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33 U.S.C. § 1913 — Compliance reports

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

33 U.S.C. § 1913 — Compliance reports

**(a) In general** Within 1 year after the effective date of this section, and triennially thereafter, the Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of Agriculture and the Secretary of Commerce, shall report to the Congress regarding compliance with Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, in United States waters and, not later than 1 year after October 19, 1996, and annually thereafter, shall publish in the Federal Register a list of the enforcement actions taken against any domestic or foreign ship (including any commercial or recreational ship) pursuant to the Act to Prevent Pollution from Ships ([33 U.S.C. 1901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1901&num=0&edition=prelim) et seq.). **(b) Report on inability to comply** Within 3 years after the effective date of this section, the head of each Federal agency that operates or contracts for the operation of any ship referred to in section 3(b)(1)(A) of the Act to Prevent Pollution from Ships [[33 U.S.C. 1902(b)(1)(A)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1902/b/1/A&num=0&edition=prelim)] that may not be able to comply with the requirements of that section shall report to the Congress describing— (1) the technical and operational impediments to achieving that compliance; (2) an alternative schedule for achieving that compliance as rapidly as is technologically feasible; (3) the ships operated or contracted for operation by the agency for which full compliance with section 3(b)(2)(A) [[33 U.S.C. 1902(b)(2)(A)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1902/b/2/A&num=0&edition=prelim)] is not techno

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Source location: Title 33, Chapter 33, § 1913; chapter-033-prevention-of-pollution-from-ships.md

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**(a) In general** Within 1 year after the effective date of this section, and triennially thereafter, the Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of Agriculture and the Secretary of Commerce, shall report to the Congress regarding compliance with Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, in United States waters and, not later than 1 year after October 19, 1996, and annually thereafter, shall publish in the Federal Register a list of the enforcement actions taken against any domestic or foreign ship (including any commercial or recreational ship) pursuant to the Act to Prevent Pollution from Ships ([33 U.S.C. 1901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1901&num=0&edition=prelim) et seq.). **(b) Report on inability to comply** Within 3 years after the effective date of this section, the head of each Federal agency that operates or contracts for the operation of any ship referred to in section 3(b)(1)(A) of the Act to Prevent Pollution from Ships [[33 U.S.C. 1902(b)(1)(A)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1902/b/1/A&num=0&edition=prelim)] that may not be able to comply with the requirements of that section shall report to the Congress describing— (1) the technical and operational impediments to achieving that compliance; (2) an alternative schedule for achieving that compliance as rapidly as is technologically feasible; (3) the ships operated or contracted for operation by the agency for which full compliance with section 3(b)(2)(A) [[33 U.S.C. 1902(b)(2)(A)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1902/b/2/A&num=0&edition=prelim)] is not technologically feasible; and (4) any other information which the agency head considers relevant and appropriate. **(c) Congressional action** Upon receipt of the compliance report under subsection (b), the Congress shall modify the applicability of Annex V to ships referred to in section 3(b)(1)(A) of the Act to Prevent Pollution from Ships [[33 U.S.C. 1902(b)(1)(A)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1902/b/1/A&num=0&edition=prelim)], as may be appropriate with respect to the requirements of Annex V to the Convention.

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

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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

33 U.S.C. § 1902 — Ships subject to preventive measures

**(a) Included vessels** This chapter shall apply— (1) to a ship of United States registry or nationality, or one operated under the authority of the United States, wherever located; (2) with respect to Annexes I and II to the Convention, to a ship, other than a ship referred to in paragraph (1), while in the navigable waters of the United States; (3) with respect to the requirements of Annex V to the Convention, to a ship, other than a ship referred to in paragraph (1), while in the navigable waters or the exclusive economic zone of the United States; (4) with respect to regulations prescribed under [section 1905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1905&num=0&edition=prelim), any port or terminal in the United States; and (5) with respect to Annex VI to the Convention, and other than with respect to a ship referred to in paragraph (1)— (A) to a ship that is in a port, shipyard, offshore terminal, or the internal waters of the United States; (B) to a ship that is bound for, or departing from, a port, shipyard, offshore terminal, or the internal waters of the United States, and is in— (i) the navigable waters or the exclusive economic zone of the United States; (ii) an emission control area designated pursuant to [section 1903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1903&num=0&edition=prelim); or (iii) any other area that the Administrator, in consultation with the Secretary and each State in which any part of the area is located, has designated by order as being an area from which emissions from ships are of concern with respect to protection of public health, welfare, or the environment; (C) to a ship that is entitled to fly the flag of

