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49 U.S.C. § 32308 — General prohibitions, civil penalty, and enforcement

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 32308 — General prohibitions, civil penalty, and enforcement

**(a) Prohibitions.—** A person may not— (1) fail to provide the Secretary of Transportation with information requested by the Secretary in carrying out this chapter; or (2) fail to comply with applicable regulations prescribed by the Secretary in carrying out this chapter. **(b) Civil Penalty.—** (1) A person that violates subsection (a) of this section is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. Each failure to provide information or comply with a regulation in violation of subsection (a) is a separate violation. The maximum penalty under this subsection for a related series of violations is $400,000. (2) The Secretary may compromise the amount of a civil penalty imposed under this section. (3) In determining the amount of a penalty or compromise, the appropriateness of the penalty or compromise to the size of the business of the person charged and the gravity of the violation shall be considered. (4) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty. **(c) Section 32304A.—** Any person who fails to comply with the national tire fuel efficiency information program under section 32304A is liable to the United States Government for a civil penalty of not more than $50,000 for each violation. **(d) Civil Actions To Enforce.—** (1) The Attorney General may bring a civil action in a United States district court to enjoin a violation of subsection (a) of this section. (2) When practicable, the Secretary shall— (A) notify a person against whom an action under this subsection is planned; (B) give the person an opportunity to present that person’s views; and (C) give the person a reasonable oppo

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Stable record: federal_law:legal_authorities:record_usc_cf49668368852e427137d639
Source file: Laws/federal/codes/united-states-code/title-49/section-32308-general-prohibitions-civil-penalty-and-enforcement--ee1142372d.md
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Source location: Title 49, Chapter 323, § 32308; chapter-323-consumer-information.md

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**(a) Prohibitions.—** A person may not— (1) fail to provide the Secretary of Transportation with information requested by the Secretary in carrying out this chapter; or (2) fail to comply with applicable regulations prescribed by the Secretary in carrying out this chapter. **(b) Civil Penalty.—** (1) A person that violates subsection (a) of this section is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. Each failure to provide information or comply with a regulation in violation of subsection (a) is a separate violation. The maximum penalty under this subsection for a related series of violations is $400,000. (2) The Secretary may compromise the amount of a civil penalty imposed under this section. (3) In determining the amount of a penalty or compromise, the appropriateness of the penalty or compromise to the size of the business of the person charged and the gravity of the violation shall be considered. (4) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty. **(c) Section 32304A.—** Any person who fails to comply with the national tire fuel efficiency information program under section 32304A is liable to the United States Government for a civil penalty of not more than $50,000 for each violation. **(d) Civil Actions To Enforce.—** (1) The Attorney General may bring a civil action in a United States district court to enjoin a violation of subsection (a) of this section. (2) When practicable, the Secretary shall— (A) notify a person against whom an action under this subsection is planned; (B) give the person an opportunity to present that person’s views; and (C) give the person a reasonable opportunity to comply. (3) The failure of the Secretary to comply with paragraph (2) of this subsection does not prevent a court from granting appropriate relief. **(e) Venue and Service.—** A civil action under this section may be brought in the judicial district in which the violation occurred or the defendant is found, resides, or does 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.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1824 — Energy and environmental measures in Capitol Complex Master Plan

**(a) In general** To the maximum extent practicable, the Architect of the Capitol shall include energy efficiency and conservation measures, greenhouse gas emission reduction measures, and other appropriate environmental measures in the Capitol Complex Master Plan. **(b) Report** Not later than 6 months after December 19, 2007, the Architect of the Capitol shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Rules and Administration of the Senate, a report on the energy efficiency and conservation measures, greenhouse gas emission reduction measures, and other appropriate environmental measures included in the Capitol Complex Master Plan pursuant to subsection (a).

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1961 to 1963 — Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379

### Statutory Notes Section 1941, Pub. L. 92–513, title II, § 201, Oct. 20, 1972, 86 Stat. 956; Pub. L. 94–364, title II, § 201, July 14, 1976, 90 Stat. 981, related to consumer information study to be conducted by Secretary. See [section 32302 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32302&num=0&edition=prelim), Transportation. Section 1942, Pub. L. 92–513, title II, § 202, Oct. 20, 1972, 86 Stat. 956, related to appointment and compensation of personnel by Secretary to carry out this subchapter. See [section 32306 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32306&num=0&edition=prelim). Section 1943, Pub. L. 92–513, title II, § 203, Oct. 20, 1972, 86 Stat. 957, related to provision of information and detailing of personnel from other Federal departments to Secretary to carry out this subchapter. See [section 32305 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32305&num=0&edition=prelim). Section 1944, Pub. L. 92–513, title II, § 204, Oct. 20, 1972, 86 Stat. 957, related to powers of Secretary to carry out this subchapter. See [section 32307 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32307&num=0&edition=prelim). Section 1945, Pub. L. 92–513, title II, § 205, Oct. 20, 1972, 86 Stat. 958, required insurers of passenger motor vehicles to make reports and provide information to Secretary to carry out this subchapter. See [section 32303 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section32303&num=0&edition=prelim). Section 1946, Pub. L. 92–513, title II, § 206, Oct. 20, 1972, 86 Stat. 959, prohibited persons from failing or refusing to furnish informati

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 32308 — General prohibitions, civil penalty, and

Page 936 TITLE 49—TRANSPORTATION § 32307 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 32306(a) ...... 15:1942 (1st, 2d sen- tences). Oct. 20, 1972, Pub. L. 92–513, § 202, 86 Stat. 956. 32306(b) ...... 15:1942 (last sen- tence). In subsection (a), before clause (1), the words ‘‘his functions under’’ are omitted as surplus. In clause (1), the words ‘‘as he deems necessary’’ are omitted as sur- plus. The words ‘‘chapter 51 and subchapter III of chap- ter 53 of title 5’’ are substituted for ‘‘the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates’’ to eliminate unnecessary words. The text of 15:1942 (1st sentence cl. (2)) is omitted as surplus be- cause of 49:323(b). The text of 15:1942 (1st sentence cl. (4), 2d sentence) is omitted as surplus because of 49:325. Editorial Notes REFERENCES IN TEXT The provisions of title 5 governing appointment in the competitive service, referred to in subsec. (a)(1), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees. § 32307. Investigative powers (a) GENERAL AUTHORITY.—In carrying out this chapter, the Secretary of Transportation may— (1) inspect and copy records of any person at reasonable times; (2) order a person to file written reports or answers to specific questions, including re- ports or answers under oath; and (3) conduct hearings, administer oaths, take testimony, and require (by subpena or other- wise) the appearance and testimony of wit- nesses and the production of records the Sec- retary considers advisable. (b) WITNESS FEES AND MILEAGE.—A witness summoned under subsection (a) of this section is entitled to the same fee and

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