---
kind: "section"
citation: "42 U.S.C. § 17304"
title: "42"
title_heading: "The Public Health and Welfare"
number: "17304"
heading: "Penalties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/17304"
units:
  - "Chapter 152 — Energy Independence and Security"
  - "Subchapter VII — Improved Management of Energy Policy"
  - "Part B — Prohibitions on Market Manipulation and False Information"
---

# §17304. Penalties

- (a) **Civil penalty—** In addition to any penalty applicable under the Federal Trade Commission Act ([15 U.S.C. 41](/usc/15/41.md) et seq.), any supplier that violates section [17301](/usc/42/17301.md) or [17302](/usc/42/17302.md) of this title shall be punishable by a civil penalty of not more than $1,000,000.
- (b) **Method—** The penalties provided by [subsection (a)](#a) shall be obtained in the same manner as civil penalties imposed under section 5 of the Federal Trade Commission Act ([15 U.S.C. 45](/usc/15/45.md)).
- (c) **Multiple offenses; mitigating factors—** In assessing the penalty provided by [subsection (a)](#a)—
  - (1) each day of a continuing [violation](/usc/42/2000e–16a.md?p=c) shall be considered a separate [violation](/usc/42/2000e–16a.md?p=c); and
  - (2) the court shall take into consideration, among other factors—
    - (A) the seriousness of the [violation](/usc/42/2000e–16a.md?p=c); and
    - (B) the efforts of the person committing the [violation](/usc/42/2000e–16a.md?p=c) to remedy the harm caused by the [violation](/usc/42/2000e–16a.md?p=c) in a timely manner.

## Source credit

(Pub. L. 110–140, title VIII, § 814, Dec. 19, 2007, 121 Stat. 1724.)

## Notes

### Editorial Notes

### References in Text

The Federal Trade Commission Act, referred to in subsec. (a), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.