of parts for motor vehicles that may be entered dur-
ing the applicable 12-month period by, or on behalf
of, the vehicle manufacturer.
(4) JUDICIAL
REVIEW.—Any person against
whom an order is issued under paragraph (2) may,
within 60 calendar days after the date of the order,
institute an action in the United States court of ap-
peals for the appropriate judicial circuit for judicial
review of such order in accordance with chapter 7 of
title 5, United States Code. The court shall have ju-
risdiction to enter a judgment affirming, modifying,
or setting aside in whole or in part, the order of the
Secretary or the court may remand the proceeding
to the Secretary for such further action as the court
may direct.
(b) OTHER VIOLATIONS.—
(1) IN GENERAL.—Any person who knowingly
violates any provision of this Act (other than failure
to meet the applicable domestic content ratio for any
model year) or any rule or regulation issued under
this Act shall be liable, after notice and opportunity
for a hearing, to the United States for a civil penalty
of not more than $10,000. Each day of a continuing
violation under this subsection shall constitute a sep-
arate offense.
(2) PROCEDURES.—
(A) NOTICE.—Before issuing an order as-
sessing a civil penalty against any person for
violation of paragraph (1), the Secretary shall
provide to such person written notice of the
proposed penalty.
(B) ASSESSMENT.—The Secretary shall
promptly assess such penalty, by order, after
the date of the receipt of the notice under sub-
paragraph (A) of the proposed penalty.
(C) ACTION
FOR
NONPAYMENT.—If the
penalty has not been paid within 60 calendar
days after the assessment order has been made
under subparagraph (B), the Secretary shall in-
stitute an action in the appropriate district
court of the United States for an order affirm-
ing the assessment of the civil penalty. The
court shall have authority to review de novo the
law and the facts involved, and shall have juris-
diction to enter a judgment enforcing, modify-
ing, and enforcing as so modified, or setting
aside in whole or in part, such assessment.
(D) RECOVERY
ACTION.—If any person
fails to pay an assessment of a civil penalty
after the appropriate district court has entered
final judgment in favor of the Secretary under
subparagraph (C), the Secretary shall institute
an action to recover the amount of such penalty
in any appropriate district court of the United
States. In such action, the validity and appro-
priateness of such final assessment order or
judgment shall not be subject to review.
(3) COMPROMISE, ETC.—The Secretary may
compromise, modify, or remit, with or without condi-
tions, any penalty that is subject to imposition or
that has been imposed under this subsection.
SEC. 8. STUDY OF DISCRIMINATORY PRACTICES AFFECT-
ING DOMESTIC PRODUCTION OF MOTOR VE-
HICLE PARTS.
Within one year after the date of the enactment of
this Act, the Secretary and the Federal Trade Commission
shall jointly undertake an investigation, and submit to
Congress a written report, regarding those policies and
practices of vehicle manufacturers that are used to per-
suade United States motor vehicle dealers, in choosing re-
placement parts for motor vehicles, to favor foreign-made
parts rather than domestically produced parts. Such re-
port shall include recommended administrative or legisla-
tive action that the Secretary and the Federal Trade Com-
mission consider appropriate to assure that domestic pro-
ducers of replacement parts are accorded fair access to
the United States market for such parts.
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