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

33 U.S.C. § 1901 — Definitions

**(a)** Unless the context indicates otherwise, as used in this chapter— (1) “Administrator” means the Administrator of the Environmental Protection Agency; (2) “Antarctica” means the area south of 60 degrees south latitude; (3) “Antarctic Protocol” means the Protocol on Environmental Protection to the Antarctic Treaty, signed October 4, 1991, in Madrid, and all annexes thereto, and includes any future amendments thereto which have entered into force; (4) “MARPOL Protocol” means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, and includes the Convention; (5) “Convention” means the International Convention for the Prevention of Pollution from Ships, 1973, including Protocols I and II and Annexes I, II, V, and VI thereto, including any modification or amendments to the Convention, Protocols, or Annexes which have entered into force for the United States; (6) “discharge”, “emission”, “garbage”, “harmful substance”, and “incident” shall have the meanings provided in the Convention; (7) “navigable waters” includes the territorial sea of the United States (as defined in Presidential Proclamation 5928 of December 27, 1988) and the internal waters of the United States; (8) “owner” means any person holding title to, or in the absence of title, any other indicia of ownership of, a ship or terminal, but does not include a person who, without participating in the management or operation of a ship or terminal, holds indicia of ownership primarily to protect a security interest in the ship or terminal; (9) “operator” means— (a) in the case of a ship, a charterer by demise or any other person, except the owner, who is responsible for the operation, manning, victualing, and supplying of the vessel, or (b) in the c

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

33 U.S.C. § 1955 — Coordination

**(a) Establishment of Interagency Marine Debris Coordinating Committee** There is established an Interagency Marine Debris Coordinating Committee to coordinate a comprehensive program of marine debris research and activities among Federal agencies, in cooperation and coordination with non-governmental organizations, industry, universities, and research institutions, States, Indian tribes, and other nations, as appropriate. **(b) Membership** The Committee shall include a senior official from— (1) the National Oceanic and Atmospheric Administration, who shall serve as the Chairperson of the Committee; (2) the Environmental Protection Agency; (3) the United States Coast Guard; (4) the United States Navy; (5) the Department of State; (6) the Department of the Interior; and (7) such other Federal agencies that have an interest in ocean issues or water pollution prevention and control as the Secretary of Commerce determines appropriate. **(c) Meetings** The Committee shall meet at least twice a year to provide a public, interagency forum to ensure the coordination of national and international research, monitoring, education, and regulatory actions addressing the persistent marine debris problem. **(d) Monitoring** The Secretary of Commerce, acting through the Under Secretary, in cooperation with the EPA Administrator, shall utilize the marine debris data derived under title V of the Marine Protection, Research, and Sanctuaries Act of 1972 ([33 U.S.C. 2801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2801&num=0&edition=prelim) et seq.) to assist— (1) the Committee in ensuring coordination of research, monitoring, education and regulatory actions; and (2) the United States Coast Guard in assessing the effectiveness of the Marine Pl

