civil action in an appropriate district court to recover the
amount assessed (plus interest at rates established pursuant to
section 6621(a)(2) of the Internal Revenue Code of 1986 from the
date of the final order or the date of the final judgment, as the
case may be). In such an action, the validity, amount, and
appropriateness of the penalty shall not be subject to review.
Any person who fails to pay on a timely basis the amount of an
assessment of a civil penalty as described in the first sentence
of this paragraph shall be required to pay, in addition to that
amount and interest, the United States' enforcement expenses,
including attorneys fees and costs for collection proceedings,
and a quarterly nonpayment penalty for each quarter during which
such failure to pay persists. The nonpayment penalty shall be in
an amount equal to 10 percent of the aggregate amount of that
person's penalties and nonpayment penalties which are unpaid as
of the beginning of such quarter.".
(d) Enforcement of Fuels Regulations.-Section 211(d) of the Clean
Air Act (42 U.S.C. 7545(d)) is amended to read as follows:
"(d) Penalties and Injunctions.-
"(1) Civil penalties.-Any person who violates subsection (a),
(f), (g), (k), (l), (m), or (n) of this section or the
prescribed under subsection (c), (h), (i), (k), (l), (m), or (n)
of this section or who fails to furnish any information or
conduct any tests required by the Administrator under subsection
(b) of this section shall be liable to the United States for a
civil penalty of not more than the sum of $25,000 for every day
of such violation and the amount of economic benefit or savings
resulting from the violation. Any violation with respect to a
regulation prescribed under subsection (c), (k), (l), or (m) of
this section which establishes a regulatory standard based upon a
multiday averaging period shall constitute a separate day of
violation for each and every day in the averaging period. Civil
penalties shall be assessed in accordance with subsections (b)
and (c) of section 205.
"(2) Injunctive authority.-The district courts of the United
States shall have jurisdiction to restrain violations of
subsections (a), (f), (g), (k), (l), (m), and (n) of this section
and of the regulations prescribed under subsections (c), (h),
(i), (k), (l), (m), and (n) of this section, to award other
appropriate relief, and to compel the furnishing of information
and the conduct of tests required by the Administrator under
subsection (b) of this section. Actions to restrain such
violations and compel such actions shall be brought by and in the
name of the United States. In any such action, subpoenas for
witnesses who are required to attend a district court in any
district may run into any other district.".
(e) Miscellaneous Enforcement.-(1) Section 203(a) of the Clean
Air Act is amended as follows:
(1) Insert "or part C in the case of clean-fuel vehicles"
before "(except" in paragraph (1).
(2) In paragraph (4) insert "or part C" after "202".
(3) At the end of paragraph (4)(A) insert "or (ii) the
corresponding requirements of part C in the case of clean fuel
vehicles unless the manufacturer has complied with the
corresponding requirements of part C" and in paragraph (4)(A)