16 U.S.C. § 825m — Enforcement provisions

Page 1444 TITLE 16—CONSERVATION § 825m upon certiorari or certification as provided in section 1254 of title 28. (c) Stay of Commission’s order The filing of an application for rehearing under subsection (a) shall not, unless specifi- cally ordered by the Commission, operate as a stay of the Commission’s order. The commence- ment of proceedings under subsection (b) of this section shall not, unless specifically ordered by the court, operate as a stay of the Commission’s order. (June 10, 1920, ch. 285, pt. III, § 313, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 860; amend- ed June 25, 1948, ch. 646, § 32(a), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 85–791, § 16, Aug. 28, 1958, 72 Stat. 947; Pub. L. 109–58, title XII, § 1284(c), Aug. 8, 2005, 119 Stat. 980.) Editorial Notes CODIFICATION In subsec. (b), ‘‘section 1254 of title 28’’ substituted for ‘‘sections 239 and 240 of the Judicial Code, as amend- ed (U.S.C., title 28, secs. 346 and 347)’’ on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Proce- dure. AMENDMENTS 2005—Subsec. (a). Pub. L. 109–58 inserted ‘‘electric utility,’’ after ‘‘Any person,’’ and ‘‘to which such per- son,’’ and substituted ‘‘brought by any entity unless such entity’’ for ‘‘brought by any person unless such person’’. 1958—Subsec. (a). Pub. L. 85–791, § 16(a), inserted sen- tence to provide that Commission may modify or set aside findings or orders until record has been filed in court of appeals. Subsec. (b). Pub. L. 85–791, § 16(b), in second sentence, substituted ‘‘transmitted by the clerk of the court to’’ for ‘‘served upon’’, substituted ‘‘file with the court’’ for ‘‘certify and file with the court a transcript of’’, and in- serted ‘‘as provided in section 2112 of title 28’’, and in third sentence, substituted ‘‘jurisdiction, which upon the filing of the record with it shall be exclusive’’ for ‘‘exclusive jurisdiction’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24, 1949, substituted ‘‘court of appeals’’ for ‘‘circuit court of appeals’’. § 825m. Enforcement provisions (a) Enjoining and restraining violations Whenever it shall appear to the Commission that any person is engaged or about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this chapter, or of any rule, regulation, or order thereunder, it may in its discretion bring an ac- tion in the proper District Court of the United States or the United States courts of any Terri- tory or other place subject to the jurisdiction of the United States, to enjoin such acts or prac- tices and to enforce compliance with this chap- ter or any rule, regulation, or order thereunder, and upon a proper showing a permanent or tem- porary injunction or decree or restraining order shall be granted without bond. The Commission may transmit such evidence as may be available concerning such acts or practices to the Attor- ney General, who, in his discretion, may insti- tute the necessary criminal proceedings under this chapter. (b) Writs of mandamus Upon application of the Commission the dis- trict courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction to issue writs of man- damus commanding any person to comply with the provisions of this chapter or any rule, regu- lation, or order of the Commission thereunder. (c) Employment of attorneys The Commission may employ such attorneys as it finds necessary for proper legal aid and service of the Commission or its members in the conduct of their work, or for proper representa- tion of the public interests in investigations made by it or cases or proceedings pending be- fore it, whether at the Commission’s own in- stance or upon complaint, or to appear for or represent the Commission in any case in court; and the expenses of such employment shall be paid out of the appropriation for the Commis- sion. (d) Prohibitions on violators In any proceedings under subsection (a), the court may prohibit, conditionally or uncondi- tionally, and permanently or for such period of time as the court determines, any individual who is engaged or has engaged in practices con- stituting a violation of section 824u of this title (and related rules and regulations) from— (1) acting as an officer or director of an elec- tric utility; or (2) engaging in the business of purchasing or selling— (A) electric energy; or (B) transmission services subject to the ju- risdiction of the Commission. (June 10, 1920, ch. 285, pt. III, § 314, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 861; amend- ed June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, § 32(b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 109–58, title XII, § 1288, Aug. 8, 2005, 119 Stat. 982.) Editorial Notes CODIFICATION As originally enacted subsecs. (a) and (b) contained references to the Supreme Court of the District of Co- lumbia. Act June 25, 1936, substituted ‘‘the district court of the United States for the District of Colum- bia’’ for ‘‘the Supreme Court of the District of Colum- bia’’, and act June 25, 1948, as amended by act May 24, 1949, substituted ‘‘United States District Court for the District of Columbia’’ for ‘‘district court of the United States for the District of Columbia’’. However, the words ‘‘United States District Court for the District of Columbia’’ have been deleted entirely