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42 U.S.C. § 6394 — Repealed.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

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42 U.S.C. § 6394 — Repealed.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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Source location: Title 42, Chapter 77, § 6394; chapter-077-energy-conservation.md

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

10 U.S.C. § 2220 — Performance based management: acquisition programs

**(a) Establishment of Goals.—** The Secretary of Defense shall approve or define the cost, performance, and schedule goals for major defense acquisition programs of the Department of Defense and for each phase of the acquisition cycle of such programs. **(b) Evaluation of Cost Goals.—** The Under Secretary of Defense (Comptroller) shall evaluate the cost goals proposed for each major defense acquisition program of the Department. **(c) Sunset.—** The authority under this section shall terminate on September 30, 2018.

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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. § 6394 — Prohibited acts

Page 6826 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6394 1 See References in Text note below. 2 So in original. Probably should be ‘‘amends’’. circulation calculated to receive widest prac- ticable notice. (3) In addition to the requirements of para- graph (2) and to the maximum extent prac- ticable, an opportunity for oral presentation of data, views, and arguments shall be afforded and such opportunity shall be afforded prior to the effective date of such rule, regulation, or order, but in all cases such opportunity shall be af- forded no later than 45 days, and no later than 10 days (in the case of a waiver of the entire comment period under paragraph (2) (ii)), after such date. A transcript shall be made of any oral presentation. (4) Any officer or agency authorized to issue rules, regulations, or orders described in para- graph (1) shall provide for the making of such adjustments, consistent with the other purposes of this Act as may be necessary to prevent spe- cial hardship, inequity, or an unfair distribution of burdens and shall in rules prescribed by it es- tablish procedures which are available to any person for the purpose of seeking an interpreta- tion, modification, or rescission of, or an excep- tion to or exemption from, such rules, regula- tions and orders. If such person is aggrieved or adversely affected by the denial of a request for such action under the preceding sentence, he may request a review of such denial by the offi- cer or agency and may obtain judicial review in accordance with subsection (b) or other applica- ble law when such denial becomes final. The offi- cer or agency shall, by rule, establish appro- priate procedures, including a hearing where deemed advisable, for considering such requests for action under this

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