dreamproit/uscode huggingface dataset:
33 U.S.C. § 2714 (NAVIGATION AND NAVIGABLE WATERS)
§ 2714. Designation of source and advertisement
(a) Designation of source and notification
When the President receives information of an incident, the President shall, where possible and appropriate, designate the source or sources of the discharge or threat. If a designated source is a vessel or a facility, the President shall immediately notify the responsible party and the guarantor, if known, of that designation.
(b) Advertisement by responsible party or guarantor
(1) If a responsible party or guarantor fails to inform the President, within 5 days after receiving notification of a designation under subsection (a), of the party’s or the guarantor’s denial of the designation, such party or guarantor shall advertise the designation and the procedures by which claims may be presented, in accordance with regulations promulgated by the President. Advertisement under the preceding sentence shall begin no later than 15 days after the date of the designation made under subsection (a). If advertisement is not otherwise made in accordance with this subsection, the President shall promptly and at the expense of the responsible party or the guarantor involved, advertise the designation and the procedures by which claims may be presented to the responsible party or guarantor. Advertisement under this subsection shall continue for a period of no less than 30 days.
(2) An advertisement under paragraph (1) shall state that a claimant may present a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled and that payment of such a claim shall not preclude recovery for damages not reflected in the paid or settled partial claim.
(c) Advertisement by President
If—
(1) the responsible party and the guarantor both deny a designation within 5 days after receiving notification of a designation under subsection (a),
(2) the source of the discharge or threat was a public vessel, or
(3) the President is unable to designate the source or sources of the discharge or threat under subsection (a),
the President shall advertise or otherwise notify potential claimants of the procedures by which claims may be presented to the Fund.
(Pub. L. 101–380, title I, § 1014, Aug. 18, 1990, 104 Stat. 501; Pub. L. 104–324, title XI, § 1142(c), Oct. 19, 1996, 110 Stat. 3991.)
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–324 designated existing provisions as par. (1) and added par. (2).
heading: Delegation of Functions
text: Functions of President under this section delegated to Secretary of Department in which Coast Guard is operating by section 7(d)(2) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54768, set out as a note under section 1321 of this title.
33 U.S.C. § 2715 (NAVIGATION AND NAVIGABLE WATERS)
§ 2715. Subrogation
(a) In general
Any person, including the Fund, who pays compensation pursuant to this Act to any claimant for removal costs or damages shall be subrogated to all rights, claims, and causes of action that the claimant has under any other law.
(b) Interim damages
(1) In general
If a responsible party, a guarantor, or the Fund has made payment to a claimant for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled, subrogation under subsection (a) shall apply only with respect to the portion of the claim reflected in the paid interim claim.
(2) Final damages
Payment of such a claim shall not foreclose a claimant’s right to recovery of all damages to which the claimant otherwise is entitled under this Act or under any other law.
(c) Actions on behalf of Fund
At the request of the Secretary, the Attorney General shall commence an action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this Act, and all costs incurred by the Fund by reason of the claim, including interest (including prejudgment interest), administrative and adjudicative costs, and attorney’s fees. Such an action may be commenced against any responsible party or (subject to section 2716 of this title) guarantor, or against any other person who is liable, pursuant to any law, to the compensated claimant or to the Fund, for the cost or damages for which the compensation was paid. Such an action shall be commenced against the responsible foreign government or other responsible party to recover any removal costs or damages paid from the Fund as the result of the discharge, or substantial threat of discharge, of oil from a foreign offshore unit.
(d) Authority to settle
The head of any department or agency responsible for recovering amounts for which a person is liable under this subchapter may consider, compromise, and settle a claim for such amounts, including such costs paid from the Fund, if the claim has not been referred to the Attorney General. In any case in which the total amount to be recovered may exceed $500,000 (excluding interest), a claim may be compromised and settled under the preceding sentence only with the prior written approval of the Attorney General.
(Pub. L. 101–380, title I, § 1015, Aug. 18, 1990, 104 Stat. 502; Pub. L. 104–324, title XI, § 1142(d), Oct. 19, 1996, 110 Stat. 3991; Pub. L. 108–293, title VII, § 706, Aug. 9, 2004, 118 Stat. 1076.)
heading: References in Text
text: This Act, referred to in text, is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, as amended, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.
heading: Amendments
text: 2004—Subsec. (d). Pub. L. 108–293 added subsec. (d).
1996—Subsecs. (b), (c). Pub. L. 104–324 added subsec. (b) and redesignated former subsec. (b) as (c).
