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42 U.S.C. § 6391 — Enforcement

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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Stable record: federal_law:legal_authorities:record_usc_e67c4e4fc5ab26e6745fe062
Source file: Laws/federal/codes/united-states-code/title-42/section-6391-enforcement--9754e2b2e4.md
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Source location: Title 42, Chapter 77, § 6391; chapter-077-energy-conservation.md

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**(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 States district court within the jurisdiction of which any inquiry under this part is carried on may, in the case of refusal to obey a subpena of the Comptroller General issued under this part, issue an order requiring compliance therewith; and any failure to obey the order of the court may be treated by the court as a contempt thereof.

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

42 U.S.C. § 6397 — Enforcement

**(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 cour

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

42 U.S.C. § 6391 — Prohibited actions

Page 6825 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6393 1 See References in Text note below. 1 See References in Text note below. 2 So in original. The closing parenthesis probably should follow ‘‘another law’’. 3 So in original. Probably should be ‘‘amends’’. PART B—GENERAL PROVISIONS § 6391. Prohibited actions (a) Unreasonable classifications and differentia- tions Action taken under the authorities to which this section applies, resulting in the allocation of petroleum products or electrical energy among classes of users or resulting in restric- tions on use of petroleum products and elec- trical energy shall not be based upon unreason- able classifications of, or unreasonable differen- tiations between, classes of users. In making any such allocation the President, or any agen- cy of the United States to which such authority is delegated, shall give consideration to the need to foster reciprocal and nondiscriminatory treatment by foreign countries of United States citizens engaged in commerce in those coun- tries. (b) Unreasonably disproportionate share of bur- dens between segments of business commu- nity To the maximum extent practicable, any re- striction under authorities to which this section applies on the use of energy shall be designed to be carried out in such manner so as to be fair and to create a reasonable distribution of the burden of such restriction on all sectors of the economy, without imposing an unreasonably disproportionate share of such burden on any specific class of industry, business, or commer- cial enterprise, or on any individual segment thereof. In prescribing any such restriction, due consideration shall be given to the needs of com- mercial, retail, and service establishments whose normal function is

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