---
kind: "range"
citation: "42 U.S.C. §§ 6298–6306"
title: "42"
from: "6298"
to: "6306"
count: 9
release: "119-102"
url: "https://uscodex.org/usc/42/6298..6306"
---

# §6298. Rules


The [Commission](/usc/42/6291.md?p=18) and the [Secretary](/usc/42/6202.md?p=1) may each issue such rules as each deems necessary to carry out the provisions of this part.


# §6299. Authority to obtain information

- (a) **In general—** For purposes of carrying out this part, the [Commission](/usc/42/6291.md?p=18) and the [Secretary](/usc/42/6202.md?p=1) may each sign and issue subpenas for the attendance and testimony of witnesses and the production of relevant books, records, papers, and other documents, and may each administer oaths. Witnesses summoned under the provisions of this section shall be paid the same fees and mileage as are paid to witnesses in the courts of the [United States](/usc/42/6202.md?p=5). In case of contumacy by, or refusal to obey a subpena served, upon any [persons](/usc/42/6202.md?p=2) subject to this part, the [Commission](/usc/42/6291.md?p=18) and the [Secretary](/usc/42/6202.md?p=1) may each seek an order from the district court of the [United States](/usc/42/6202.md?p=5) for any district in which such [person](/usc/42/6202.md?p=2) is found or resides or transacts business requiring such [person](/usc/42/6202.md?p=2) to appear and give testimony, or to appear and produce documents. Failure to obey any such order is punishable by such court as a contempt thereof.
- (b) **Confidentiality—** Any information submitted by any [person](/usc/42/6202.md?p=2) to the [Secretary](/usc/42/6202.md?p=1) or the [Commission](/usc/42/6291.md?p=18) under this part shall not be considered [energy](/usc/42/6291.md?p=3) information as defined by [section 796(e)(1) of title 15](/usc/15/796.md?p=e-1) for purposes of any verification examination authorized to be conducted by the Comptroller General under [section 6381 of this title](/usc/42/6381.md).

# §6300. Exports


This part shall not apply to any [covered product](/usc/42/6291.md?p=2) if (1) such [covered product](/usc/42/6291.md?p=2) is manufactured, sold, or held for sale for export from the [United States](/usc/42/6202.md?p=5) (or such product was imported for export), unless such product is in fact distributed in [commerce](/usc/42/6291.md?p=17) for use in the [United States](/usc/42/6202.md?p=5), and (2) such [covered product](/usc/42/6291.md?p=2) when distributed in [commerce](/usc/42/6291.md?p=17), or any container in which it is enclosed when so distributed, bears a stamp or label stating that such [covered product](/usc/42/6291.md?p=2) is intended for export.


# §6301. Imports


Any [covered product](/usc/42/6291.md?p=2) offered for [importation](/usc/42/6291.md?p=11) in [violation](/usc/42/2000e–16a.md?p=c) of [section 6302 of this title](/usc/42/6302.md) shall be refused admission into the customs territory of the [United States](/usc/42/6202.md?p=5) under rules issued by the [Secretary](/usc/42/6202.md?p=1) of the Treasury, except that the [Secretary](/usc/42/6202.md?p=1) of the Treasury may, by such rules, authorize the [importation](/usc/42/6291.md?p=11) of such [covered product](/usc/42/6291.md?p=2) upon such terms and conditions (including the furnishing of a bond) as may appear to him appropriate to ensure that such [covered product](/usc/42/6291.md?p=2) will not violate [section 6302 of this title](/usc/42/6302.md), or will be exported or abandoned to the [United States](/usc/42/6202.md?p=5). The [Secretary](/usc/42/6202.md?p=1) of the Treasury shall prescribe rules under this section not later than 180 days after December 22, 1975.


