dreamproit/uscode huggingface dataset:
33 U.S.C. § 3706 (NAVIGATION AND NAVIGABLE WATERS)
§ 3706. NSF ocean acidification activities
(a) Research activities
The Director of the National Science Foundation shall continue to carry out research activities on ocean acidification which shall support competitive, merit-based, peer-reviewed proposals for research and monitoring of ocean acidification and its impacts, including—
(1) impacts on marine organisms and marine ecosystems;
(2) impacts on ocean, coastal, and estuarine biogeochemistry; and
(3) the development of methodologies and technologies to evaluate ocean acidification and its impacts.
(b) Consistency
The research activities shall be consistent with the strategic research plan developed by the Subcommittee under section 3704 of this title.
(c) Coordination
The Director shall encourage coordination of the Foundation’s ocean acidification activities with such activities of other nations and international organizations.
(Pub. L. 111–11, title XII, § 12407, Mar. 30, 2009, 123 Stat. 1441.)
33 U.S.C. § 3707 (NAVIGATION AND NAVIGABLE WATERS)
§ 3707. NASA ocean acidification activities
(a) Ocean acidification activities
The Administrator of the National Aeronautics and Space Administration, in coordination with other relevant agencies, shall ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and its impacts.
(b) Program consistency
The Administrator shall ensure that the Agency’s research and monitoring activities on ocean acidification are carried out in a manner consistent with the strategic research plan developed by the Subcommittee under section 3704 of this title.
(c) Coordination
The Administrator shall encourage coordination of the Agency’s ocean acidification activities with such activities of other nations and international organizations.
(Pub. L. 111–11, title XII, § 12408, Mar. 30, 2009, 123 Stat. 1441.)
33 U.S.C. § 3708 (NAVIGATION AND NAVIGABLE WATERS)
§ 3708. Authorization of appropriations
(a) NOAA
There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the purposes of this chapter—
(1) $8,000,000 for fiscal year 2009;
(2) $12,000,000 for fiscal year 2010;
(3) $15,000,000 for fiscal year 2011; and
(4) $20,000,000 for fiscal year 2012.
(b) NSF
There are authorized to be appropriated to the National Science Foundation to carry out the purposes of this chapter—
(1) $6,000,000 for fiscal year 2009;
(2) $8,000,000 for fiscal year 2010;
(3) $12,000,000 for fiscal year 2011; and
(4) $15,000,000 for fiscal year 2012.
(Pub. L. 111–11, title XII, § 12409, Mar. 30, 2009, 123 Stat. 1441.)
33 U.S.C. § 3802 (NAVIGATION AND NAVIGABLE WATERS)
§ 3802. Covered vessels
(a) Included vessel
Except as provided in subsection (b), after the Convention enters into force for the United States, the following vessels are subject to the requirements of this chapter:
(1) A vessel documented under chapter 121 of title 46 or one operated under the authority of the United States, wherever located.
(2) Any vessel permitted by a Federal agency to operate on the Outer Continental Shelf.
(3) Any other vessel when—
(A) in the internal waters of the United States;
(B) in any port, shipyard, offshore terminal, or other place in the United States;
(C) lightering in the territorial sea; or
(D) to the extent consistent with international law, anchoring in the territorial sea of the United States.
(b) Excluded vessels
(1) In general
The following vessels are not subject to the requirements of this chapter:
(A) Any warship, naval auxiliary, or other vessel owned or operated by a foreign state, and used, for the time being, only on government noncommercial service.
(B) Except as provided in paragraph (2), any warship, naval auxiliary, or other vessel owned or operated by the United States and used for the time being only on government noncommercial service.
(2) Application to United States government vessels
(A) In general
The Administrator may apply any requirement of this chapter to one or more classes of vessels described in paragraph (1)(B), if the head of the Federal department or agency under which those vessels operate concurs in that application.
(B) Limitation for combat-related vessel
Subparagraph (A) shall not apply to combat-related vessels.
(Pub. L. 111–281, title X, § 1012, Oct. 15, 2010, 124 Stat. 3024.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
33 U.S.C. § 3803 (NAVIGATION AND NAVIGABLE WATERS)
§ 3803. Administration and enforcement
(a) In general
Unless otherwise specified in this chapter, with respect to a vessel, the Secretary shall administer and enforce the Convention and this chapter.
(b) Administrator
Except with respect to section 3841(b) and (c) of this title, the Administrator shall administer and enforce subchapter III.
(c) Regulations
The Administrator and the Secretary may each prescribe and enforce regulations as may be necessary to carry out their respective responsibilities under this chapter.