33 U.S.C. § 2716a (NAVIGATION AND NAVIGABLE WATERS)
§ 2716a. Financial responsibility civil penalties
(a) Administrative
Any person who, after notice and an opportunity for a hearing, is found to have failed to comply with the requirements of section 2716 of this title or the regulations issued under that section, or with a denial or detention order issued under subsection (c)(2) 1 of that section, shall be liable to the United States for a civil penalty, not to exceed $25,000 per day of violation. The amount of the civil penalty shall be assessed by the President by written notice. In determining the amount of the penalty, the President shall take into account the nature, circumstances, extent, and gravity of the violation, the degree of culpability, any history of prior violation, ability to pay, and such other matters as justice may require. The President may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which had been imposed under this paragraph. If any person fails to pay an assessed civil penalty after it has become final, the President may refer the matter to the Attorney General for collection.
(b) Judicial
In addition to, or in lieu of, assessing a penalty under subsection (a), the President may request the Attorney General to secure such relief as necessary to compel compliance with this 2 section 2716 of this title, including a judicial order terminating operations. The district courts of the United States shall have jurisdiction to grant any relief as the public interest and the equities of the case may require.
(Pub. L. 101–380, title IV, § 4303, Aug. 18, 1990, 104 Stat. 539.)
heading: Codification
text: Section was not enacted as part of title I of Pub. L. 101–380 which comprises this subchapter.
heading: Delegation of Functions
text: Specific functions of President under this section delegated to Secretary of Department in which Coast Guard is operating and Secretary of the Interior by section 5(b) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54765, as amended, set out as a note under section 1321 of this title.
33 U.S.C. § 2907 (NAVIGATION AND NAVIGABLE WATERS)
§ 2907. Reporting
(a) In general
Not later than September 30, 2008, and every 2 years thereafter, the Secretary, after considering the advice and recommendations of the Council, shall transmit to Congress a report on the results of activities carried out under this chapter.
(b) Contents of report
A report under subsection (a) shall include—
(1) data on the number of acres of estuary habitat restored under this chapter, including descriptions of, and partners involved with, projects selected, in progress, and completed under this chapter that comprise those acres;
(2) information from the database established under section 2906(b) of this title related to ongoing monitoring of projects to ensure that short-term and long-term restoration goals are achieved;
(3) an estimate of the long-term success of varying restoration techniques used in carrying out estuary habitat restoration projects;
(4) a review of how the information described in paragraphs (1) through (3) has been incorporated in the selection and implementation of estuary habitat restoration projects;
(5) a review of efforts made to maintain an appropriate database of restoration projects carried out under this chapter; and
(6) a review of the measures taken to provide the information described in paragraphs (1) through (3) to persons with responsibility for assisting in the restoration of estuary habitat.
(Pub. L. 106–457, title I, § 108, Nov. 7, 2000, 114 Stat. 1965; Pub. L. 110–114, title V, § 5017(f), Nov. 8, 2007, 121 Stat. 1198.)
heading: Amendments
text: 2007—Subsec. (a). Pub. L. 110–114 substituted “Not later than September 30, 2008, and every 2 years thereafter” for “At the end of the third and fifth fiscal years following November 7, 2000”.
33 U.S.C. § 2908 (NAVIGATION AND NAVIGABLE WATERS)
§ 2908. Funding
(a) Authorization of appropriations
(1) Estuary habitat restoration projects
There is authorized to be appropriated for carrying out and providing technical assistance for estuary habitat restoration projects—
(A) to the Secretary, $25,000,000 for each of fiscal years 2008 through 2021;
(B) to the Secretary of the Interior (acting through the Director of the United States Fish and Wildlife Service), $2,500,000 for each of fiscal years 2008 through 2021;
(C) to the Under Secretary for Oceans and Atmosphere of the Department of Commerce, $2,500,000 for each of fiscal years 2008 through 2021;
(D) to the Administrator of the Environmental Protection Agency, $2,500,000 for each of fiscal years 2008 through 2021; and
(E) to the Secretary of Agriculture, $2,500,000 for each of fiscal years 2008 through 2021.
Such sums shall remain available until expended.
(2) Monitoring
There is authorized to be appropriated to the Under Secretary for Oceans and Atmosphere of the Department of Commerce for the acquisition, maintenance, and management of monitoring data on restoration projects carried out under this chapter and other information compiled under section 2906 of this title, $1,500,000 for each of fiscal years 2001 through 2021. Such sums shall remain available until expended.
(b) Set-aside for administrative expenses of the Council
Not to exceed 3 percent of the amounts appropriated for a fiscal year under subsection (a)(1) or $1,500,000, whichever is greater, may be used by the Secretary for administration and operation of the Council.