# §6302. Prohibited acts

- (a) **In general—** It shall be unlawful—
  - (1) for any [manufacturer](/usc/42/6291.md?p=12) or [private labeler](/usc/42/6291.md?p=15-A) [to distribute in commerce](/usc/42/6291.md?p=16) any [new covered product](#b) to which a rule under [section 6294 of this title](/usc/42/6294.md) applies, unless such [covered product](/usc/42/6291.md?p=2) is labeled in accordance with such rule;
  - (2) for any [manufacturer](/usc/42/6291.md?p=12), [distributor](/usc/42/6291.md?p=14), [retailer](/usc/42/6291.md?p=13), or [private labeler](/usc/42/6291.md?p=15-A) to [remove](/usc/42/9601.md?p=23) from any [new covered product](#b) or render illegible any label required to be provided with such product under a rule under [section 6294 of this title](/usc/42/6294.md);
  - (3) for any [manufacturer](/usc/42/6291.md?p=12) to fail to permit access to, or copying of, records required to be supplied under this part, or fail to make reports or provide other information required to be supplied under this part;
  - (4) for any [person](/usc/42/6202.md?p=2) to fail to comply with an applicable requirement of section [6296(a)](/usc/42/6296.md?p=a), [(b)(2)](/usc/42/6296.md?p=b-2), [(b)(3)](/usc/42/6296.md?p=b-3), or [(b)(5)](/usc/42/6296.md?p=b-5) of this title;
  - (5) for any [manufacturer](/usc/42/6291.md?p=12) or [private labeler](/usc/42/6291.md?p=15-A) [to distribute in commerce](/usc/42/6291.md?p=16) any [new covered product](#b) which is not in conformity with an applicable [energy conservation standard](/usc/42/6291.md?p=6) established in or prescribed under this part, except to the extent that the [new covered product](#b) is covered by a regional [standard](/usc/42/1320d.md?p=7) that is more stringent than the [base](/usc/42/6291.md?p=30-H) national [standard](/usc/42/1320d.md?p=7);
  - (6) for any [manufacturer](/usc/42/6291.md?p=12) or [private labeler](/usc/42/6291.md?p=15-A) to knowingly sell a product to a [distributor](/usc/42/6291.md?p=14), contractor, or dealer with knowledge that the entity routinely violates any regional [standard](/usc/42/1320d.md?p=7) applicable to the product;
  - (7) for any [manufacturer](/usc/42/6291.md?p=12), [distributor](/usc/42/6291.md?p=14), [retailer](/usc/42/6291.md?p=13), or [private labeler](/usc/42/6291.md?p=15-A) [to distribute in commerce](/usc/42/6291.md?p=16) an adapter that—
    - (A) is designed to allow an [incandescent lamp](/usc/42/6291.md?p=30-C) that does not have a [medium screw base](/usc/42/6291.md?p=51) to be installed into a fixture or lampholder with a [medium screw base](/usc/42/6291.md?p=51) socket; and
    - (B) is capable of being operated at a voltage range at least partially within 110 and 130 volts; or
  - (8) for any [person](/usc/42/6202.md?p=2)—
    - (A) to activate an activation lock for a grid-enabled [water heater](/usc/42/6291.md?p=27) with knowledge that such [water heater](/usc/42/6291.md?p=27) is not used as part of an electric thermal storage or demand response [program](/usc/42/274l–1.md?p=4);
    - (B) to distribute an activation key for a grid-enabled [water heater](/usc/42/6291.md?p=27) with knowledge that such activation key will be used to activate a grid-enabled [water heater](/usc/42/6291.md?p=27) that is not used as part of an electric thermal storage or demand response [program](/usc/42/274l–1.md?p=4);
    - (C) to otherwise enable a grid-enabled [water heater](/usc/42/6291.md?p=27) to operate at its designed specification and capabilities with knowledge that such [water heater](/usc/42/6291.md?p=27) is not used as part of an electric thermal storage or demand response [program](/usc/42/274l–1.md?p=4); or
    - (D) to knowingly [remove](/usc/42/9601.md?p=23) or render illegible the label of a grid-enabled [water heater](/usc/42/6291.md?p=27) described in [section 6295(e)(6)(A)(ii)(V) of this title](/usc/42/6295.md?p=e-6-A-ii-V).
- (b) **“New covered product” defined—** For purposes of this section, the term “new covered product” means a [covered product](/usc/42/6291.md?p=2) the title of which has not passed to a purchaser who buys such product for purposes other than (1) reselling such product, or (2) leasing such product for a period in excess of one year.