(Pub. L. 111–281, title X, § 1013, Oct. 15, 2010, 124 Stat. 3025.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (c), was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
33 U.S.C. § 3804 (NAVIGATION AND NAVIGABLE WATERS)
§ 3804. Compliance with international law
Any action taken under this chapter shall be taken in accordance with treaties to which the United States is a party and other international obligations of the United States.
(Pub. L. 111–281, title X, § 1014, Oct. 15, 2010, 124 Stat. 3025.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
33 U.S.C. § 3805 (NAVIGATION AND NAVIGABLE WATERS)
§ 3805. Utilization of personnel, facilities or equipment of other Federal departments and agencies
The Secretary and the Administrator may utilize by agreement, with or without reimbursement, personnel, facilities, or equipment of other Federal departments and agencies in administering the Convention, this chapter, or any regulations prescribed under this chapter.
(Pub. L. 111–281, title X, § 1015, Oct. 15, 2010, 124 Stat. 3025.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
33 U.S.C. § 3821 (NAVIGATION AND NAVIGABLE WATERS)
§ 3821. Certificates
(a) Certificate required
On entry into force of the Convention for the United States, any vessel of at least 400 gross tons that engages in one or more international voyages (except fixed or floating platforms, FSUs, and FPSOs) shall carry an International Antifouling System Certificate.
(b) Issuance of Certificate
On entry into force of the Convention, on a finding that a successful survey required by the Convention has been completed, a vessel of at least 400 gross tons that engages in at least one international voyage (except fixed or floating platforms, FSUs, and FPSOs) shall be issued an International Antifouling System Certificate. The Secretary may issue the Certificate required by this section. The Secretary may delegate this authority to an organization that the Secretary determines is qualified to undertake that responsibility.
(c) Maintenance of Certificate
The Certificate required by this section shall be maintained as required by the Secretary.
(d) Certificates issued by other party countries
A Certificate issued by any country that is a party to the Convention has the same validity as a Certificate issued by the Secretary under this section.
(e) Vessels of nonparty countries
Notwithstanding subsection (a), a vessel of at least 400 gross tons, having the nationality of or entitled to fly the flag of a country that is not a party to the Convention, may demonstrate compliance with this chapter through other appropriate documentation considered acceptable by the Secretary.
(Pub. L. 111–281, title X, § 1021, Oct. 15, 2010, 124 Stat. 3025.)
heading: References in Text
text: This chapter, referred to in subsec. (e), was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
33 U.S.C. § 3822 (NAVIGATION AND NAVIGABLE WATERS)
§ 3822. Declaration
(a) Requirements
On entry into force of the Convention for the United States, a vessel of at least 24 meters in length, but less than 400 gross tons engaged on an international voyage (except fixed or floating platforms, FSUs, and FPSOs) must carry a declaration described in subsection (b) that is signed by the owner or owner’s authorized agent. That declaration shall be accompanied by appropriate documentation, such as a paint receipt or a contractor invoice, or contain an appropriate endorsement.
(b) Content of declaration
The declaration must contain a clear statement that the antifouling system on the vessel complies with the Convention. The Secretary may prescribe the form and other requirements of the declaration.
(Pub. L. 111–281, title X, § 1022, Oct. 15, 2010, 124 Stat. 3026.)
33 U.S.C. § 3823 (NAVIGATION AND NAVIGABLE WATERS)
§ 3823. Other compliance documentation
In addition to the requirements under sections 3821 and 3822 of this title, the Secretary may require vessels to hold other documentation considered necessary to verify compliance with this chapter.
(Pub. L. 111–281, title X, § 1023, Oct. 15, 2010, 124 Stat. 3026.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
33 U.S.C. § 3824 (NAVIGATION AND NAVIGABLE WATERS)
§ 3824. Process for considering additional controls
(a) Actions by Administrator
The Administrator may—
(1) participate in the technical group described in Article 7 of the Convention, and in any other body convened pursuant to the Convention for the consideration of new or additional controls on antifouling systems;
(2) evaluate any risks of adverse effects on nontarget organisms or human health presented by a given antifouling system such that the amendment of annex 1 of the Convention may be warranted;
(3) undertake an assessment of relevant environmental, technical, and economic considerations necessary to evaluate any proposals for new or additional controls of antifouling systems under the Convention, including benefits in the United States and elsewhere associated with the production and use in the United States and elsewhere, of the subject antifouling system; and
(4) develop recommendations based on that assessment.
