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42 U.S.C. § 9161 — Remedies and penalties

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9161 — Remedies and penalties

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Stable record: federal_law:legal_authorities:record_usc_599c1fcd8873892ea38a1d9e
Source file: Laws/federal/codes/united-states-code/title-42/section-9161-remedies-and-penalties--173f15fe4d.md
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Source location: Title 42, Chapter 99, § 9161; chapter-099-ocean-thermal-energy-conversion.md

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**(a) Issuance and enforcement of orders** (1) The Administrator or his delegate shall have the authority to issue and enforce orders during proceedings brought under this chapter. Such authority shall include the authority to issue subpenas, administer oaths, compel the attendance and testimony of witnesses and the production of books, papers, documents, and other evidence, to take depositions before any designated individual competent to administer oaths, and to examine witnesses. (2) Whenever on the basis of any information available to him the Administrator finds that any person subject to [section 9151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9151&num=0&edition=prelim) is in violation of any provision of this chapter or any rule, regulation, order, license, or term or condition thereof, or other requirements under this chapter, he may issue an order requiring such person to comply with such provision or requirement, or bring a civil action in accordance with subsection (b) of this section. (3) Any compliance order issued under this subsection shall state with reasonable specificity the nature of the violation and a time for compliance, not to exceed 30 days, which the Administrator determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. **(b) Civil actions by Attorney General; equitable relief** (1) Upon a request by the Administrator, the Attorney General shall commence a civil action for appropriate relief, including a permanent or temporary injunction, to halt any violation for which the Administrator is authorized to issue a compliance order under subsection (a)(2) of this section. (2) Upon a request by the Administrator, the Attorney General shall bring an action in an appropriate district court of the United States for equitable relief to redress a violation, by any person subject to [section 9151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9151&num=0&edition=prelim), of any provision of this chapter, any regulation issued pursuant to this chapter, or any license condition. **(c) Civil penalties** (1) Any person who is found by the Administrator, after notice and an opportunity for a hearing in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim), to have committed an act prohibited by [section 9151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9151&num=0&edition=prelim) shall be liable to the United States for a civil penalty, not to exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation. The amount of such civil penalty shall be assessed by the Administrator, or his designee, by written notice. In determining the amount of such penalty, the Administrator shall take into account the nature, circumstances, extent and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. (2) Any person against whom a civil penalty is assessed under paragraph (1) of this subsection may obtain a review thereof in the appropriate court of the United States by filing a notice of appeal in such court within 30 days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Administrator. The Administrator shall promptly file in such court a certified copy of the record upon which such violation was found or such penalty imposed, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). The findings and order of the Administrator shall be set aside by such court if they are not found to be supported by substantial evidence, as provided in [section 706(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706/2&num=0&edition=prelim). (3) If any person subject to [section 9151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9151&num=0&edition=prelim) fails to pay an assessment of a civil penalty against him after it has become final, or after the appropriate court has entered final judgment in favor of the Administrator, the Administrator shall refer the matter to the Attorney General of the United States, who shall recover the amount assessed in any appropriate court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. (4) The Administrator may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this subsection. **(d) Criminal penalties** (1) Any person subject to [section 9151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9151&num=0&edition=prelim) is guilty of an offense if he willfully commits any act prohibited by such section. (2) Any offense, other than an offense for which the punishment is prescribed by [section 9113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9113&num=0&edition=prelim), is punishable by a fine of not more than $75,000 for each day during which the violation continues. Any offense described in paragraphs (2), (3), (4), and (5) of [section 9151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9151&num=0&edition=prelim) is punishable by the fine or imprisonment for not more than 6 months, or both. If, in the commission of any offense, the person subject to [section 9151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9151&num=0&edition=prelim) uses a dangerous weapon, engages in conduct that causes bodily injury to any Federal officer or employee, or places any Federal officer or employee in fear of imminent bodily injury, the offense is punishable by a fine of not more than $100,000 or imprisonment for not more than 10 years, or both. **(e) In rem liability of vessels** Any ocean thermal energy conversion facility or plantship licensed pursuant to this chapter and any other vessel documented or numbered under the laws of the United States, except a public vessel engaged in noncommercial activities, used in any violation of this chapter or of any rule, regulation, order, license, or term or condition thereof, or other requirements of this chapter, shall be liable in rem for any civil penalty assessed or criminal fine imposed and may be proceeded against in any district court of the United States having jurisdiction thereof, whenever it shall appear that one or more of the owners, or bareboat charterers, was at the time of the violation a consenting party or privy to such violation.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9151 — Periodic review and revision of regulations

The Administrator and the Secretary of the department in which the Coast Guard is operating shall periodically, at intervals of not more than every 3 years, and in consultation with the Secretary of Energy, review any regulations promulgated pursuant to the provisions of this subchapter to determine the status and impact of such regulations on the continued development, evolution, and commercialization of ocean thermal energy conversion technology. The results of each such review shall be included in the next annual report required by section 9165 11 See References in Text note below. of this title. The Administrator and such Secretary are authorized and directed to promulgate any revisions to the then effective regulations as are deemed necessary and appropriate based on such review, to ensure that any regulations promulgated pursuant to the provisions of this subchapter do not impede such development, evolution, and commercialization of such technology. Additionally, the Secretary of Energy is authorized to propose, based on such review, such revisions for the same purpose. The Administrator or such Secretary, as appropriate, shall have exclusive jurisdiction with respect to any such proposal by the Secretary of Energy and, pursuant to applicable procedures, shall consider and take final action on any such proposal in an expeditious manner. Such consideration shall include at least one informal hearing pursuant to the procedures in [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9151

