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42 U.S.C. § 6397 — Enforcement

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6397 — Enforcement

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Source location: Title 42, Chapter 77, § 6397; chapter-077-energy-conservation.md

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**(a) Civil penalty** Whoever violates [section 6394 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6394&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6394&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6394&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6394&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6394&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6394&num=0&edition=prelim). **(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 11 See References in Text note below. of this title (relating to energy conservation plans). (B) [Section 6271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6271&num=0&edition=prelim) (relating to international oil allocation). (C) [Section 6272 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6272&num=0&edition=prelim) (relating to international voluntary agreements). (D) [Section 6273 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6273&num=0&edition=prelim) (relating to advisory committees). (E) [Section 6274 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6274&num=0&edition=prelim) (relating to international exchange of information). (F) [Section 6391 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6391&num=0&edition=prelim) (relating to prohibition on certain actions).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6273 — International oil allocations

**(a) Authority of President to prescribe rules for implementation of obligations of United States relating to international allocation of petroleum products; amounts of allocation and prices; petroleum products subject to rule; term of rule** The President may, by rule, require that persons engaged in producing, transporting, refining, distributing, or storing petroleum products, take such action as he determines to be necessary for implementation of the obligations of the United States under chapters III and IV of the international energy program insofar as such obligations relate to the international allocation of petroleum products. Allocation under such rule shall be in such amounts and at such prices as are specified in (or determined in a manner prescribed by) such rule. Such rule may apply to any petroleum product owned or controlled by any person described in the first sentence of this subsection who is subject to the jurisdiction of the United States, including any petroleum product destined, directly or indirectly, for import into the United States or any foreign country, or produced in the United States. Subject to subsection (b)(2), such a rule shall remain in effect until amended or rescinded by the President. **(b) Prerequisites to rule taking effect; time rule may be put into effect or remain in effect** (1) No rule under subsection (a) may take effect unless the President— (A) has transmitted such rule to the Congress; (B) has found that putting such rule into effect is required in order to fulfill obligations of the United States under the international energy program; and (C) has transmitted such finding to the Congress, together with a statement of the effective date and manner for exercise of such rule. (2) No rule under subsection (b) m

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6201 — Procedure for Congressional review of Presidential requests to implement certain authorities

**(a) “Energy action” defined** For purposes of this section, the term “energy action” means any matter required to be transmitted, or submitted to the Congress in accordance with the procedures of this section. **(b) Transmittal of energy action to Congress** The President shall transmit any energy action (bearing an identification number) to both Houses of Congress on the same day. If both Houses are not in session on the day any energy action is received by the appropriate officers of each House, for purposes of this section such energy action shall be deemed to have been transmitted on the first succeeding day on which both Houses are in session. **(c) Effective date of energy action** (1) Except as provided in paragraph (2) of this subsection, if energy action is transmitted to the Houses of Congress, such action shall take effect at the end of the first period of 15 calendar days of continuous session of Congress after the date on which such action is transmitted to such Houses, unless between the date of transmittal and the end of such 15-day period, either House passes a resolution stating in substance that such House does not favor such action. (2) An energy action described in paragraph (1) may take effect prior to the expiration of the 15-calendar-day period after the date on which such action is transmitted, if each House of Congress approves a resolution affirmatively stating in substance that such House does not object to such action. **(d) Computation of period** For the purpose of subsection (c) of this section— (1) continuity of session is broken only by an adjournment of Congress sine die; and (2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6271 — Repealed. Pub. L. 109–58, title III, § 301(a)(3), Aug. 8, 2005, 119 Stat. 683

