CIVIL PENALTIES.

SEC. 31203. CIVIL PENALTIES. (a) In General.—Section 30165 of title 49, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking “30123(d)” and inserting “30123(a)”; and (ii) by striking “$15,000,000” and inserting “$35,000,000”; and (B) in paragraph (3), by striking “$15,000,000” and inserting “$35,000,000”; and (2) by amending subsection (c) to read as follows: “(c) Relevant Factors in Determining Amount of Penalty or Compromise. In determining the amount of a civil penalty or compromise under this section, the Secretary of Transportation shall consider the nature, circumstances, extent, and gravity of the violation. Such determination shall include, as appropriate— “(1) the nature of the defect or noncompliance; “(2) knowledge by the person charged of its obligations under this chapter; “(3) the severity of the risk of injury; “(4) the occurrence or absence of injury; “(5) the number of motor vehicles or items of motor vehicle equipment distributed with the defect or noncompliance; “(6) actions taken by the person charged to identify, investigate, or mitigate the condition; “(7) the appropriateness of such penalty in relation to the size of the business of the person charged, including the potential for undue adverse economic impacts; “(8) whether the person has been assessed civil penalties under this section during the most recent 5 years; and “(9) other appropriate factors.” . (b) [49 U.S.C. 30165 note] Civil Penalty Criteria.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule, in accordance with the procedures of section 553 of title 5, United States Code, which provides an interpretation of the penalty factors described in section 30165(c) of title 49, United States Code. (c) [49 U.S.C. 30165 note] Effective Date.—The amendments made by subsection (a) shall take effect on the date that is the earlier of the date on which final regulations are issued under subsection (b) or 1 year after the date of enactment of this Act.