(2), and such other factors as the Secretary deter-
mines to be appropriate. 
‘‘(4) FALSE GUARANTY.—It is a violation of 
this Act for a person to give a guaranty or under-
taking in accordance with paragraph (1) that the 
person knows or has reason to know is false. 
‘‘(f) CIVIL PENALTIES.— 
‘‘(1) IN GENERAL.—The Secretary may assess 
a civil penalty against a person that violates sub-
section (b) or (c)(2) in an amount not to exceed 
$100,000 for each such violation. 
‘‘(2) NOTICE
AND
OPPORTUNITY
FOR
HEAR-
ING.—A civil penalty under paragraph (1) shall be 
assessed by the Secretary by an order made on the 
record after opportunity for a hearing provided in 
accordance with this subparagraph and section 554 
of title 5, United States Code. Before issuing such 
an order, the Secretary shall give written notice to 
the person to be assessed a civil penalty under such 
order of the Secretary’s proposal to issue such order 
and provide such person an opportunity for a hear-
ing on the order. In the course of any investigation, 
the Secretary may issue subpoenas requiring the at-
tendance and testimony of witnesses and the produc-
VerDate Aug 31 2005 
08:20 May 03, 2006
Jkt 049200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H5269.IH
H5269
cprice-sewell on PROD1PC66 with BILLS
tion of evidence that relates to the matter under in-
vestigation. 
‘‘(3) CONSIDERATIONS REGARDING AMOUNT OF 
PENALTY.—In determining the amount of a civil 
penalty under paragraph (1), the Secretary shall 
take into account the nature, circumstances, extent, 
and gravity of the violation or violations and, with 
respect to the violator, ability to pay, effect on abil-
ity to continue to do business, any history of prior 
such violations, the degree of culpability, and such 
other matters as justice may require. 
‘‘(4) CERTAIN
AUTHORITIES.—The Secretary 
may compromise, modify, or remit, with or without 
conditions, any civil penalty under paragraph (1). 
The amount of such penalty, when finally deter-
mined, or the amount agreed upon in compromise, 
may be deducted from any sums owing by the 
United States to the person charged. 
‘‘(5) JUDICIAL REVIEW.—Any person who re-
quested, in accordance with paragraph (2), a hearing 
respecting the assessment of a civil penalty under 
paragraph (1) and who is aggrieved by an order as-
sessing a civil penalty may file a petition for judicial 
review of such order with the United States Court 
of Appeals for the District of Columbia Circuit or 
VerDate Aug 31 2005 
08:20 May 03, 2006
Jkt 049200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H5269.IH
H5269
cprice-sewell on PROD1PC66 with BILLS
for any other circuit in which such person resides or 
transacts business. Such a petition may only be filed 
within the 60-day period beginning on the date the 
order making such assessment was issued. 
‘‘(6) FAILURE TO PAY.—If a person fails to pay 
an assessment of a civil penalty— 
‘‘(A) after the order making the assess-
ment becomes final, and if such person does not 
file a petition for judicial review of the order in 
accordance with paragraph (5); or 
‘‘(B) after a court in an action brought 
under paragraph (4) has entered a final judg-
ment in favor of the Secretary; 
the Attorney General shall recover the amount as-
sessed (plus interest at currently prevailing rates 
from the date of the expiration of the 60-day period 
referred to in paragraph (5) or the date of such final 
judgment, as the case may be) in an action brought 
in any appropriate district court of the United 
States. In such an action, the validity, amount, and 
appropriateness of such penalty shall not be subject 
to review. 
‘‘(g) CITIZEN SUITS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), any person may on his or her behalf com-
VerDate Aug 31 2005 
08:20 May 03, 2006
Jkt 049200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H5269.IH
H5269
cprice-sewell on PROD1PC66 with BILLS
mence a civil action in an appropriate district court 
of the United States against— 
‘‘(A) a person who is alleged to have en-
gaged in a violation of subsection (b) or (c)(2); 
or 
‘‘(B) the Secretary where there is alleged 
a failure of the Secretary to perform any act or 
duty under subsection (b) or (c)(2) that is not 
discretionary. 
‘‘(2) RELIEF.—In a civil action under para-
graph (1), the district court involved may, as the 
case may be— 
‘‘(A) enforce the compliance of a person 
with the applicable provisions referred to sub-
paragraph (A) of such paragraph; or 
‘‘(B) order the Secretary to perform an act 
or duty referred to in subparagraph (B) of such 
paragraph. 
‘‘(3) LIMITATIONS.— 
‘‘(A) NOTICE TO SECRETARY.—A civil ac-
tion may not be commenced under paragraph 
(1)(A) prior to 60 days after the plaintiff has 
provided to the Secretary notice of the violation 
involved. 
VerDate Aug 31 2005 
08:20 May 03, 2006
Jkt 049200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H5269.IH
H5269
cprice-sewell on PROD1PC66 with BILLS