as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that ‘‘There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district’’, and section 88 of Title 28 which states that ‘‘the District of Columbia constitutes one judicial district’’. AMENDMENTS 2005—Subsec. (d). Pub. L. 109–58 added subsec. (d). Page 1445 TITLE 16—CONSERVATION § 825o § 825n. Forfeiture for violations; recovery; appli- cability (a) Forfeiture Any licensee or public utility which willfully fails, within the time prescribed by the Commis- sion, to comply with any order of the Commis- sion, to file any report required under this chap- ter or any rule or regulation of the Commission thereunder, to submit any information or docu- ment required by the Commission in the course of an investigation conducted under this chap- ter, or to appear by an officer or agent at any hearing or investigation in response to a sub- pena issued under this chapter, shall forfeit to the United States an amount not exceeding $1,000 to be fixed by the Commission after notice and opportunity for hearing. The imposition or payment of any such forfeiture shall not bar or affect any penalty prescribed in this chapter but such forfeiture shall be in addition to any such penalty. (b) Recovery The forfeitures provided for in this chapter shall be payable into the Treasury of the United States and shall be recoverable in a civil suit in the name of the United States, brought in the district where the person is an inhabitant or has his principal place of business, or if a licensee or public utility, in any district in which such li- censee or public utility transacts business. It shall be the duty of the various United States attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeitures under this chapter. The costs and expenses of such prosecution shall be paid from the appropriations for the expenses of the courts of the United States. (c) Applicability This section shall not apply in the case of any provision of section 824j, 824k, 824l, or 824m of this title or any rule or order issued under any such provision. (June 10, 1920, ch. 285, pt. III, § 315, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 861; amend- ed June 25, 1948, ch. 646, § 1, 62 Stat. 909; Pub. L. 102–486, title VII, § 725(a), Oct. 24, 1992, 106 Stat. 2920; Pub. L. 109–58, title XII, § 1295(d), Aug. 8, 2005, 119 Stat. 985.) Editorial Notes AMENDMENTS 2005—Subsec. (c). Pub. L. 109–58 substituted ‘‘This sec- tion’’ for ‘‘This subsection’’. 1992—Subsec. (c). Pub. L. 102–486 added subsec. (c). Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted ‘‘United States attorney’’ for ‘‘district attorney’’. See section 541 of Title 28, Judiciary and Judicial Proce- dure. STATE AUTHORITIES; CONSTRUCTION Nothing in amendment by Pub. L. 102–486 to be con- strued as affecting or intending to affect, or in any way to interfere with, authority of any State or local gov- ernment relating to environmental protection or siting of facilities, see section 731 of Pub. L. 102–486, set out as a note under section 796 of this title. § 825o. Penalties for violations; applicability of section (a) Statutory violations Any person who willfully and knowingly does or causes or suffers to be done any act, matter, or thing in this chapter prohibited or declared to be unlawful, or who willfully and knowingly omits or fails to do any act, matter, or thing in this chapter required to be done, or willfully and knowingly causes or suffers such omission or failure, shall, upon conviction thereof, be pun- ished by a fine of not more than $1,000,000 or by imprisonment for not more than 5 years, or both. (b) Rules violations Any person who willfully and knowingly vio- lates any rule, regulation, restriction, condi- tion, or order made or imposed by the Commis- sion under authority of this chapter, or any rule or regulation imposed by the Secretary of the Army under authority of subchapter I of this chapter shall, in addition to any other penalties provided by law, be punished upon conviction thereof by a fine of not exceeding $25,000 for each and every day during which such offense occurs. (June 10, 1920, ch. 285, pt. III, § 316, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 862; amend- ed July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 102–486, title VII, § 725(a), Oct. 24, 1992, 106 Stat. 2920; Pub. L. 109–58, title XII, § 1284(d), Aug. 8, 2005, 119 Stat. 980.) Editorial Notes AMENDMENTS 2005—Subsec. (a). Pub. L. 109–58, § 1284(d)(1), sub- stituted ‘‘$1,000,000’’ for ‘‘$5,000’’ and ‘‘5 years’’ for ‘‘two years’’. Subsec. (b). Pub. L. 109–58, § 1284(d)(2), substituted ‘‘$25,000’’ for ‘‘$500’’. Subsec. (c). Pub. L. 109–58, § 1284(d)(3), struck out sub- sec. (c) which read as follows: ‘‘This subsection shall not apply in the case of any provision of section 824j, 824k, 824l, or 824m of this title or any rule or order issued under any such provision.’’ 1992—Subsec. (c). Pub. L. 102–486 added subsec. (c). Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army. STATE AUTHORITIES; CONSTRUCTION Nothing in amendment by Pub. L. 102–486 to be con- strued as affecting or intending to affect, or in any way to interfere with, authority of any State or local gov- ernment relating to environmental protection or siting of facilities, see section 731 of Pub. L. 102–486, set out as a note under section 796 of this title.