
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC3414]

 
                      TITLE 15--COMMERCE AND TRADE
 
                     CHAPTER 60--NATURAL GAS POLICY
 
          SUBCHAPTER V--ADMINISTRATION, ENFORCEMENT, AND REVIEW
 
Sec. 3414. Enforcement


(a) General rule

    It shall be unlawful for any person to violate any provision of this 
chapter or any rule or order under this chapter.

(b) Civil enforcement

                           (1) In general

        Except as provided in paragraph (2), whenever it appears to the 
    Commission that any person is engaged or about to engage in any act 
    or practice which constitutes or will constitute a violation of any 
    provision of this chapter, or of any rule or order thereunder, the 
    Commission may bring an action in the District Court of the United 
    States for the District of Columbia or any other appropriate 
    district court of the United States to enjoin such act or practice 
    and to enforce compliance with this chapter, or any rule or order 
    thereunder.

                 (2) Enforcement of emergency orders

        Whenever it appears to the President that any person has 
    engaged, is engaged, or is about to engage in acts or practices 
    constituting a violation of any order under section 3362 of this 
    title or any order or supplemental order issued under section 3363 
    of this title, the President may bring a civil action in any 
    appropriate district court of the United States to enjoin such acts 
    or practices.

      (3) Repealed. Pub. L. 101-60, Sec. 3(a)(4)(B), July 26, 
                             1989, 103 Stat. 158

                        (4) Relief available

        In any action under paragraph (1) or (2), the court shall, upon 
    a proper showing, issue a temporary restraining order or preliminary 
    or permanent injunction without bond. In any such action, the court 
    may also issue a mandatory injunction commanding any person to 
    comply with any applicable provision of law, rule, or order, or 
    ordering such other legal or equitable relief as the court 
    determines appropriate, including refund or restitution.

                        (5) Criminal referral

        The Commission may transmit such evidence as may be available 
    concerning any acts or practices constituting any possible 
    violations of the Federal antitrust laws to the Attorney General who 
    may institute appropriate criminal proceedings.

                         (6) Civil penalties

        (A) In general

            Any person who knowingly violates any provision of this 
        chapter, or any provision of any rule or order under this 
        chapter, shall be subject to--
                (i) except as provided in clause (ii) a civil penalty, 
            which the Commission may assess, of not more than $5,000 for 
            any one violation; and
                (ii) a civil penalty, which the President may assess, of 
            not more than $25,000, in the case of any violation of an 
            order under section 3362 of this title or an order or 
            supplemental order under section 3363 of this title.

        (B) ``Knowing'' defined

            For purposes of subparagraph (A) the term ``knowing'' means 
        the having of--
                (i) actual knowledge; or
                (ii) the constructive knowledge deemed to be possessed 
            by a reasonable individual who acts under similar 
            circumstances.

        (C) Each day separate violation

            For purposes of this paragraph, in the case of a continuing 
        violation, each day of violation shall constitute a separate 
        violation.

        (D) Statute of limitations

            No person shall be subject to any civil penalty under this 
        paragraph with respect to any violation occurring more than 3 
        years before the date on which such person is provided notice of 
        the proposed penalty under subparagraph (E). The preceding 
        sentence shall not apply in any case in which an untrue 
        statement of material fact was made to the Commission or a State 
        or Federal agency by, or acquiesced to by, the violator with 
        respect to the acts or omissions constituting such violation, or 
        if there was omitted a material fact necessary in order to make 
        any statement made by, or acquiesced to by, the violator with 
        respect to such acts or omissions not misleading in light of 
        circumstances under such statement was made.

        (E) Assessed by Commission

            Before assessing any civil penalty under this paragraph, the 
        Commission shall provide to such person notice of the proposed 
        penalty. Following receipt of notice of the proposed penalty by 
        such person, the Commission shall, by order, asssess \1\ such 
        penalty.
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    \1\ So in original. Probably should be ``assess''.
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        (F) Judicial review

            If the civil penalty has not been paid within 60 calendar 
        days after the assessment order has been made under subparagraph 
        (E), the Commission 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) Criminal penalties

                      (1) Violations of chapter

        Except in the case of violations covered under paragraph (3), 
    any person who knowingly and willfully violates any provision of 
    this chapter shall be subject to--
            (A) a fine of not more than $5,000; or
            (B) imprisonment for not more than two years; or
            (C) both such fine and such imprisonment.

             (2) Violation of rules or orders generally

        Except in the case of violations covered under paragraph (3), 
    any person who knowingly and willfully violates any rule or order 
    under this chapter (other than an order of the Commission assessing 
    a civil penalty under subsection (b)(4)(E) of this section), shall 
    be subject to a fine of not more than $500 for each violation.

                 (3) Violations of emergency orders

        Any person who knowingly and willfully violates an order under 
    section 3362 of this title or an order or supplemental order under 
    section 3363 of this title shall be fined not more than $50,000 for 
    each violation.

                   (4) Each day separate violation

        For purposes of this subsection, each day of violation shall 
    constitute a separate violation.

                      (5) ``Knowingly'' defined

        For purposes of this subsection, the term ``knowingly'', when 
    used with respect to any act or omission by any person, means such 
    person--
            (A) had actual knowledge; or
            (B) had constructive knowledge deemed to be possessed by a 
        reasonable individual who acts under similar circumstances.

(Pub. L. 95-621, title V, Sec. 504, Nov. 9, 1978, 92 Stat. 3401; Pub. L. 
101-60, Sec. 3(a)(4), (b)(6), July 26, 1989, 103 Stat. 158, 159.)


                               Amendments

    1989--Subsec. (a). Pub. L. 101-60, Sec. 3(b)(6), struck out par. (2) 
designation and par. (1) making it unlawful to sell natural gas at a 
first sale price in excess of any applicable maximum lawful price under 
this chapter.
    Subsec. (b). Pub. L. 101-60, Sec. 3(a)(4), substituted ``paragraph 
(2)'' for ``paragraphs (2) and (3)'' in par. (1), struck out par. (3) 
which related to enforcement of incremental pricing, and substituted 
``paragraph (1) or (2)'' for ``paragraph (1), (2), or (3)'' in par. (4).


                    Effective Date of 1989 Amendment

    Amendment by section 3(b)(6) of Pub. L. 101-60 effective Jan. 1, 
1993, see section 3(b) of Pub. L. 101-60, set out as a note under 
section 3372 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 3416 of this title.
