42 U.S.C. § 6395: Enforcement

Summary

If someone breaks the rules in section 6394, they can be fined up to $5,000 for each violation. If they willfully break the rules, the fine can be up to $10,000 per violation. If a person knowingly and willfully repeats the same kind of violation about selling or distributing a product after already being fined before, they can be fined up to $50,000, or put in jail for up to 6 months, or both. Federal officers or agencies can ask the Attorney General to go to a federal court to stop people from breaking the rules. A court can grant a temporary restraining order or a preliminary or permanent injunction without a bond and can order people to obey the rules. Anyone who suffers a legal wrong because of violations tied to certain parts of this law may sue in federal court no matter the amount at issue. They can ask for things like a court declaration or an injunction, but they cannot get money damages. The covered areas include energy conservation plans; international oil allocation; international voluntary agreements; advisory committees; international exchange of information; and a prohibition on certain actions.

Title 42, §6395

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Civil penalty

Whoever violates section 6394 of this title shall be subject to a civil penalty of not more than $5,000 for each violation.

(b)Penalty for willful violation

Whoever willfully violates section 6394 of this title shall be fined not more than $10,000 for each violation.

(c)Penalty for violation after having been subjected to civil penalty for prior violation

Any person who knowingly and willfully violates section 6394 of this title with respect to the sale, offer of sale, or distribution in commerce of a product or commodity after having been subjected to a civil penalty for a prior violation of section 6394 of this title with respect to the sale, offer of sale, or distribution in commerce of such product or commodity shall be fined not more than $50,000 or imprisoned not more than 6 months, or both.

(d)Injunction action by Attorney General

Whenever it appears to any officer or agency of the United States in whom is vested, or to whom is delegated, authority under this chapter that any person has engaged, is engaged, or is about to engage in acts or practices constituting a violation of section 6394 of this title, such officer or agency may request the Attorney General to bring an action in an appropriate district court of the United States to enjoin such acts or practices, and upon a proper showing a temporary restraining order or a preliminary or permanent injunction shall be granted without bond. Any such court may also issue mandatory injunctions commanding any person to comply with any rule, regulation, or order described in section 6394 of this title.

(e)Private right of action

(1)Any person suffering legal wrong because of any act or practice arising out of any violation of any provision of this chapter described in paragraph (2), may bring an action in an appropriate district court of the United States without regard to the amount in controversy, for appropriate relief, including an action for a declaratory judgment or writ of injunction. Nothing in this subsection shall authorize any person to recover damages.

(2)The provisions of this chapter referred to in paragraph (1) are as follows:

(A)section 6262 of this title (relating to energy conservation plans).

(B)section 6271 of this title (relating to international oil allocation).

(C)section 6272 of this title (relating to international voluntary agreements).

(D)section 6273 of this title (relating to advisory committees).

(E)section 6274 of this title (relating to international exchange of information).

(F)section 6391 of this title (relating to prohibition on certain actions).

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (d) and (e), was in the original “this Act”, meaning Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act. For complete classification of this Act to the Code, see

Short Title

note set out under section 6201 of this title and Tables. section 6262 of this title, referred to in subsec. (e)(2)(A), was repealed by Pub. L. 106–469, title I, § 104(1), Nov. 9, 2000, 114 Stat. 2033.

§6395 Enforcement