(Pub. L. 106–457, title I, § 109, Nov. 7, 2000, 114 Stat. 1965; Pub. L. 110–114, title V, § 5017(g), Nov. 8, 2007, 121 Stat. 1198; Pub. L. 114–322, title IV, § 5013(b), Dec. 16, 2016, 130 Stat. 1903.)
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–322 substituted “through 2021” for “through 2012” wherever appearing.
2007—Subsec. (a)(1). Pub. L. 110–114, § 5017(g)(1), struck out “to the Secretary” after “appropriated” in introductory provisions, added subpars. (A) to (E), and struck out former subpars. (A) to (D) which read as follows:
“(A) $40,000,000 for fiscal year 2001;
“(B) $50,000,000 for each of fiscal years 2002 and 2003;
“(C) $60,000,000 for fiscal year 2004; and
“(D) $75,000,000 for fiscal year 2005.”
Subsec. (a)(2). Pub. L. 110–114, § 5017(g)(2), inserted “and other information compiled under section 2906 of this title” after “this chapter” and substituted “2012” for “2005”.
33 U.S.C. § 3002 (NAVIGATION AND NAVIGABLE WATERS)
§ 3002. Definitions
(a) Applicability of definitions in title 10
Except as provided in subsection (b), the definitions provided in section 101 of title 10 apply to the provisions of this chapter.
(b) Additional definitions
In this chapter:
(1) Active duty
The term “active duty” means full-time duty in the active service of a uniformed service.
(2) Grade
The term “grade” means a step or degree, in a graduated scale of office or rank, that is established and designated as a grade by law or regulation.
(3) Officer
The term “officer” means an officer of the commissioned corps.
(4) Flag officer
The term “flag officer” means an officer serving in, or having the grade of, vice admiral, rear admiral, or rear admiral (lower half).
(5) Secretary
The term “Secretary” means the Secretary of Commerce.
(6) Administration
The term “Administration” means the National Oceanic and Atmospheric Administration.
(Pub. L. 107–372, title II, § 212, Dec. 19, 2002, 116 Stat. 3082.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 107–372, Dec. 19, 2002, 116 Stat. 3082, which is classified principally to this chapter. For complete classification of this title to the Code, see Short Title note set out under section 3001 of this title and Tables.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 857–1 of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3022 (NAVIGATION AND NAVIGABLE WATERS)
§ 3022. Personnel boards
(a) Convening
At least once a year and at such other times as the Secretary determines necessary, the Secretary shall convene a personnel board. A personnel board shall consist of not less than five officers on the lineal list in the permanent grade of commander or above.
(b) Duties
Each personnel board shall—
(1) recommend to the Secretary such changes in the lineal list as the board may determine; and
(2) make selections and recommendations to the Secretary and President for the appointment, promotion, separation, continuation, and retirement of officers as prescribed in this subchapter and subchapter III.
(c) Action on recommendations not acceptable
In a case in which any recommendation by a board convened under subsection (a) is not accepted by the Secretary or the President, the board shall make such further recommendations as are acceptable.
(Pub. L. 107–372, title II, § 222, Dec. 19, 2002, 116 Stat. 3085.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853r of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3025 (NAVIGATION AND NAVIGABLE WATERS)
§ 3025. Length of service for promotion purposes
(a) General rule
Each officer shall be assumed to have, for promotion purposes, at least the same length of service as any other officer below that officer on the lineal list.
(b) Exception
Notwithstanding subsection (a), an officer who has lost numbers shall be assumed to have, for promotion purposes, no greater service than the officer next above such officer in such officer’s new position on the lineal list.
(Pub. L. 107–372, title II, § 225, Dec. 19, 2002, 116 Stat. 3085.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853f of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3030 (NAVIGATION AND NAVIGABLE WATERS)
§ 3030. Temporary appointment or advancement of commissioned officers in time of war or national emergency
(a) In general
Officers of the Administration shall be subject in like manner and to the same extent as personnel of the Navy to all laws authorizing temporary appointment or advancement of commissioned officers in time of war or national emergency.
(b) Limitations
Subsection (a) shall be applied subject to the following limitations:
(1) A commissioned officer in the service of a military department under section 3061 of this title may, upon the recommendation of the Secretary of the military department concerned, be temporarily promoted to a higher rank or grade.
(2) A commissioned officer in the service of the Administration may be temporarily promoted to fill vacancies in ranks and grades caused by the transfer of commissioned officers to the service and jurisdiction of a military department under section 3061 of this title.