### Statutory Notes Section, Pub. L. 94–163, title I, § 191, formerly § 171, as added Pub. L. 99–58, title I, § 101(a), July 2, 1985, 99 Stat. 102; amended Pub. L. 101–46, § 1(1), June 30, 1989, 103 Stat. 132; Pub. L. 101–262, § 2(b), Mar. 31, 1990, 104 Stat. 124; Pub. L. 101–360, § 2(b), Aug. 10, 1990, 104 Stat. 421; renumbered § 181 and amended Pub. L. 101–383, §§ 2(2), 6(a)(3), Sept. 15, 1990, 104 Stat. 727, 729; Pub. L. 103–406, title I, § 102, Oct. 22, 1994, 108 Stat. 4209; Pub. L. 104–306, § 1(2), Oct. 14, 1996, 110 Stat. 3810; Pub. L. 105–177, § 1(2), June 1, 1998, 112 Stat. 105; Pub. L. 106–64, § 1(2), Oct. 5, 1999, 113 Stat. 511; renumbered § 191 and amended Pub. L. 106–469, title I, § 103(23), title II, § 201(a)(2), Nov. 9, 2000, 114 Stat. 2033, 2034; Pub. L. 108–7, div. F, title III, § 339(a)(3), Feb. 20, 2003, 117 Stat. 278, provided for the expiration of all authority under this subchapter at midnight Sept. 30, 2008.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6272 — Repealed. Pub. L. 106–469, title I, § 104(1), Nov. 9, 2000, 114 Stat. 2033

### Statutory Notes Section 6261, Pub. L. 94–163, title II, § 201, Dec. 22, 1975, 89 Stat. 890; Pub. L. 96–102, title I, §§ 103(b)(1), (c)(1), 105(a)(1)–(3), (5), Nov. 5, 1979, 93 Stat. 751, 755, 756; H. Res. 549, Mar. 25, 1980, required the President to transmit to Congress energy conservation contingency plans and rationing contingency plans and provided requirements for plans to become effective and for amendment, approval, and implementation of plans. Section 6262, Pub. L. 94–163, title II, § 202, Dec. 22, 1975, 89 Stat. 892; Pub. L. 96–102, title II, § 231, Nov. 5, 1979, 93 Stat. 767, provided requirements for energy conservation contingency plans. Section 6263, Pub. L. 94–163, title II, § 203, Dec. 22, 1975, 89 Stat. 892; Pub. L. 96–102, title I, §§ 103(a), (c)(2), 104, 105(b)(1)–(5), Nov. 5, 1979, 93 Stat. 751, 755, 756, provided requirements for rationing contingency plan, and in subsec. (f) provided that all authority to carry out a plan would expire on same date as authority to issue and enforce rules and orders under the Emergency Petroleum Allocation Act of 1973, [15 U.S.C. 751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section751&num=0&edition=prelim) et seq. Section 6264, Pub. L. 94–163, title II, § 204, as added Pub. L. 99–58, title I, § 104(b), July 2, 1985, 99 Stat. 104, provided that except as provided in [section 6263(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6263/f&num=0&edition=prelim), authority to carry out the provisions of sections 6261 to 6264 of this title and any rule, regulation, or order issued pursuant to such sections expired at midnight, June 30, 1985.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6274 — International voluntary agreements

**(a) Exclusiveness of section’s requirements** Effective 90 days after December 22, 1975, the requirements of this section shall be the sole procedures applicable to— (1) the development or carrying out of voluntary agreements and plans of action to implement the international emergency response provisions, and (2) the availability of immunity from the antitrust laws with respect to the development or carrying out of such voluntary agreements and plans of action. **(b) Prescription by Secretary of standards and procedures for developing and carrying out voluntary agreements and plans of action** The Secretary, with the approval of the Attorney General, after each of them has consulted with the Federal Trade Commission and the Secretary of State, shall prescribe, by rule, standards and procedures by which persons engaged in the business of producing, transporting, refining, distributing, or storing petroleum products may develop and carry out voluntary agreements, and plans of action, which are required to implement the international emergency response provisions. **(c) Requirements for standards and procedures** The standards and procedures prescribed under subsection (b) shall include the following requirements: (1) (A) (i) Except as provided in clause (ii) or (iii) of this subparagraph, meetings held to develop or carry out a voluntary agreement or plan of action under this subsection shall permit attendance by representatives of committees of Congress and interested persons, including all interested segments of the petroleum industry, consumers, and the public; shall be preceded by timely and adequate notice with identification of the agenda of such meeting to the Attorney General, the Federal Trade Commission, committees of Congress, and (except during

