---
kind: "section"
citation: "42 U.S.C. § 9152"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9152"
heading: "Remedies and penalties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/9152"
units:
  - "Chapter 99 — Ocean Thermal Energy Conversion"
  - "Subchapter III — Enforcement"
---

# §9152. Remedies and penalties

- (a) **Issuance and enforcement of orders—**
  - (1) The [Administrator](/usc/42/9102.md?p=2) 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](/usc/42/9102.md?p=2) finds that any [person](/usc/42/9102.md?p=14) subject to [section 9151 of this title](/usc/42/9151.md) is in [violation](/usc/42/2000e–16a.md?p=c) 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](/usc/42/9102.md?p=14) to comply with such provision or requirement, or bring a civil action in accordance with [subsection (b)](#b) of this section.
  - (3) Any compliance order issued under this subsection shall [state](/usc/42/9102.md?p=15) with reasonable specificity the nature of the [violation](/usc/42/2000e–16a.md?p=c) and a time for compliance, not to exceed 30 days, which the [Administrator](/usc/42/9102.md?p=2) determines is reasonable, taking into account the seriousness of the [violation](/usc/42/2000e–16a.md?p=c) 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](/usc/42/9102.md?p=2), the Attorney General shall commence a civil action for appropriate relief, including a permanent or temporary injunction, to halt any [violation](/usc/42/2000e–16a.md?p=c) for which the [Administrator](/usc/42/9102.md?p=2) is authorized to issue a compliance order under [subsection (a)(2)](#a-2) of this section.
  - (2) Upon a request by the [Administrator](/usc/42/9102.md?p=2), the Attorney General shall bring an action in an appropriate district court of the United States for equitable relief to redress a [violation](/usc/42/2000e–16a.md?p=c), by any [person](/usc/42/9102.md?p=14) subject to [section 9151 of this title](/usc/42/9151.md), of any provision of this chapter, any regulation issued pursuant to this chapter, or any license condition.
- (c) **Civil penalties—**
  - (1) Any [person](/usc/42/9102.md?p=14) who is found by the [Administrator](/usc/42/9102.md?p=2), after notice and an opportunity for a hearing in accordance with [section 554 of title 5](/usc/5/554.md), to have committed an act prohibited by [section 9151 of this title](/usc/42/9151.md) shall be liable to the United States for a civil penalty, not to exceed $25,000 for each [violation](/usc/42/2000e–16a.md?p=c). Each day of a continuing [violation](/usc/42/2000e–16a.md?p=c) shall constitute a separate [violation](/usc/42/2000e–16a.md?p=c). The amount of such civil penalty shall be assessed by the [Administrator](/usc/42/9102.md?p=2), or his designee, by written notice. In determining the amount of such penalty, the [Administrator](/usc/42/9102.md?p=2) 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](/usc/42/9102.md?p=14) 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](/usc/42/9102.md?p=2). The [Administrator](/usc/42/9102.md?p=2) shall promptly file in such court a certified copy of the record upon which such [violation](/usc/42/2000e–16a.md?p=c) was found or such penalty imposed, as provided in [section 2112 of title 28](/usc/28/2112.md). The findings and order of the [Administrator](/usc/42/9102.md?p=2) 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](/usc/5/706.md?p=2).
  - (3) If any [person](/usc/42/9102.md?p=14) subject to [section 9151 of this title](/usc/42/9151.md) 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](/usc/42/9102.md?p=2), the [Administrator](/usc/42/9102.md?p=2) 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](/usc/42/9102.md?p=2) 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](/usc/42/9102.md?p=14) subject to [section 9151 of this title](/usc/42/9151.md) 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](/usc/42/9113.md), is punishable by a fine of not more than $75,000 for each day during which the [violation](/usc/42/2000e–16a.md?p=c) continues. Any offense described in paragraphs (2), (3), (4), and (5) of [section 9151 of this title](/usc/42/9151.md) is punishable by the fine or imprisonment for not more than 6 months, or both. If, in the commission of any offense, the [person](/usc/42/9102.md?p=14) subject to [section 9151 of this title](/usc/42/9151.md) 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](/usc/42/9102.md?p=11) or [plantship](/usc/42/9102.md?p=13) 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](/usc/42/2000e–16a.md?p=c) 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](/usc/42/13641.md?p=4), or bareboat charterers, was at the time of the [violation](/usc/42/2000e–16a.md?p=c) a consenting party or privy to such [violation](/usc/42/2000e–16a.md?p=c).

## Source credit

(Pub. L. 96–320, title III, § 302, Aug. 3, 1980, 94 Stat. 995; Pub. L. 98–623, title VI, § 602(e)(5), Nov. 8, 1984, 98 Stat. 3412.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (a)(1), (2), (b)(2), and (e), 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—Subsec. (b)(1). Pub. L. 98–623 substituted “to halt any violation” for “any violation”.