# §6303. Enforcement

- (a) **In general—** Except as provided in [subsection (c)](#c), any [person](/usc/42/6202.md?p=2) who [knowingly](#b) violates any provision of [section 6302 of this title](/usc/42/6302.md) shall be subject to a civil penalty of not more than $100 for each [violation](/usc/42/2000e–16a.md?p=c). Such penalties shall be assessed by the [Commission](/usc/42/6291.md?p=18), except that penalties for [violations](/usc/42/2000e–16a.md?p=c) of [section 6302(a)(3) of this title](/usc/42/6302.md?p=a-3) which relate to requirements prescribed by the [Secretary](/usc/42/6202.md?p=1), [violations](/usc/42/2000e–16a.md?p=c) of [section 6302(a)(4) of this title](/usc/42/6302.md?p=a-4) which relate to requests of the [Secretary](/usc/42/6202.md?p=1) under [section 6296(b)(2) of this title](/usc/42/6296.md?p=b-2), or [violations](/usc/42/2000e–16a.md?p=c) of paragraph (5), (6), (7), or (8) of [section 6302(a) of this title](/usc/42/6302.md?p=a) shall be assessed by the [Secretary](/usc/42/6202.md?p=1). Civil penalties assessed under this part may be compromised by the agency or officer authorized to assess the penalty, taking into account the nature and degree of the [violation](/usc/42/2000e–16a.md?p=c) and the impact of the penalty upon a particular [respondent](/usc/42/2000e.md?p=n). Each [violation](/usc/42/2000e–16a.md?p=c) of paragraph (1), (2), (5), (6), (7), or (8) of [section 6302(a) of this title](/usc/42/6302.md?p=a) shall constitute a separate [violation](/usc/42/2000e–16a.md?p=c) with respect to each [covered product](/usc/42/6291.md?p=2), and each day of [violation](/usc/42/2000e–16a.md?p=c) of section [6302(a)(3)](/usc/42/6302.md?p=a-3) or [(4)](/usc/42/6302.md?p=a-4) of this title shall constitute a separate [violation](/usc/42/2000e–16a.md?p=c).
- (b) **“Knowingly” defined—** As used in [subsection (a)](#a), the term “knowingly” means (1) the having of actual knowledge, or (2) the presumed having of knowledge deemed to be possessed by a reasonable man who acts in the circumstances, including knowledge obtainable upon the exercise of due care.
- (c) **Special rule—** It shall be an unfair or deceptive act or practice in or affecting [commerce](/usc/42/6291.md?p=17) (within the meaning of [section 45(a)(1) of title 15](/usc/15/45.md?p=a-1)) for any [person](/usc/42/6202.md?p=2) to violate [section 6293(c) of this title](/usc/42/6293.md?p=c), except to the extent that such [violation](/usc/42/2000e–16a.md?p=c) is prohibited under the provisions of [section 6302(a)(1) of this title](/usc/42/6302.md?p=a-1), in which case such provisions shall apply.
- (d) **Procedure for assessing penalty—**
  - (1) Before issuing an order assessing a civil penalty against any [person](/usc/42/6202.md?p=2) under this section, the [Secretary](/usc/42/6202.md?p=1) shall provide to such [person](/usc/42/6202.md?p=2) notice of the proposed penalty. Such notice shall inform such [person](/usc/42/6202.md?p=2) of his opportunity to elect in writing within 30 days after the date of receipt of such notice to have the procedures of [paragraph (3)](#d-3) (in lieu of those of [paragraph (2)](#d-2)) apply with respect to such assessment.
  - (2)
    - (A) Unless an election is made within 30 calendar days after receipt of notice under [paragraph (1)](#d-1) to have [paragraph (3)](#d-3) apply with respect to such penalty, the [Secretary](/usc/42/6202.md?p=1) shall assess the penalty, by order, after a determination of [violation](/usc/42/2000e–16a.md?p=c) has been made on the record after an opportunity for an agency hearing pursuant to [section 554 of title 5](/usc/5/554.md) before an administrative law judge appointed under [section 3105](/usc/42/3105.md) of such title 5. Such assessment order shall include the administrative law judge’s findings and the basis for such assessment.
