Outer Continental Shelf Lands Act Amendments Act of 2010

Senator Sheldon Whitehouse (D-RI)

S.3346

A bill by Senator Sheldon Whitehouse to increase the limits on liability under the Outer Continental Shelf Lands Act.

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Outer Continental Shelf Lands Act Amendments Act of 2010’.CommentsClose CommentsPermalink

SEC. 2. REMEDIES AND PENALTIES UNDER THE OUTER CONTINENTAL SHELF LANDS ACT.

(a) Civil Penalties- Section 24(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1350(b)) is amended--

(1) in the first sentence of paragraph (1), by striking ‘$20,000’ and inserting ‘$75,000’;

(2) in paragraph (2), by striking ‘may be assessed’ and inserting ‘of not more than $150,000 for each day of the continuance of the failure shall be assessed’;

(b) Criminal Penalties- The first sentence of section 24(c) of the Outer Continental Shelf Lands Act (43 U.S.C. 1350(c)) is amended by striking ‘$100,000’ and inserting ‘$10,000,000’.CommentsClose CommentsPermalink

1(c) Effective Date- The amendments made by subsection (a) take effect on April 15, 2010.

Commentary: This bill is a response to the oil spill in the Gulf of Mexico. It would increase the fine for those who “knowingly and willfully” violate the provisions of 43 U.S.C. § 1350(c). “Any person” who “knowingly and willfully” violates a subsection of § 1350(c) is subject to imprisonment for 10 years, a fine, or both, and the bill would increase the amount of the fine from $10,000 to $10 million. Section 1350(d) of Title 43 currently provides that, where a corporation or other entity is subject to prosecution, “any officer or agent of the same corporation or entity who knowingly and willfully authorized, ordered, or carried out the proscribed activity” can be individually prosecuted. (Overcriminalized.com)