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42 U.S.C. § 6305 — Enforcement

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

42 U.S.C. § 6305 — Enforcement

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Stable record: federal_law:legal_authorities:record_usc_88a2cd869e43bd1311c646f6
Source file: Laws/federal/codes/united-states-code/title-42/section-6305-enforcement--dc03324873.md
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Source location: Title 42, Chapter 77, § 6305; chapter-077-energy-conservation.md

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**(a) In general** Except as provided in subsection (c), any person who knowingly violates any provision of [section 6302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6302&num=0&edition=prelim) shall be subject to a civil penalty of not more than $100 for each violation. Such penalties shall be assessed by the Commission, except that penalties for violations of [section 6302(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6302/a/3&num=0&edition=prelim) which relate to requirements prescribed by the Secretary, violations of [section 6302(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6302/a/4&num=0&edition=prelim) which relate to requests of the Secretary under [section 6296(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6296/b/2&num=0&edition=prelim), or violations of paragraph (5), (6), (7), or (8) of [section 6302(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6302/a&num=0&edition=prelim) shall be assessed by the Secretary. Civil penalties assessed under this part may be compromised by the agency or officer authorized to assess the penalty, taking into account the nature and degree of the violation and the impact of the penalty upon a particular respondent. Each violation of paragraph (1), (2), (5), (6), (7), or (8) of [section 6302(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6302/a&num=0&edition=prelim) shall constitute a separate violation with respect to each covered product, and each day of violation of section 6302(a)(3) or (4) of this title shall constitute a separate violation. **(b) “Knowingly” defined** As used in subsection (a), the term “knowingly” means (1) the having of actual knowledge, or (2) the presumed having of knowledge deemed to be possessed by a reasonable man who acts in the circumstances, including knowledge obtainable upon the exercise of due care. **(c) Special rule** It shall be an unfair or deceptive act or practice in or affecting commerce (within the meaning of [section 45(a)(1) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a/1&num=0&edition=prelim)) for any person to violate [section 6293(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6293/c&num=0&edition=prelim), except to the extent that such violation is prohibited under the provisions of [section 6302(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6302/a/1&num=0&edition=prelim), in which case such provisions shall apply. **(d) Procedure for assessing penalty** (1) Before issuing an order assessing a civil penalty against any person under this section, the Secretary shall provide to such person notice of the proposed penalty. Such notice shall inform such person of his opportunity to elect in writing within 30 days after the date of receipt of such notice to have the procedures of paragraph (3) (in lieu of those of paragraph (2)) apply with respect to such assessment. (2) (A) Unless an election is made within 30 calendar days after receipt of notice under paragraph (1) to have paragraph (3) apply with respect to such penalty, the Secretary shall assess the penalty, by order, after a determination of violation has been made on the record after an opportunity for an agency hearing pursuant to [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim) before an administrative law judge appointed under section 3105 of such title 5. Such assessment order shall include the administrative law judge’s findings and the basis for such assessment. (B) Any person against whom a penalty is assessed under this paragraph may, within 60 calendar days after the date of the order of the Secretary assessing such penalty, institute an action in the United States court of appeals for the appropriate judicial circuit for judicial review of such order in accordance with chapter 7 of title 5. The court shall have jurisdiction to enter a judgment affirming, modifying, or setting aside in whole or in part, the order of the Secretary, or the court may remand the proceeding to the Secretary for such further action as the court may direct. (3) (A) In the case of any civil penalty with respect to which the procedures of this paragraph have been elected, the Secretary shall promptly assess such penalty, by order, after the date of the receipt of the notice under paragraph (1) of the proposed penalty. (B) If the civil penalty has not been paid within 60 calendar days after the assessment order has been made under subparagraph (A), the Secretary shall institute an action in the appropriate district court of the United States for an order affirming the assessment of the civil penalty. The court shall have authority to review de novo the law and the facts involved, and shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part, such assessment. (C) Any election to have this paragraph apply may not be revoked except with the consent of the Secretary. (4) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order under paragraph (2), or after the appropriate district court has entered final judgment in favor of the Secretary under paragraph (3), the Secretary shall institute an action to recover the amount of such penalty in any appropriate district court of the United States. In such action, the validity and appropriateness of such final assessment order or judgment shall not be subject to review. (5) (A) Notwithstanding the provisions of title 28 or [section 7192(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7192/c&num=0&edition=prelim), the Secretary shall be represented by the general counsel of the Department of Energy (or any attorney or attorneys within the Department of Energy designated by the Secretary) who shall supervise, conduct, and argue any civil litigation to which paragraph (3) of this subsection applies (including any related collection action under paragraph (4)) in a court of the United States or in any other court, except the Supreme Court. However, the Secretary or the general counsel shall consult with the Attorney General concerning such litigation, and the Attorney General shall provide, on request, such assistance in the conduct of such litigation as may be appropriate. (B) Subject to the provisions of [section 7192(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7192/c&num=0&edition=prelim), the Secretary shall be represented by the Attorney General, or the Solicitor General, as appropriate, in actions under this subsection, except to the extent provided in subparagraph (A) of this paragraph. (C) [Section 7172(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7172/d&num=0&edition=prelim) shall not apply with respect to the functions of the Secretary under this subsection. (6) For purposes of applying the preceding provisions of this subsection in the case of the assessment of a penalty by the Commission for a violation of paragraphs (1) and (2) of [section 6302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6302&num=0&edition=prelim), references in such provisions to “Secretary” and “Department of Energy” shall be considered to be references to the “Commission”.