    - (B) Any [person](/usc/42/6202.md?p=2) against whom a penalty is assessed under this paragraph may, within 60 calendar days after the date of the order of the [Secretary](/usc/42/6202.md?p=1) assessing such penalty, institute an action in the [United States](/usc/42/6202.md?p=5) court of appeals for the appropriate judicial circuit for judicial review of such order in accordance with [chapter 7](/usc/5/chptI-ch7.md) of title 5. The court shall have jurisdiction to enter a judgment affirming, modifying, or setting aside in whole or in part, the order of the [Secretary](/usc/42/6202.md?p=1), or the court may remand the proceeding to the [Secretary](/usc/42/6202.md?p=1) for such further action as the court may direct.
  - (3)
    - (A) In the case of any civil penalty with respect to which the procedures of this paragraph have been elected, the [Secretary](/usc/42/6202.md?p=1) shall promptly assess such penalty, by order, after the date of the receipt of the notice under [paragraph (1)](#d-1) of the proposed penalty.
    - (B) If the civil penalty has not been paid within 60 calendar days after the assessment order has been made under [subparagraph (A)](#d-3-A), the [Secretary](/usc/42/6202.md?p=1) shall institute an action in the appropriate district court of the [United States](/usc/42/6202.md?p=5) 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](/usc/42/7501.md?p=4), or setting aside in whole or in part, such assessment.
    - (C) Any election to have this paragraph apply may not be revoked except with the consent of the [Secretary](/usc/42/6202.md?p=1).
  - (4) If any [person](/usc/42/6202.md?p=2) fails to pay an assessment of a civil penalty after it has become a final and unappealable order under [paragraph (2)](#d-2), or after the appropriate district court has entered final judgment in favor of the [Secretary](/usc/42/6202.md?p=1) under [paragraph (3)](#d-3), the [Secretary](/usc/42/6202.md?p=1) shall institute an action to recover the amount of such penalty in any appropriate district court of the [United States](/usc/42/6202.md?p=5). In such action, the validity and appropriateness of such final assessment order or judgment shall not be subject to review.
  - (5)
    - (A) Notwithstanding the provisions of [title 28](/usc/28.md) or [section 7192(c) of this title](/usc/42/7192.md?p=c), the [Secretary](/usc/42/6202.md?p=1) shall be represented by the general counsel of the Department of [Energy](/usc/42/6291.md?p=3) (or any attorney or attorneys within the Department of [Energy](/usc/42/6291.md?p=3) designated by the [Secretary](/usc/42/6202.md?p=1)) who shall supervise, conduct, and argue any civil litigation to which paragraph (3) of this subsection applies (including any related collection action under [paragraph (4)](#d-4)) in a court of the [United States](/usc/42/6202.md?p=5) or in any other court, except the Supreme Court. However, the [Secretary](/usc/42/6202.md?p=1) or the general counsel shall consult with the [Attorney General](/usc/42/14902.md?p=6) concerning such litigation, and the [Attorney General](/usc/42/14902.md?p=6) shall provide, on request, such assistance in the conduct of such litigation as may be appropriate.
    - (B) Subject to the provisions of [section 7192(c) of this title](/usc/42/7192.md?p=c), the [Secretary](/usc/42/6202.md?p=1) shall be represented by the [Attorney General](/usc/42/14902.md?p=6), or the Solicitor General, as appropriate, in actions under this subsection, except to the extent provided in subparagraph (A) of this paragraph.
    - (C) [Section 7172(d) of this title](/usc/42/7172.md?p=d) shall not apply with respect to the functions of the [Secretary](/usc/42/6202.md?p=1) under this subsection.
  - (6) For purposes of applying the preceding provisions of this subsection in the case of the assessment of a penalty by the [Commission](/usc/42/6291.md?p=18) for a [violation](/usc/42/2000e–16a.md?p=c) of paragraphs (1) and (2) of [section 6302 of this title](/usc/42/6302.md), references in such provisions to “[Secretary](/usc/42/6202.md?p=1)” and “Department of [Energy](/usc/42/6291.md?p=3)” shall be considered to be references to the “[Commission](/usc/42/6291.md?p=18)”.

