. Any violation with respect to a regulation prescribed under subsection (c), (k), (1), or (m) of this section which establishes a regulatory standard based upon a multiday aver-aging period shall constitute a separate day of violation for each and every day in the averaging period. Civil penalties shall be assessed in accordance with subsections (b) and (c) of section 205. 104 STAT. 2511 “(2) Injunctive authority.— The district courts of the United States shall have jurisdiction to restrain violations of subsections (a), (f), (g), (k), (l), (m), and (n) of this section and of the regulations prescribed under subsections (c), (h), (i), (k), (1), (m), and (n) of this section, to award other appropriate relief, and to compel the furnishing of information and the conduct of tests required by the Administrator under subsection (b) of this section. Actions to restrain such violations and compel such actions shall be brought by and in the name of the United States. In any such action, subpoenas for witnesses who are required to attend a district court in any district may run into any other district.”. (e) Miscellaneous Enforcement.— (1) Section 203(a) of the Clean Air Act is amended as follows: (1) Insert “or part C in the case of clean-fuel vehicles” before “(except” in paragraph (1). (2) In paragraph (4) insert “or part C” after “202”. (3) At the end of paragraph (4)(A) insert “or (ii) the corresponding requirements of part C in the case of clean fuel vehicles unless the manufacturer has complied with the corresponding requirements of part C” and in paragraph (4)(A) after “complied with” insert “(i)”. (4) At the end of paragraph (4)(B) insert “or the corresponding requirements of part C in the case of clean fuel vehicles”. (5) In paragraph (4)(C) insert after “207” the following: “and the corresponding requirements of part C in the case of clean fuel vehicles”. (6) In paragraph (4)(D) insert “or the corresponding requirements of part C in the case of clean fuel vehicles” before “with respect to any vehicle”. (7) Strike the period at the end of paragraph (4) and insert or” and add the following new paragraph after paragraph (4): “(5) for any person to violate section 218, 219, or part C of this title or any regulations under section 218, 219, or part C.”.