§ 797. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC797]
TITLE 15--COMMERCE AND TRADE
CHAPTER 16C--ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION
Sec. 797. Enforcement
(a) Violations
It shall be unlawful for any person to violate any provision of
section 792 of this title (relating to coal conversion and allocation)
or section 796 of this title (relating to energy information) or to
violate any rule, regulation, or order issued pursuant to any such
provision.
(b) Penalties; injunctions; declaratory judgments
(1) Whoever violates any provision of subsection (a) of this section
shall be subject to a civil penalty of not more than $2,500 for each
violation.
(2) Whoever willfully violates any provision of subsection (a) of
this section shall be fined not more than $5,000 for each violation.
(3) It shall be unlawful for any person to offer for sale or
distribute in commerce any coal in violation of an order or regulation
issued pursuant to section 792(d) of this title. Any person who
knowingly and willfully violates this paragraph after having been
subjected to a civil penalty for a prior violation of the same provision
of any order or regulation issued pursuant to section 792(d) of this
title shall be fined not more than $50,000, or imprisoned not more than
six months, or both.
(4) Whenever it appears to the Federal Energy Administrator or any
person authorized by the Federal Energy Administrator to exercise
authority under section 792 of this title or section 796 of this title
that any individual or organization has engaged, is engaged, or is about
to engage in acts or practices constituting a violation of subsection
(a) of this section the Federal Energy Administrator or such person may
request the Attorney General to bring a civil action 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.
In such action, the court may also issue mandatory injunctions
commanding any person to comply with any provision, the violation of
which is prohibited by subsection (a) of this section.
(5) Any person suffering legal wrong because of any act or practice
arising out of any violation of subsection (a) of this section may bring
a civil action for appropriate relief, including an action for a
declaratory judgment or writ of injunction. United States district
courts shall have jurisdiction of actions under this paragraph without
regard to the amount in controversy. Nothing in this paragraph shall
authorize any person to recover damages.
(Pub. L. 93-319, Sec. 12, June 22, 1974, 88 Stat. 264.)
Transfer of Functions
Federal Energy Administration terminated and functions vested by law
in Administrator thereof transferred to Secretary of Energy (unless
otherwise specifically provided) by sections 7151(a) and 7293 of Title
42, The Public Health and Welfare.
Section Referred to in Other Sections
This section is referred to in section 790 of this title; title 16
section 2643.
