42 U.S.C. § 6395 — Enforcement
submitted 51 years ago by Pub. L. 94-163 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 433 words · no verdicts yet
Violations of section 6394 can bring civil or criminal penalties, injunctions, and limited private actions for declaratory or injunctive relief.
(a) Anyone who violates section 6394 may face a civil penalty of up to $5,000 for each violation. (b) Anyone who willfully violates section 6394 may be fined up to $10,000 for each violation. (c) A person* who knowingly and willfully violates section 6394 with respect to the sale, offer for sale, or distribution in commerce of a product or commodity, after having been subjected to a civil penalty for a previous violation of section 6394 with respect to the sale, offer for sale, or distribution in commerce of that product or commodity, may be fined up to $50,000, imprisoned for up to 6 months, or both. (d) If an authorized United States officer or agency believes that a person has engaged in, is engaging in, or is about to engage in acts or practices* violating section 6394, that officer or agency may ask the Attorney General to bring an action in an appropriate United States district court to stop those acts or practices. If the court is properly shown that an injunction is warranted, it must grant a temporary restraining order or a preliminary or permanent injunction without requiring a bond. The court may also issue a mandatory injunction ordering a person to comply with a rule, regulation, or order described in section 6394. (e)(1) A person who suffers a legal wrong because of an act or practice arising from a violation of a provision listed in paragraph (2) may bring an action in an appropriate United States district court, regardless of the amount in controversy, for appropriate relief, including a declaratory judgment or an injunction. This subsection does not authorize anyone to recover damages. (2) The listed provisions are: (A) section 6262, concerning energy conservation plans; (B) section 6271, concerning international oil allocation; (C) section 6272, concerning international voluntary agreements; (D) section 6273, concerning advisory committees; (E) section 6274, concerning international exchange of information; and (F) section 6391, concerning prohibition on certain actions.
Whoever violates section 6394 of this title shall be subject to a civil penalty of not more than $5,000 for each violation.
Whoever willfully violates section 6394 of this title shall be fined not more than $10,000 for each 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.
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.
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.
The provisions of this chapter referred to in paragraph (1) are as follows:
Section 6262 1 of this title (relating to energy conservation plans).
Section 6271 of this title (relating to international oil allocation).
Section 6272 of this title (relating to international voluntary agreements).
Section 6273 of this title (relating to advisory committees).
Section 6274 of this title (relating to international exchange of information).
Section 6391 of this title (relating to prohibition on certain actions).
Source credit: (Pub. L. 94–163, title V, § 525, Dec. 22, 1975, 89 Stat. 963.)
- 1975Enacted · Pub. L. 94-163 · 89 Stat. 963
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-163 on 1975-12-22.
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