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

5 U.S.C. § 554 — Adjudications

**(a)** This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved— (1) a matter subject to a subsequent trial of the law and the facts de novo in a court; (2) the selection or tenure of an employee, except a 11 So in original. administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim); (3) proceedings in which decisions rest solely on inspections, tests, or elections; (4) the conduct of military or foreign affairs functions; (5) cases in which an agency is acting as an agent for a court; or (6) the certification of worker representatives. **(b)** Persons entitled to notice of an agency hearing shall be timely informed of— (1) the time, place, and nature of the hearing; (2) the legal authority and jurisdiction under which the hearing is to be held; and (3) the matters of fact and law asserted. When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives. **(c)** The agency shall give all interested parties opportunity for— (1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and (2) to the extent that the parties are unable so to determine a controversy by consent, heari

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

42 U.S.C. § 6302 — Exports

This part shall not apply to any covered product if (1) such covered product is manufactured, sold, or held for sale for export from the United States (or such product was imported for export), unless such product is in fact distributed in commerce for use in the United States, and (2) such covered product when distributed in commerce, or any container in which it is enclosed when so distributed, bears a stamp or label stating that such covered product is intended for export.

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

42 U.S.C. § 6305 — Citizen suits

Page 6750 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6304 (6) For purposes of applying the preceding pro- visions of this subsection in the case of the as- sessment of a penalty by the Commission for a violation of paragraphs (1) and (2) of section 6302 of this title, references in such provisions to ‘‘Secretary’’ and ‘‘Department of Energy’’ shall be considered to be references to the ‘‘Commis- sion’’. (Pub. L. 94–163, title III, § 333, Dec. 22, 1975, 89 Stat. 929; Pub. L. 95–619, title IV, §§ 423, 425(e), title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3262, 3266, 3288; Pub. L. 100–12, § 11(b)(6), Mar. 17, 1987, 101 Stat. 125; Pub. L. 114–11, title II, § 201(3), Apr. 30, 2015, 129 Stat. 189.) Editorial Notes AMENDMENTS 2015—Subsec. (a). Pub. L. 114–11 substituted ‘‘para- graph (5), (6), (7), or (8) of section 6302(a)’’ for ‘‘section 6302(a)(5)’’ and ‘‘paragraph (1), (2), (5), (6), (7), or (8) of section 6302(a)’’ for ‘‘paragraph (1), (2), or (5) of section 6302(a)’’. 1987—Pub. L. 100–12 inserted headings for subsecs. (a) to (d). 1978—Subsec. (a). Pub. L. 95–619, §§ 425(e)(1), 691(b)(2), substituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Administrator of the Federal Energy Administration, wherever appearing, and ‘‘subsection (c)’’ for ‘‘sub- section (b)’’. Subsec. (c). Pub. L. 95–619, § 425(e)(2), substituted ‘‘section 6293(c) of this title’’ for ‘‘section 6293(d)(2) of this title’’ and inserted provision making an exception from the unfair or deceptive act or practice rule. Subsec. (d). Pub. L. 95–619, § 423, added subsec. (d). § 6304. Injunctive enforcement The United States district courts shall have jurisdiction to restrain (1) any violation of sec- tion 6302 of this title and (2) any person from distributing in commerce any covered

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