(3) Temporary appointments may be made in all grades to which original appointments in the Administration are authorized, except that the number of officers holding temporary appointments may not exceed the number of officers transferred to a military department under section 3061 of this title.
(Pub. L. 107–372, title II, § 230, Dec. 19, 2002, 116 Stat. 3087.)
heading: Codification
text: Provisions similar to this section are contained in section 854a–1 of this title.
heading: Delegation of Functions
text: Functions of President under subsec. (b) of this section delegated to Secretary of Commerce by section 1(h)–(j) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.
33 U.S.C. § 3041 (NAVIGATION AND NAVIGABLE WATERS)
§ 3041. Involuntary retirement or separation
(a) Transfer of officers to retired list; separation from service
As recommended by a personnel board convened under section 3022 of this title—
(1) an officer in the permanent grade of captain or commander may be transferred to the retired list; and
(2) an officer in the permanent grade of lieutenant commander, lieutenant, or lieutenant (junior grade) who is not qualified for retirement may be separated from the service.
(b) Computations
In any fiscal year, the total number of officers selected for retirement or separation under subsection (a) plus the number of officers retired for age may not exceed the whole number nearest 4 percent of the total number of officers authorized to be on the active list, except as otherwise provided by law.
(c) Effective date of retirements and separations
A retirement or separation under subsection (a) shall take effect on the first day of the sixth month beginning after the date on which the Secretary approves the retirement or separation, except that if the officer concerned requests an earlier retirement or separation date, the date shall be as determined by the Secretary.
(Pub. L. 107–372, title II, § 241, Dec. 19, 2002, 116 Stat. 3088.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853g of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3042 (NAVIGATION AND NAVIGABLE WATERS)
§ 3042. Separation pay
(a) Authorization of payment
An officer who is separated under section 3041(a)(2) of this title and who has completed more than three years of continuous active service immediately before that separation is entitled to separation pay computed under subsection (b) unless the Secretary determines that the conditions under which the officer is separated do not warrant payment of that pay.
(b) Amount of separation pay
(1) Six or more years
In the case of an officer who has completed six or more years of continuous active service immediately before that separation, the amount of separation pay to be paid to the officer under this section is 10 percent of the product of—
(A) the years of active service creditable to the officer; and
(B) 12 times the monthly basic pay to which the officer was entitled at the time of separation.
(2) Three to six years
In the case of an officer who has completed three or more but fewer than six years of continuous active service immediately before that separation, the amount of separation pay to be paid to the officer under this section is one-half of the amount computed under paragraph (1).
(c) Other conditions, requirements, and administrative provisions
The provisions of subsections (f), (g), and (h) of section 1174 of title 10 shall apply to separation pay under this section in the same manner as such provisions apply to separation pay under that section.
(Pub. L. 107–372, title II, § 242, Dec. 19, 2002, 116 Stat. 3088.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853h of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 3043 (NAVIGATION AND NAVIGABLE WATERS)
§ 3043. Mandatory retirement for age
(a) Officers below grade of rear admiral (lower half)
Unless retired or separated earlier, each officer on the lineal list of the commissioned corps who is serving in a grade below the grade of rear admiral (lower half) shall be retired on the first day of the month following the month in which the officer becomes 62 years of age.
(b) Flag officers
Notwithstanding subsection (a), the President may defer the retirement of an officer serving in a position that carries a grade above captain for such period as the President considers advisable, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 64 years of age.
(Pub. L. 107–372, title II, § 243, Dec. 19, 2002, 116 Stat. 3089.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 853k of this title prior to repeal by Pub. L. 107–372.
heading: Delegation of Functions
text: Functions of President under subsec. (b) of this section delegated to Secretary of Commerce by section 1(e) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.
33 U.S.C. § 3063 (NAVIGATION AND NAVIGABLE WATERS)
§ 3063. Rules and regulations when cooperating with military departments
(a) Joint regulations
The Secretary of Defense and the Secretary of Commerce shall jointly prescribe regulations—
(1) governing the duties to be performed by the Administration in time of war; and
(2) providing for the cooperation of the Administration with the military departments in time of peace in preparation for its duties in time of war.
(b) Approval
Regulations under subsection (a) shall not be effective unless approved by each of those Secretaries.
(c) Communications
Regulations under subsection (a) may provide procedures for making reports and communications between a military department and the Administration.
(Pub. L. 107–372, title II, § 253, Dec. 19, 2002, 116 Stat. 3091.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 858 of this title prior to repeal by Pub. L. 107–372.