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

33 U.S.C. § 1901 — Definitions

Page 659 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1901 Sec. 1910. Legal actions. 1911. Effect on other laws. 1912. International law. 1913. Compliance reports. 1914. Transferred. 1915. Repealed. § 1901. Definitions (a) Unless the context indicates otherwise, as used in this chapter— (1) ‘‘Administrator’’ means the Adminis- trator of the Environmental Protection Agen- cy; (2) ‘‘Antarctica’’ means the area south of 60 degrees south latitude; (3) ‘‘Antarctic Protocol’’ means the Protocol on Environmental Protection to the Antarctic Treaty, signed October 4, 1991, in Madrid, and all annexes thereto, and includes any future amendments thereto which have entered into force; (4) ‘‘MARPOL Protocol’’ means the Protocol of 1978 relating to the International Conven- tion for the Prevention of Pollution from Ships, 1973, and includes the Convention; (5) ‘‘Convention’’ means the International Convention for the Prevention of Pollution from Ships, 1973, including Protocols I and II and Annexes I, II, V, and VI thereto, including any modification or amendments to the Con- vention, Protocols, or Annexes which have en- tered into force for the United States; (6) ‘‘discharge’’, ‘‘emission’’, ‘‘garbage’’, ‘‘harmful substance’’, and ‘‘incident’’ shall have the meanings provided in the Conven- tion; (7) ‘‘navigable waters’’ includes the terri- torial sea of the United States (as defined in Presidential Proclamation 5928 of December 27, 1988) and the internal waters of the United States; (8) ‘‘owner’’ means any person holding title to, or in the absence of title, any other indicia of ownership of, a ship or terminal, but does not include a person who, without partici- pating in the management or operation of a ship or terminal, holds indicia of

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

33 U.S.C. § 1902 — Ships subject to preventive measures

Page 664 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1902 authority of any department, instrumentality, or agen- cy of the United States. ‘‘(b) Nothing in this title shall in any way affect or restrict, or be construed to affect or restrict, the au- thority of the State of Alaska or any political subdivi- sion thereof— ‘‘(1) to impose additional liability or additional re- quirements; or ‘‘(2) to impose, or determine the amount of a fine or penalty (whether criminal or civil in nature) for any violation of law; relating to the discharge of sewage (whether treated or untreated) or graywater in the waters of the Alexander Archipelago and the navi- gable waters of the United States within the State of Alaska or within the Kachemak Bay National Estua- rine Research Reserve. ‘‘SEC. 1412. REGULATIONS. ‘‘The Secretary and the Administrator each may pre- scribe any regulations necessary to carry out the provi- sions of this title. ‘‘SEC. 1413. INFORMATION GATHERING AUTHORITY. ‘‘The authority of sections 308(a) and (b) of the Fed- eral Water Pollution Control Act [33 U.S.C. 1318(a), (b)], as amended, shall be available to the Administrator to carry out the provisions of this title. The Adminis- trator and the Secretary shall minimize, to the extent practicable, duplication of or inconsistency with the inspection, sampling, testing, recordkeeping, and re- porting requirements established by the Secretary under section 1406 of this title. ‘‘SEC. 1414. DEFINITIONS. ‘‘In this title: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the United States Envi- ronmental Protection Agency. ‘‘(2) CRUISE VESSEL.—The term ‘cruise vessel’ means a passenger vessel as defined in section 2101(22) [now 2101(31)] of title 46, United States Code. The term ‘c

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

33 U.S.C. § 1913 — Compliance reports

Page 676 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1911 (1) against any person alleged to be in viola- tion of the provisions of this chapter, or regu- lations issued hereunder; (2) against the Secretary where there is al- leged a failure of the Secretary to perform any act or duty under this chapter which is not discretionary with the Secretary; (3) against the Administrator where there is alleged a failure of the Administrator to per- form any act or duty under this chapter which is not discretionary; or (4) against the Secretary of the Treasury where there is alleged a failure of the Sec- retary of the Treasury to take action under section 1908(e) of this title. (b) Commencement conditions No action may be commenced under sub- section (a) of this section— (1) prior to 60 days after the plaintiff has given notice, in writing and under oath, to the alleged violator, the Secretary concerned or the Administrator, and the Attorney General; or (2) if the Secretary or the Administrator has commenced enforcement or penalty action with respect to the alleged violation and is conducting such procedures diligently. (c) Venue Any suit brought under this section shall be brought— (1) in a case concerning an onshore facility or port, in the United States district court for the judicial district where the onshore facility or port is located; (2) in a case concerning an offshore facility or offshore structure under the jurisdiction of the United States, in the United States dis- trict court for the judicial district nearest the offshore facility or offshore structure; (3) in a case concerning a ship, in the United States district court for any judicial district wherein the ship or its owner or operator may be found; or (4) in any case, in the Distr

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