Sec. 22418. CIVIL PENALTY ENFORCEMENT AUTHORITY

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## SEC. 22418 CIVIL PENALTY ENFORCEMENT AUTHORITY Section 21301(a) of title 49, United States Code, is amended by striking paragraph

(3)and inserting the following: > > #### “(3) > > The Secretary may find that a person has violated this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty. The Secretary may compromise the amount of a civil penalty by settlement agreement without issuance of an order. In determining the amount of a compromise, the Secretary shall consider— > > > ##### “(A) > > the nature, circumstances, extent, and gravity of the violation; > > > ##### “(B) > > with respect to the violator, the degree of culpability, any history of violations, the ability to pay, and any effect on the ability to continue to do business; and > > > ##### “(C) > > other matters that justice requires. > > > #### “(4) > > The Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty imposed or compromise under this section and any accrued interest on the civil penalty. In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review.” > .