42 U.S.C. § 9151 — Prohibited acts

Page 7688 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9151 eign commerce or foreign trade of the United States, as defined in section 109 of title 46. (Pub. L. 96–320, title II, § 201, Aug. 3, 1980, 94 Stat. 991.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal En- ergy Conversion Act of 1980, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables. The Merchant Marine Act, 1936, referred to in subsec. (b), is act June 29, 1936, ch. 858, 49 Stat. 1985, which was classified principally to chapter 27 (§ 1101 et seq.) of the former Appendix to Title 46, Shipping. The Act, with the exception of title V, most of title VI, and sections 301, 801, 802, 809(a), and 909 thereof, was repealed and re- stated, mainly in subtitle V of Title 46, by Pub. L. 109–304, §§ 8, 19, Oct. 6, 2006, 120 Stat. 1555, 1710. Title V and sections 301 and 909 of the Act are set out as notes under section 53101 of Title 46. Those portions of title VI not repealed by Pub. L. 109–304 and sections 802 and 809(a) of the Act were repealed by Pub. L. 114–120, title III, § 313(a), Feb. 8, 2016, 130 Stat. 58. Section 801 of the Act was transferred to section 57522 of Title 46 by Pub. L. 114–120, title III, § 313(c)(1)(A), Feb. 8, 2016, 130 Stat. 58. For complete classification of the Act to the Code, see Tables. For disposition of sections of the former Ap- pendix to Title 46, see Disposition Table preceding sec- tion 101 of Title 46. CODIFICATION In subsec. (a)(1), ‘‘chapter 535 of title 46’’ substituted for ‘‘section 607 of the Merchant Marine Act, 1936 (46 U.S.C. 1177)’’ and in subsec. (b), ‘‘section 109 of title 46’’ substituted for ‘‘section 905(a) of the Merchant Marine Act, 1936 (46 U.S.C. 1244(a))’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act en- acted chapter 535 and section 109 of Title 46, Shipping. SUBCHAPTER III—ENFORCEMENT § 9151. Prohibited acts It is unlawful for any person who is a United States citizen or national, or a foreign national in or on board an ocean thermal energy conver- sion facility or plantship or on board any vessel documented or numbered under the laws of the United States, or who is subject to the jurisdic- tion of the United States by an international agreement to which the United States is a party— (1) to violate any provision of this chapter; or any rule, regulation, or order issued pursu- ant to this chapter; or any term or condition of any license issued to such person pursuant to this chapter; (2) to refuse to permit any Federal officer or employee authorized to monitor or enforce the provisions of sections 9120 and 9153 of this title to enter or board an ocean thermal energy conversion facility or plantship or any vessel documented or numbered under the laws of the United States, for purposes of conducting any search or inspection in connection with the monitoring or enforcement of this chapter or any rule, regulation, order, term, or condition referred to in paragraph (1) of this section; (3) to forcibly assault, resist, oppose, im- pede, intimidate, or interfere with any such authorized officer or employee in the conduct of any search or inspection described in para- graph (2) of this section; (4) to resist a lawful arrest for any act pro- hibited by this section; or (5) to interfere with, delay, or prevent, by any means, the apprehension or arrest of an- other person subject to this section knowing that the other person has committed any act prohibited by this section. (Pub. L. 96–320, title III, § 301, Aug. 3, 1980, 94 Stat. 994; Pub. L. 98–623, title VI, § 602(a)(9), Nov. 8, 1984, 98 Stat. 3411.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in pars. (1) and (2), was in the original ‘‘this Act’’, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables. AMENDMENTS 1984—Pub. L. 98–623 substituted ‘‘in or on board an ocean thermal energy conversion facility or plantship or on board any vessel’’ for ‘‘on board an ocean thermal energy conversion facility or plantship or other vessel’’ in provisions preceding par. (1). Par. (2). Pub. L. 98–623 substituted ‘‘to enter or board’’ for ‘‘to board’’. § 9152. Remedies and penalties (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 at- tendance 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 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 re- quirement, 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 speci- ficity the nature of the violation and a time for compliance, not to exceed 30 days, which the Ad- ministrator 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