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 District Court for the District of Columbia. (d) Costs; attorney fees; witness fees The court, in issuing any final order in any ac- tion brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party including the Federal Government. (e) Federal intervention In any action brought under this section, if the Secretary or Attorney General are not par- ties of record, the United States, through the Attorney General, shall have the right to inter- vene. (Pub. L. 96–478, § 11, Oct. 21, 1980, 94 Stat. 2302; Pub. L. 110–280, § 12, July 21, 2008, 122 Stat. 2615.) Editorial Notes AMENDMENTS 2008—Subsec. (a)(3), (4). Pub. L. 110–280, § 12(1), added par. (3) and redesignated former par. (3) as (4). Subsec. (b)(1). Pub. L. 110–280, § 12(2), substituted ‘‘concerned or the Administrator,’’ for ‘‘concerned,’’. Subsec. (b)(2). Pub. L. 110–280, § 12(3), inserted ‘‘or the Administrator’’ after ‘‘Secretary’’. § 1911. Effect on other laws Authorities, requirements, and remedies of this chapter supplement and neither amend nor repeal any other authorities, requirements, or remedies conferred by any other provision of law. Nothing in this chapter shall limit, deny, amend, modify, or repeal any other authority, requirement, or remedy available to the United States or any other person, except as expressly provided in this chapter. (Pub. L. 96–478, § 15, Oct. 21, 1980, 94 Stat. 2303; Pub. L. 110–280, § 11, July 21, 2008, 122 Stat. 2615.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–280 amended section generally. Prior to amendment, section read as follows: ‘‘Nothing in this chapter shall be construed as limiting, dimin- ishing, or otherwise restricting any of the authority of the Secretary under the Port and Tanker Safety Act of 1978.’’ § 1912. International law Any action taken under this chapter shall be taken in accordance with international law. (Pub. L. 96–478, § 17, as added Pub. L. 100–220, title II, § 2108, Dec. 29, 1987, 101 Stat. 1464.) § 1913. Compliance reports (a) In general Within 1 year after the effective date of this section, and triennially thereafter, the Sec- retary 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 regard- ing compliance with Annex V to the Inter- national Convention for the Prevention of Pollu- tion 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 ac- tions 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 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)] that may not be able to comply with the requirements of that section shall re- port to the Congress describing— (1) the technical and operational impedi- ments to achieving that compliance; (2) an alternative schedule for achieving that compliance as rapidly as is techno- logically feasible; (3) the ships operated or contracted for oper- ation by the agency for which full compliance with section 3(b)(2)(A) [33 U.S.C. 1902(b)(2)(A)] 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 ap- Page 677 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1952 plicability of Annex V to ships referred to in section 3(b)(1)(A) of the Act to Prevent Pollu- tion from Ships [33 U.S.C. 1902(b)(1)(A)], as may be appropriate with respect to the requirements of Annex V to the Convention. (Pub. L. 100–220, title II, § 2201, Dec. 29, 1987, 101 Stat. 1464; Pub. L. 104–66, title I, § 1121(c), Dec. 21, 1995, 109 Stat. 724; Pub. L. 104–324, title VIII, § 802(a), Oct. 19, 1996, 110 Stat. 3944.) Editorial Notes REFERENCES IN TEXT For effective date of this section, referred to in sub- secs. (a) and (b), see section 2002 of Pub. L. 100–220, set out as an Effective Date of 1987 Amendment note under section 1901 of this title. The Act to Prevent Pollution from Ships, referred to in subsec. (a), is Pub. L. 96–478, Oct. 21, 1980, 94 Stat. 2297, which is classified principally to this chapter (§ 1901 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. CODIFICATION Section was formerly set out as a note under section 1902 of this title. Section was enacted as part of the Marine Plastic Pollution Research and Control Act of 1987 and as part of the United States-Japan Fishery Agreement Ap- proval Act of 1987, and not as part of the Act to Prevent Pollution from Ships which comprises this chapter. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–324 struck out ‘‘for a pe- riod of 6 years’’ after ‘‘triennially thereafter’’ and in- serted ‘‘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 et seq.)’’ before period at end. 1995—Subsec. (a). Pub. L. 104–66 substituted ‘‘tri- ennially’’ for ‘‘biennially’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1914. Transferred Section, Pub. L. 100–220, title II, § 2203, Dec. 29, 1987, 101 Stat. 1466; Pub. L. 104–324, title VIII, § 802(b), Oct. 19, 1996, 110 Stat. 3944; Pub. L. 109–449, § 5(a), Dec. 22, 2006, 120 Stat. 3337, was redesignated section 5 of Pub. L. 109–449 and transferred to section 1954 of this title. § 1915. Repealed. Pub. L. 112–213, title VI, § 604(d), Dec. 20, 2012, 126 Stat. 1577 Section, Pub. L. 100–220, title II, § 2204, Dec. 29, 1987, 101 Stat. 1466; Pub. L. 104–324, title VIII, § 802(c), Oct. 19, 1996, 110 Stat. 3945, related to creation of a plastic pol- lution public education program. CHAPTER 33A—MARINE DEBRIS RESEARCH, PREVENTION, AND REDUCTION Sec. 1951. Purpose. Sec. 1952. NOAA Marine Debris Program. 1953. Coast Guard program. 1954. Coordination. 1955. Federal information clearinghouse. 1956. Definitions. 1957. Relationship to Outer Continental Shelf Lands Act. 1958. Authorization of appropriations. 1959. Prioritization of marine debris in existing in- novation and entrepreneurship programs. § 1951. Purpose The purpose of this chapter is to address the adverse impacts of marine debris on the United States economy, the marine environment (in- cluding waters in the jurisdiction of the United States, the high seas, and waters in the jurisdic- tion of other countries), and navigation safety through the identification, determination of sources, assessment, prevention, reduction, and removal of marine debris. (Pub. L. 109–449, § 2, Dec. 22, 2006, 120 Stat. 3333; Pub. L. 112–213, title VI, § 603, Dec. 20, 2012, 126 Stat. 1576; Pub. L. 116–224, title I, § 101(1), Dec. 18, 2020, 134 Stat. 1074.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–224 substituted ‘‘marine environ- ment (including waters in the jurisdiction of the United States, the high seas, and waters in the jurisdiction of other countries),’’ for ‘‘marine environment,’’. 2012—Pub. L. 112–213 amended section generally. Prior to amendment, text read as follows: ‘‘The purposes of this chapter are— ‘‘(1) to help identify, determine sources of, assess, reduce, and prevent marine debris and its adverse im- pacts on the marine environment and navigation safety; ‘‘(2) to reactivate the Interagency Marine Debris Coordinating Committee; and ‘‘(3) to develop a Federal marine debris information clearinghouse.’’ Statutory Notes and Related Subsidiaries SHORT TITLE OF 2012 AMENDMENT Pub. L. 112–213, title VI, § 601, Dec. 20, 2012, 126 Stat. 1576, provided that: ‘‘This title [amending this section and sections 1952 to 1956 of this title, transferring sec- tion 1914 of this title to section 1954 of this title, repeal- ing sections 1915 and 1954 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Marine Debris Act Amendments of 2012’.’’ SHORT TITLE Pub. L. 109–449, § 1, Dec. 22, 2006, 120 Stat. 3333, as amended by Pub. L. 112–213, title VI, § 602(a), Dec. 20, 2012, 126 Stat. 1576, provided that: ‘‘This Act [enacting and amending this chapter] may be cited as the ‘Marine Debris Act’.’’ § 1952. NOAA Marine Debris Program (a) Establishment of Program There is established, within the National Oce- anic and Atmospheric Administration, a Marine Debris Program to identify, determine sources of, assess, prevent, reduce, and remove marine debris and address the adverse impacts of ma- rine debris on the economy of the United States, the marine environment, and navigation safety.