(b) Referrals to technical group
(1) Convening of Shipping Coordinating Committee
On referral of any antifouling system to the technical group described in article 7 of the Convention for consideration of new or additional controls, the Secretary of State shall convene a public meeting of the Shipping Coordinating Committee for the purpose of receiving information and comments regarding controls on such antifouling system. The Secretary of State shall publish advance notice of such meeting in the Federal Register and on the State Department’s Web site. The Administrator shall assemble and maintain a public docket containing notices pertaining to that meeting, any comments responding to those notices, the minutes of that meeting, and materials presented at that meeting.
(2) Report by technical group
The Administrator shall promptly make any report by the technical group described in the Convention available to the public through the docket established pursuant to subsection (b) and announce the availability of that report in the Federal Register. The Administrator shall provide an opportunity for public comment on the report for a period of not less than 30 days from the time the availability of the report is announced in the Federal Register.
(3) Consideration of comments
To the extent practicable, the Administrator shall take any comments into consideration in developing recommendations under subsection (a).
(Pub. L. 111–281, title X, § 1024, Oct. 15, 2010, 124 Stat. 3026.)
33 U.S.C. § 3825 (NAVIGATION AND NAVIGABLE WATERS)
§ 3825. Scientific and technical research and monitoring; communication and information
The Secretary, the Administrator, and the Administrator of the National Oceanic and Atmospheric Administration may each undertake scientific and technical research and monitoring pursuant to article 8 of the Convention and to promote the availability of relevant information concerning—
(1) scientific and technical activities undertaken in accordance with the Convention;
(2) marine scientific and technological programs and their objectives; and
(3) the effects observed from any monitoring and assessment programs relating to antifouling systems.
(Pub. L. 111–281, title X, § 1025, Oct. 15, 2010, 124 Stat. 3027.)
33 U.S.C. § 3826 (NAVIGATION AND NAVIGABLE WATERS)
§ 3826. Communication and exchange of information
(a) In general
Except as provided in subsection (b), with respect to those antifouling systems regulated by the Administrator, the Administrator shall provide to any party to the Convention that requests it, relevant information on which the decision to regulate was based, including information provided for in annex 3 to the Convention, or other information suitable for making an appropriate evaluation of the antifouling system.
(b) Limitation
This section shall not be construed to authorize the provision of information the disclosure of which is otherwise prohibited by law.
(Pub. L. 111–281, title X, § 1026, Oct. 15, 2010, 124 Stat. 3027.)
33 U.S.C. § 3841 (NAVIGATION AND NAVIGABLE WATERS)
§ 3841. Prohibitions
(a) In general
Notwithstanding any other provision of law, it is unlawful for any person—
(1) to act in violation of this chapter, or any regulation prescribed under this chapter;
(2) to sell or distribute in domestic or international commerce organotin or an antifouling system containing organotin;
(3) to manufacture, process, or use organotin to formulate an antifouling system;
(4) to apply an antifouling system containing organotin on any vessel to which this chapter applies; or
(5) after the Convention enters into force for the United States, to apply or otherwise use in a manner inconsistent with the Convention, an antifouling system on any vessel that is subject to this chapter.
(b) Vessel hulls
Except as provided in subsection (c), no vessel shall bear on its hull or outer surface any antifouling system containing organotin, regardless of when such system was applied, unless that vessel bears an overcoating which forms a barrier to organotin leaching from the underlying antifouling system.
(c) Limitations
(1) Excepted vessel
Subsection (b) does not apply to fixed or floating platforms, FSUs, or FPSOs that were constructed prior to January 1, 2003, and that have not been in dry dock on or after that date.
(2) Sale, manufacture, etc.
This section does not apply to—
(A) the sale, distribution, or use pursuant to any agreement between the Administrator and any person that results in an earlier prohibition or cancellation date than specified in this chapter; or
(B) the manufacture, processing, formulation, sale, distribution, or use of organotin or antifouling systems containing organotin used or intended for use only for sonar domes or in conductivity sensors in oceanographic instruments.
(Pub. L. 111–281, title X, § 1031, Oct. 15, 2010, 124 Stat. 3027.)
heading: References in Text
text: This chapter, referred to in subsecs. (a)(1), (4), (5) and (c)(2)(A), was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
33 U.S.C. § 3842 (NAVIGATION AND NAVIGABLE WATERS)
§ 3842. Investigations and inspections by Secretary
(a) In general
The Secretary may conduct investigations and inspections regarding a vessel’s compliance with this chapter or the Convention.
