---
kind: "section"
citation: "42 U.S.C. § 6395"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6395"
heading: "Enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6395"
units:
  - "Chapter 77 — Energy Conservation"
  - "Subchapter IV — General Provisions"
  - "Part B — General Provisions"
---

# §6395. Enforcement

- (a) **Civil penalty—** Whoever violates [section 6394 of this title](/usc/42/6394.md) shall be subject to a civil penalty of not more than $5,000 for each [violation](/usc/42/2000e–16a.md?p=c).
- (b) **Penalty for willful violation—** Whoever willfully violates [section 6394 of this title](/usc/42/6394.md) shall be fined not more than $10,000 for each [violation](/usc/42/2000e–16a.md?p=c).
- (c) **Penalty for violation after having been subjected to civil penalty for prior violation—** Any [person](/usc/42/6202.md?p=2) who knowingly and willfully violates [section 6394 of this title](/usc/42/6394.md) with respect to the sale, offer of sale, or [distribution in commerce](/usc/42/6291.md?p=16) of a product or commodity after having been subjected to a civil penalty for a prior [violation](/usc/42/2000e–16a.md?p=c) of [section 6394 of this title](/usc/42/6394.md) with respect to the sale, offer of sale, or [distribution in commerce](/usc/42/6291.md?p=16) of such product or commodity shall be fined not more than $50,000 or imprisoned not more than 6 months, or both.
- (d) **Injunction action by Attorney General—** Whenever it appears to any officer or [agency](/usc/42/8262.md?p=1) of the [United States](/usc/42/6202.md?p=5) in whom is vested, or to whom is delegated, authority under this chapter that any [person](/usc/42/6202.md?p=2) has engaged, is engaged, or is about to engage in acts or [practices](/usc/42/17061.md?p=19) constituting a [violation](/usc/42/2000e–16a.md?p=c) of [section 6394 of this title](/usc/42/6394.md), such officer or [agency](/usc/42/8262.md?p=1) may request the Attorney General to bring an action in an appropriate district court of the [United States](/usc/42/6202.md?p=5) to enjoin such acts or [practices](/usc/42/17061.md?p=19), and upon a proper showing a temporary restraining order or a preliminary or permanent injunction shall be granted without bond. Any such court may also issue mandatory injunctions commanding any [person](/usc/42/6202.md?p=2) to comply with any rule, regulation, or order described in [section 6394 of this title](/usc/42/6394.md).
- (e) **Private right of action—**
  - (1) Any [person](/usc/42/6202.md?p=2) suffering legal wrong because of any act or practice arising out of any [violation](/usc/42/2000e–16a.md?p=c) of any provision of this chapter described in [paragraph (2)](#e-2), may bring an action in an appropriate district court of the [United States](/usc/42/6202.md?p=5) without regard to the amount in controversy, for appropriate relief, including an action for a declaratory judgment or writ of injunction. Nothing in this subsection shall authorize any [person](/usc/42/6202.md?p=2) to recover damages.
  - (2) The provisions of this chapter referred to in [paragraph (1)](#e-1) are as follows:
    - (A) Section 6262[^1] of this title (relating to [energy](/usc/42/6291.md?p=3) conservation plans).
    - (B) [Section 6271 of this title](/usc/42/6271.md) (relating to international oil [allocation](/usc/42/2021b.md?p=2)).
    - (C) [Section 6272 of this title](/usc/42/6272.md) (relating to international voluntary agreements).
    - (D) [Section 6273 of this title](/usc/42/6273.md) (relating to [advisory committees](/usc/42/17061.md?p=2)).
    - (E) [Section 6274 of this title](/usc/42/6274.md) (relating to international exchange of information).
    - (F) [Section 6391 of this title](/usc/42/6391.md) (relating to prohibition on certain actions).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 94–163, title V, § 525, Dec. 22, 1975, 89 Stat. 963.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (d) and (e), was in the original “this Act”, meaning Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.

Section 6262 of this title, referred to in subsec. (e)(2)(A), was repealed by Pub. L. 106–469, title I, § 104(1), Nov. 9, 2000, 114 Stat. 2033.