# §6304. Injunctive enforcement


The [United States](/usc/42/6202.md?p=5) district courts shall have jurisdiction to restrain (1) any [violation](/usc/42/2000e–16a.md?p=c) of [section 6302 of this title](/usc/42/6302.md) and (2) any [person](/usc/42/6202.md?p=2) from distributing in [commerce](/usc/42/6291.md?p=17) any [covered product](/usc/42/6291.md?p=2) which does not comply with an applicable rule under section [6294](/usc/42/6294.md) or [6295](/usc/42/6295.md) of this title. Any such action shall be brought by the [Commission](/usc/42/6291.md?p=18), except that any such action to restrain any [violation](/usc/42/2000e–16a.md?p=c) of [section 6302(a)(3) of this title](/usc/42/6302.md?p=a-3) which relates to requirements prescribed by the [Secretary](/usc/42/6202.md?p=1), any [violation](/usc/42/2000e–16a.md?p=c) of [section 6302(a)(4) of this title](/usc/42/6302.md?p=a-4) which relates to requests of the [Secretary](/usc/42/6202.md?p=1) under [section 6296(b)(2) of this title](/usc/42/6296.md?p=b-2), or any [violation](/usc/42/2000e–16a.md?p=c) of paragraph (5), (6), (7), or (8) of [section 6302(a) of this title](/usc/42/6302.md?p=a) shall be brought by the [Secretary](/usc/42/6202.md?p=1). Any such action to restrain any [person](/usc/42/6202.md?p=2) from distributing in [commerce](/usc/42/6291.md?p=17) a [general service incandescent lamp](/usc/42/6291.md?p=30-D-i) that does not comply with the applicable [standard](/usc/42/1320d.md?p=7) established under [section 6295(i) of this title](/usc/42/6295.md?p=i) or an adapter prohibited under [section 6302(a)(7) of this title](/usc/42/6302.md?p=a-7) may also be brought by the [attorney general](/usc/42/14902.md?p=6) of a [State](/usc/42/6202.md?p=4) in the name of the [State](/usc/42/6202.md?p=4). Any such action may be brought in any [United States](/usc/42/6202.md?p=5) district court for a district wherein any act, omission, or transaction constituting the [violation](/usc/42/2000e–16a.md?p=c) occurred, or in such court for the district wherein the defendant is found or transacts business. In any action under this section, process may be served on a defendant in any other district in which the defendant resides or may be found.


# §6305. Citizen suits

- (a) **Civil actions; jurisdiction—** Except as otherwise provided in [subsection (b)](#b), any [person](/usc/42/6202.md?p=2) may commence a civil action against—
  - (1) any [manufacturer](/usc/42/6291.md?p=12) or [private labeler](/usc/42/6291.md?p=15-A) who is alleged to be in [violation](/usc/42/2000e–16a.md?p=c) of any provision of this part or any rule under this part;
  - (2) any Federal agency which has a responsibility under this part where there is an alleged failure of such agency to perform any act or duty under this part which is not discretionary; or
  - (3) the [Secretary](/usc/42/6202.md?p=1) in any case in which there is an alleged failure of the [Secretary](/usc/42/6202.md?p=1) to comply with a nondiscretionary duty to issue a proposed or final rule according to the schedules set forth in [section 6295 of this title](/usc/42/6295.md).

  The [United States](/usc/42/6202.md?p=5) district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such provision or rule, or order such Federal agency to perform such act or duty, as the case may be. The courts shall advance on the docket, and expedite the disposition of, all [causes](/usc/42/9908.md?p=c-2) filed therein pursuant to paragraph (3) of this subsection. If the court finds that the [Secretary](/usc/42/6202.md?p=1) has failed to comply with a deadline established in [section 6295 of this title](/usc/42/6295.md), the court shall have jurisdiction to order appropriate relief, including relief that will ensure the [Secretary](/usc/42/6202.md?p=1)’s compliance with future deadlines for the same [covered product](/usc/42/6291.md?p=2).

- (b) **Limitation—** No action may be commenced—
  - (1) under [subsection (a)(1)](#a-1)—
    - (A) prior to 60 days after the date on which the plaintiff has given notice of the [violation](/usc/42/2000e–16a.md?p=c) (i) to the [Secretary](/usc/42/6202.md?p=1), (ii) to the [Commission](/usc/42/6291.md?p=18), and (iii) to any alleged violator of such provision or rule, or
    - (B) if the [Commission](/usc/42/6291.md?p=18) has commenced and is diligently prosecuting a civil action to require compliance with such provision or rule, but, in any such action, any [person](/usc/42/6202.md?p=2) may intervene as a matter of right.
  - (2) under [subsection (a)(2)](#a-2) prior to 60 days after the date on which the plaintiff has given notice of such action to the [Secretary](/usc/42/6202.md?p=1) and [Commission](/usc/42/6291.md?p=18).

  Notice under this subsection shall be given in such manner as the [Commission](/usc/42/6291.md?p=18) shall prescribe by rule.

- (c) **Right to intervene—** In such action under this section, the [Secretary](/usc/42/6202.md?p=1) or the [Commission](/usc/42/6291.md?p=18) (or both), if not a party, may intervene as a matter of right.
- (d) **Award of costs of litigation—** The court, in issuing any final order in any action brought pursuant to [subsection (a)](#a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.
- (e) **Preservation of other relief—** Nothing in this section shall restrict any right which any [person](/usc/42/6202.md?p=2) (or class of [persons](/usc/42/6202.md?p=2)) may have under any statute or common law to seek enforcement of this part or any rule thereunder, or to seek any other relief (including relief against the [Secretary](/usc/42/6202.md?p=1) or the [Commission](/usc/42/6291.md?p=18)).
- (f) **Compliance in good faith—** For purposes of this section, if a [manufacturer](/usc/42/6291.md?p=12) or [private labeler](/usc/42/6291.md?p=15-A) complied in good faith with a rule under this part, then he shall not be deemed to have violated any provision of this part by reason of the alleged invalidity of such rule.

