Page:United States Statutes at Large Volume 92 Part 3.djvu/631

 PUBLIC LAW 95-619—NOV. 9, 1978

92 STAT. 3263

United States Code. The court shall have jurisdiction to enter a judgment affirming, modifying, or setting aside in whole or in part, the order of the Secretary, or the court may remand the proceeding to the Secretary 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 shall promptly assess such penalty, by order, after the date of the receipt of the notice under paragraph (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), the Secretary 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) Any election to have this paragraph apply may not be revoked except with the consent of the Secretary. "(4) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order under paragraph (2), or after the appropriate district court has entered final judgment in favor of the Secretary under paragraph (3), the Secretary shall institute an action to recover the amount of such penalty in any appropriate district court of the United States. 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, United States Code, or section 502(c) of the Department of Energy Organization Act, the Secretary shall be represented by the general counsel of the 42 USC 7192. Department of Energy (or any attorney or attorneys within the Department of Energy designated by the Secretary) 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)) in a court of the United States or in any other court, except the Supreme Court. However, the Secretary or the general counsel shall consult with the Attorney General concerning such litigation, and the Attorney General shall provide, on request, such assistance in the conduct of such litigation as may be appropriate. "(B) Subject to the provisions of section 502(c) of the Department of Energy Organization Act, the Secretary shall be represented by the Attorney General, or the Solicitor General, as appropriate, in actions under this subsection, except to the extent provided in subparagraph (A) of this paragraph. "(C) Section 402(d) of the Department of Energy Organization Act shall not apply with respect to the functions of the Secretary under 42 USC 7172. this subsection. "(6) For purposes of applying the preceding provisions of this sub\ section in the case of the assessment of a penalty by the Commission for a violation of paragraphs (1) and (2) of section 332, references in such \ provisions to 'Secretary' and 'Department of Energy' shall be considered to be references to the 'Commission'.'" SEC. 424. EFFECT OF STANDARDS ON OTHER LAWS. (a) INTERIM PREEMPTION.—Section 327(b) of the Energy Policy

and Conservation Act (42 U.S,C. 6297(b)) is amended to read as follows: "(b)(1) If a State regulation is prescribed which establishes an energy efficiency standard or other requirement respecting energy use

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