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Title 49 — TransportationRelease 119-73

§32914 Collecting civil penalties

Title 49 › Subtitle SUBTITLE VI— - MOTOR VEHICLE AND DRIVER PROGRAMS › Part PART C— - INFORMATION, STANDARDS, AND REQUIREMENTS › Chapter CHAPTER 329— - AUTOMOBILE FUEL ECONOMY › § 32914

Last updated Apr 6, 2026|Official source

Summary

When a civil penalty becomes a final order by the Secretary of Transportation or a U.S. court of appeals and it is not paid, the Attorney General must sue in a U.S. district court to collect it. That court cannot re‑examine whether the original order was valid. If an automobile maker is bankrupt or insolvent, a creditor who extended credit before the final judgment has priority over the United States’ claim for a civil penalty under section 32912(b) when the Attorney General brings the action under subsection (a), regardless of section 32913(b)(1) and (2).

Full Legal Text

Title 49, §32914

Transportation — Source: USLM XML via OLRC

(a)If a person does not pay a civil penalty after it becomes a final order of the Secretary of Transportation or a judgment of a court of appeals of the United States for a circuit, the Attorney General shall bring a civil action in an appropriate district court of the United States to collect the penalty. The validity and appropriateness of the final order imposing the penalty is not reviewable in the action.
(b)A claim of a creditor against a bankrupt or insolvent manufacturer of automobiles has priority over a claim of the United States Government against the manufacturer for a civil penalty under section 32912(b) of this title when the creditor’s claim is for credit extended before a final judgment (without regard to section 32913(b)(1) and (2) of this title) in an action to collect under subsection (a) of this section.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 32914(a)15:2008(b)(3) (last sentence), (c)(2).Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 508(b)(3) (last sentence), (6), (c)(2); added Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 913, 914. 32914(b)15:2008(b)(6). In subsection (a), the text of 15:2008(b)(3) (last sentence) is omitted as surplus because of 28:516 and 2461(a). The words “an assessment of” and “and unappealable” are omitted as surplus. The words “of the Secretary of Transportation” are added for clarity. The words “for a circuit” are added for consistency. The words “in favor of the Secretary” are omitted as surplus. The words “shall bring a civil action . . . to collect the penalty” are substituted for “shall recover the amount for which the manufacturer is liable” for consistency. In subsection (b), the words “A claim of a creditor against a bankrupt or insolvent manufacturer of automobiles has priority over a claim of the United States Government against the manufacturer” are substituted for “A claim of the United States . . . against a manufacturer . . . shall, in the case of the bankruptcy or insolvency of such manufacturer, be subordinate to any claim of a creditor of such manufacturer” for clarity and to eliminate unnecessary words. The words “the date on which” are omitted as surplus.

Reference

Citations & Metadata

Citation

49 U.S.C. § 32914

Title 49 — Transportation

Last Updated

Apr 6, 2026

Release point: 119-73