# §6306. Administrative procedure and judicial review

- (a) **Procedure for prescription of rules—**
  - (1) In addition to the requirements of [section 553 of title 5](/usc/5/553.md), rules prescribed under section [6293](/usc/42/6293.md), [6294](/usc/42/6294.md), [6295](/usc/42/6295.md), [6297](/usc/42/6297.md), or [6298](/usc/42/6298.md) of this title shall afford interested [persons](/usc/42/6202.md?p=2) an opportunity to present written and oral data, views, and arguments with respect to any proposed rule.
  - (2) In the case of a rule prescribed under [section 6295 of this title](/usc/42/6295.md), the [Secretary](/usc/42/6202.md?p=1) shall, by means of conferences or other informal procedures, afford any interested [person](/usc/42/6202.md?p=2) an opportunity to question—
    - (A) other interested [persons](/usc/42/6202.md?p=2) who have made oral presentations; and
    - (B) [employees](/usc/42/1320a–7h.md?p=e-7) of the [United States](/usc/42/6202.md?p=5) who have made written or oral presentations with respect to disputed issues of material fact.

    Such opportunity shall be afforded to the extent the [Secretary](/usc/42/6202.md?p=1) determines that questioning pursuant to such procedures is likely to result in a more timely and effective resolution of such issues.

  - (3) A transcript shall be kept of any oral presentations made under this subsection.
- (b) **Petition by persons adversely affected by rules; effect on other laws—**
  - (1) Any [person](/usc/42/6202.md?p=2) who will be adversely affected by a rule prescribed under section [6293](/usc/42/6293.md), [6294](/usc/42/6294.md), or [6295](/usc/42/6295.md) of this title may, at any time within 60 days after the date on which such rule is prescribed, file a petition with the [United States](/usc/42/6202.md?p=5) court of appeals for the circuit in which such [person](/usc/42/6202.md?p=2) resides or has his principal place of business, for judicial review of such rule. A copy of the petition shall be transmitted by the clerk of the court to the agency which prescribed the rule. Such agency shall file in the court the written submissions to, and transcript of, the proceedings on which the rule was based, as provided in [section 2112 of title 28](/usc/28/2112.md).
  - (2) Upon the filing of the petition referred to in [paragraph (1)](#b-1), the court shall have jurisdiction to review the rule in accordance with [chapter 7](/usc/5/chptI-ch7.md) of title 5 and to grant appropriate relief as provided in such chapter. No rule under section [6293](/usc/42/6293.md), [6294](/usc/42/6294.md), or [6295](/usc/42/6295.md) of this title may be affirmed unless supported by substantial evidence.
  - (3) The judgment of the court affirming or setting aside, in whole or in part, any such rule shall be final, subject to review by the Supreme Court of the [United States](/usc/42/6202.md?p=5) upon certiorari or certification as provided in [section 1254 of title 28](/usc/28/1254.md).
  - (4) The remedies provided for in this subsection shall be in addition to, and not in substitution for, any other remedies provided by law.
  - (5) The procedures applicable under this part shall not—
    - (A) be considered to be [modified](/usc/42/7501.md?p=4) or affected by any other provision of law unless such other provision specifically amends this part (or provisions of law cited herein); or
    - (B) be considered to be superseded by any other provision of law unless such other provision does so in specific terms by referring to this part and declaring that such provision supersedes, in whole or in part, the procedures of this part.
- (c) **Jurisdiction—** Jurisdiction is vested in the Federal district courts of the [United States](/usc/42/6202.md?p=5) over actions brought by—
  - (1) any adversely affected [person](/usc/42/6202.md?p=2) to determine whether a [State](/usc/42/6202.md?p=4) or [local government](/usc/42/8401a.md) is complying with the requirements of this part; and
  - (2) any [person](/usc/42/6202.md?p=2) who files a petition under [section 6295(n) of this title](/usc/42/6295.md?p=n) which is denied by the [Secretary](/usc/42/6202.md?p=1).