(b) Violations; subpoenas
(1) In general
In any investigation under this section, the Secretary may issue a subpoena to require the attendance of a witness or the production of documents or other evidence if—
(A) before the issuance of the subpoena, the Secretary requests a determination by the Attorney General of the United States as to whether the subpoena will interfere with a criminal investigation; and
(B) the Attorney General—
(i) determines that the subpoena will not interfere with a criminal investigation; or
(ii) fails to make a determination under clause (i) before the date that is 30 days after the date on which the Secretary makes a request under subparagraph (A).
(2) Enforcement
In the case of refusal to obey a subpoena issued to any person under this subsection, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance.
(c) Further action
On completion of an investigation, the Secretary may take whatever further action the Secretary considers appropriate under the Convention or this chapter.
(d) Cooperation
The Secretary may cooperate with other parties to the Convention in the detection of violations and in enforcement of the Convention. Nothing in this section affects or alters requirements under any other laws.
(Pub. L. 111–281, title X, § 1032, Oct. 15, 2010, 124 Stat. 3028.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (c), was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
33 U.S.C. § 3843 (NAVIGATION AND NAVIGABLE WATERS)
§ 3843. EPA enforcement
(a) Inspections, subpoenas
(1) In general
For purposes of enforcing this chapter or any regulation prescribed under this chapter, officers or employees of the Environmental Protection Agency or of any State designated by the Administrator may enter at reasonable times any location where there is being held or may be held organotin or any other substance or antifouling system regulated under the Convention, for the purpose of inspecting and obtaining samples of any containers or labeling for organotin or other substance or system regulated under the Convention.
(2) Subpoenas
(A) In general
In any investigation under this section, the Administrator may issue a subpoena to require the attendance of a witness or the production of documents or other evidence if—
(i) before the issuance of the subpoena, the Administrator requests a determination by the Attorney General of the United States as to whether the subpoena will interfere with a criminal investigation; and
(ii) the Attorney General—
(I) determines that the subpoena will not interfere with a criminal investigation; or
(II) fails to make a determination under subclause (I) before the date that is 30 days after the date on which the Administrator makes a request under clause (i).
(B) Enforcement
In the case of refusal to obey a subpoena issued to any person under this paragraph, the Administrator may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance.
(b) Stop manufacture, sale, use, or removal orders
Consistent with section 3803 of this title, whenever any organotin or other substance or system regulated under the Convention is found by the Administrator and there is reason to believe that a manufacturer, seller, distributor, or user has violated or is in violation of any provision of this chapter, or that such organotin or other substance or system regulated under the Convention has been or is intended to be manufactured, distributed, sold, or used in violation of this chapter, the Administrator may issue a stop manufacture, sale, use, or removal order to any person that owns, controls, or has custody of such organotin or other substance or system regulated under the Convention. After receipt of that order the person may not manufacture, sell, distribute, use, or remove the organotin or other substance or system regulated under the Convention described in the order except in accordance with the order.
(Pub. L. 111–281, title X, § 1033, Oct. 15, 2010, 124 Stat. 3028.)
heading: References in Text
text: This chapter, referred to in subsecs. (a)(1) and (b), was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
33 U.S.C. § 3844 (NAVIGATION AND NAVIGABLE WATERS)
§ 3844. Additional authority of the Administrator
The Administrator, in consultation with the Secretary, may establish, as necessary, terms and conditions regarding the removal and disposal of antifouling systems prohibited or restricted under this chapter.
(Pub. L. 111–281, title X, § 1034, Oct. 15, 2010, 124 Stat. 3029.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
33 U.S.C. § 3851 (NAVIGATION AND NAVIGABLE WATERS)
§ 3851. Criminal enforcement
Any person who knowingly violates paragraph (2), (3), (4), or (5) of section 3841(a) of this title or section 3841(b) of this title shall be fined under title 18 or imprisoned not more than 6 years, or both.
(Pub. L. 111–281, title X, § 1041, Oct. 15, 2010, 124 Stat. 3029.)
33 U.S.C. § 3853 (NAVIGATION AND NAVIGABLE WATERS)
§ 3853. Liability in rem
A vessel operated in violation of the Convention, this chapter, or any regulation prescribed under this chapter, is liable in rem for any fine imposed under title 18 or civil penalty assessed pursuant to section 3852 of this title, and may be proceeded against in the United States district court of any district in which the vessel may be found.
(Pub. L. 111–281, title X, § 1043, Oct. 15, 2010, 124 Stat. 3031; Pub. L. 111–330, § 1(20), Dec. 22, 2010, 124 Stat. 3571.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
heading: Amendments
text: 2010—Pub. L. 111–330 substituted “under title 18” for “under section 18”.
heading: Effective Date of 2010 Amendment
text: Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(20) is effective with the enactment of Pub. L. 111–281.