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 554 — Adjudications

**(a)** This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved— (1) a matter subject to a subsequent trial of the law and the facts de novo in a court; (2) the selection or tenure of an employee, except a 11 So in original. administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim); (3) proceedings in which decisions rest solely on inspections, tests, or elections; (4) the conduct of military or foreign affairs functions; (5) cases in which an agency is acting as an agent for a court; or (6) the certification of worker representatives. **(b)** Persons entitled to notice of an agency hearing shall be timely informed of— (1) the time, place, and nature of the hearing; (2) the legal authority and jurisdiction under which the hearing is to be held; and (3) the matters of fact and law asserted. When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives. **(c)** The agency shall give all interested parties opportunity for— (1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and (2) to the extent that the parties are unable so to determine a controversy by consent, heari

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 554

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9113 — License for ownership, construction, and operation of ocean thermal energy conversion facilities or plantships

**(a) License requirement** No person may engage in the ownership, construction, or operation of an ocean thermal energy conversion facility which is documented under the laws of the United States, which is located in whole or in part between the highwater mark and the seaward boundary of the territorial sea of the United States, or which is connected to the United States by pipeline or cable, except in accordance with a license issued pursuant to this chapter. No citizen of the United States may engage in the ownership, construction or operation of an ocean thermal energy conversion plantship except in accordance with a license issued pursuant to this chapter, or in accordance with a license issued by a foreign nation whose licenses are found by the Administrator, after consultation with the Secretary of State, to be compatible with licenses issued pursuant to this chapter. **(b) Documented plantships; documented facilities; facilities located in territorial sea; facilities connected to United States by pipeline or cable** The Administrator shall, upon application and in accordance with the provisions of this chapter, issue, transfer, amend, or renew licenses for the ownership, construction, and operation of— (1) ocean thermal energy conversion plantships documented under the laws of the United States, and (2) ocean thermal energy conversion facilities documented under the laws of the United States, located in whole or in part between the highwater mark and the seaward boundary of the territorial sea of the United States, or connected to the United States by pipeline or cable. **(c) License issuance prerequisites** The Administrator may issue a license to a citizen of the United States in accordance with the provisions of this chapter unless— (1) he determines tha

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9113

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9101 — Severability

If any provision of this chapter or any application thereof is held invalid, the validity of the remainder of the chapter, or any other application, shall not be affected thereby.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9101

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2112 — Record on review and enforcement of agency orders

**(a)** The rules prescribed under the authority of [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim) may provide for the time and manner of filing and the contents of the record in all proceedings instituted in the courts of appeals to enjoin, set aside, suspend, modify, or otherwise review or enforce orders of administrative agencies, boards, commissions, and officers. Such rules may authorize the agency, board, commission, or officer to file in the court a certified list of the materials comprising the record and retain and hold for the court all such materials and transmit the same or any part thereof to the court, when and as required by it, at any time prior to the final determination of the proceeding, and such filing of such certified list of the materials comprising the record and such subsequent transmittal of any such materials when and as required shall be deemed full compliance with any provision of law requiring the filing of the record in the court. The record in such proceedings shall be certified and filed in or held for and transmitted to the court of appeals by the agency, board, commission, or officer concerned within the time and in the manner prescribed by such rules. If proceedings are instituted in two or more courts of appeals with respect to the same order, the following shall apply: (1) If within ten days after issuance of the order the agency, board, commission, or officer concerned receives, from the persons instituting the proceedings, the petition for review with respect to proceedings in at least two courts of appeals, the agency, board, commission, or officer shall proceed in accordance with paragraph (3) of this subsection. If within ten days after the is

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2112

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9161 — Law of the Sea Treaty

Page 7690 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9161 officers or employees of other departments or agencies to provide assistance as necessary in carrying out subsection (b) of this section. The Administrator and the Secretary of the depart- ment in which the Coast Guard is operating may issue regulations jointly or severally as may be necessary and appropriate to carry out their du- ties under this section. (b) Enforcement activities of authorized officers To enforce the provisions of this chapter in or on board any ocean thermal energy conversion facility or plantship or any vessel subject to the provisions of this chapter, any officer who is au- thorized by the Administrator or the Secretary of the department in which the Coast Guard is operating may— (1) enter or board, and inspect, any ocean thermal energy conversion facility or plantship or any vessel which is subject to the provisions of this chapter; (2) search the vessel if the officer has reason- able cause to believe that the vessel has been used or employed in the violation of any provi- sion of this chapter; (3) arrest any person subject to section 9151 of this title if the officer has reasonable cause to believe that the person has committed a criminal act prohibited by sections 9151 and 9152(d) of this title; (4) seize the vessel together with its gear, furniture, appurtenances, stores, and cargo, used or employed in, or with respect to which it reasonably appears that such vessel was used or employed in, the violation of any pro- vision of this chapter if such seizure is nec- essary to prevent evasion of the enforcement of this chapter; (5) seize any evidence related to any viola- tion of any provision of this chapter; (6) execute any warrant or other process issued

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9161

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