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6391 — Enforcement

**(a) Civil penalties** Any person who violates any general or special order of the Comptroller General issued under [section 6382(a)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6382/a/1/B&num=0&edition=prelim) may be assessed a civil penalty not to exceed $10,000 for each violation. Each day of failure to comply with such an order shall be deemed a separate violation. Such penalty shall be assessed by the Comptroller General and collected in a civil action brought by the Comptroller General through any attorney employed by the Government Accountability Office or any other attorney designated by the Comptroller General, or, upon request of the Comptroller General, the Attorney General. A person shall not be liable with respect to any period during which the effectiveness of the order with respect to such person was stayed. **(b) Jurisdiction; process** Any action to enjoin or set aside an order issued under [section 6382(a)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6382/a/1/B&num=0&edition=prelim) may be brought only before the United States Court of Appeals for the District of Columbia. Any action to collect a civil penalty for violation of any general or special order may be brought only in the United States District Court for the District of Columbia. In any action brought under subsection (a) to collect a civil penalty, process may be served in any judicial district of the United States. **(c) Securing compliance with subpena** Upon petition by the Comptroller General through any attorney employed by the Government Accountability Office or designated by the Comptroller General, or, upon request of the Comptroller General, the Attorney General, any United Sta

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6394 — Repealed. Pub. L. 104–106, div. D, title XLIII, § 4304(b)(8), Feb. 10, 1996, 110 Stat. 664

### Statutory Notes Section, Pub. L. 94–163, title V, § 522, Dec. 22, 1975, 89 Stat. 961; Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, related to conflicts of interest. #### Effective Date of Repeal For effective date and applicability of repeal, see section 4401 of Pub. L. 104–106, set out as an Effective Date of 1996 Amendment note under [section 2220 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2220&num=0&edition=prelim), Armed Forces.

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42 U.S.C. § 8201 — Findings and statement of purposes

**(a) Findings** The Congress finds that— (1) the United States has survived a period of energy shortage and has made significant progress toward improving energy efficiency in all sectors of the economy; (2) effective measures must continue to be taken by the Federal Government and other users and suppliers of energy to control the rate of growth of demand for energy and the efficiency of its use; (3) the continuation of this effort will permit the United States to become increasingly independent of the world oil market, less vulnerable to interruption of foreign oil supplies, and more able to provide energy to meet future needs; and (4) all sectors of the economy of the United States should continue to reduce significantly the demand for nonrenewable energy resources such as oil and natural gas by implementing and maintaining effective conservation measures for the efficient use of these and other energy sources. **(b) Statement of purposes** The purposes of this chapter are to provide for the regulation of interstate commerce, to reduce the growth in demand for energy in the United States, and to conserve nonrenewable energy resources produced in this Nation and elsewhere, without inhibiting beneficial economic growth.

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42 U.S.C. § 6397 — Untitled legal text

Page 6827 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6399 1 See References in Text note below. 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 offi- cer 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 tem- porary restraining order or a preliminary or per- manent 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 appro- priate district court of the United States with- out regard to the amount in controversy, for ap- propriate relief, including an action for a declar- atory judgment or writ of injunction. Nothing in this subsection shall authorize any person to re- cover damages. (2) The provisions of this chapter referred to in paragraph (1) are as follows: (A) Section 6262 1 of this title (relating to en- ergy 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 ad- visory committees). (E) Section 6274 of this title (relating to international exchange of information). (F) Section 6391 of this title (relating to pro- hibition on certain actions). (Pub. L. 94–163, title V, § 525, Dec. 22, 1975, 89 Sta

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