dreamproit/uscode huggingface dataset:
33 U.S.C. § 3604 (NAVIGATION AND NAVIGABLE WATERS)
§ 3604. Interagency financing and agreements
(a) In general
The Secretary of Commerce may execute an agreement, on a reimbursable or nonreimbursable basis, with any State or subdivision thereof, any Federal agency, any public or private organization, or any individual to carry out activities under this chapter.
(b) Reciprocity
Member Departments and agencies of the Council shall have the authority to create, support, and maintain joint centers, and to enter into and perform such contracts, leases, grants, and cooperative agreements as may be necessary to carry out the purposes of this chapter and fulfillment of the System Plan.
(Pub. L. 111–11, title XII, § 12305, Mar. 30, 2009, 123 Stat. 1434; Pub. L. 116–271, title I, § 104, Dec. 31, 2020, 134 Stat. 3339.)
heading: Editorial Notes
heading: Amendments
text: 2020—Subsec. (a). Pub. L. 116–271 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “To carry out interagency activities under this chapter, the Secretary of Commerce may execute cooperative agreements, or any other agreements, with, and receive and expend funds made available by, any State or subdivision thereof, any Federal agency, or any public or private organization, or individual.”
33 U.S.C. § 3606 (NAVIGATION AND NAVIGABLE WATERS)
§ 3606. Report to Congress
(a) Requirement
Not later than March 30, 2022, and every 5 years thereafter, the Administrator shall prepare, and the President acting through the Council shall approve and transmit to Congress, a report on progress made in implementing this chapter.
(b) Contents
Each report required under subsection (a) shall include—
(1) a description of activities carried out under this chapter and the System Plan;
(2) an evaluation of the effectiveness of the System, including an evaluation of progress made by the Council to achieve the goals identified under the System Plan;
(3) the identification of Federal and non-Federal assets as determined by the Council that have been integrated into the System, including assets essential to the gathering of required observation data variables necessary to meet the respective missions of Council agencies;
(4) a review of procurements, planned or initiated, by each department or agency represented on the Council to enhance, expand, or modernize the observation capabilities and data products provided by the System, including data management and communication subsystems;
(5) a summary of the existing gaps in observation infrastructure and monitoring data collection, including—
(A) priorities considered by the System advisory committee;
(B) the national sea surface current mapping network;
(C) coastal buoys;
(D) ocean chemistry monitoring;
(E) marine sound monitoring; and
(F) unmanned maritime systems technology gaps;
(6) an assessment regarding activities to integrate Federal and non-Federal assets, nationally and on the regional level, and discussion of the performance and effectiveness of regional coastal observing systems to coordinate regional observation operations;
(7) a description of benefits of the program to users of data products resulting from the System (including the general public, industries, scientists, resource managers, emergency responders, policy makers, and educators);
(8) recommendations, if any, concerning—
(A) modifications to the System; and
(B) funding levels for the System in subsequent fiscal years; and
(9) the results of a periodic external independent programmatic audit of the System.
(Pub. L. 111–11, title XII, § 12307, Mar. 30, 2009, 123 Stat. 1435; Pub. L. 116–271, title I, § 105, Dec. 31, 2020, 134 Stat. 3339.)
heading: Editorial Notes
heading: Amendments
text: 2020—Pub. L. 116–271 amended section generally. Prior to amendment, section required that no later than 2 years after March 30, 2009, and every 2 years thereafter, the Administrator was to prepare and the President acting through the Council was to approve and transmit to Congress a report on progress made in implementing this chapter.
33 U.S.C. § 3607 (NAVIGATION AND NAVIGABLE WATERS)
§ 3607. Public-private use policy
The Council shall maintain a policy that defines processes for making decisions about the roles of the Federal Government, the States, regional coastal observing systems, the academic community, and the private sector in providing to end-user communities environmental information, products, technologies, and services related to the System. The Administrator shall ensure that the National Oceanic and Atmospheric Administration adheres to the decision making process developed by the Council regarding the roles of the Federal Government, the States, the regional coastal observing systems, the academic community, and the private sector in providing end-user communities environmental information, data products, technologies, and services related to the System.
(Pub. L. 111–11, title XII, § 12308, Mar. 30, 2009, 123 Stat. 1435; Pub. L. 116–271, title I, § 106, Dec. 31, 2020, 134 Stat. 3340.)
heading: Editorial Notes
heading: Amendments
text: 2020—Pub. L. 116–271 amended section generally. Prior to amendment, section required the Council to develop a public-private use policy within 6 months after March 30, 2009.
33 U.S.C. § 3608 (NAVIGATION AND NAVIGABLE WATERS)
§ 3608. Repealed. Pub. L. 116–271, title I, § 107(a), Dec. 31, 2020, 134 Stat. 3341
text: Section, Pub. L. 111–11, title XII, § 12309, Mar. 30, 2009, 123 Stat. 1436, related to independent cost estimates to be sent to Congress within 1 year after March 30, 2009.
33 U.S.C. § 3610 (NAVIGATION AND NAVIGABLE WATERS)
§ 3610. Authorization of appropriations
There are authorized to be appropriated to the Secretary of Commerce to support the integrated oceans observations under this chapter—
(1) $48,000,000 for fiscal year 2021;
(2) $50,000,000 for fiscal year 2022;
(3) $52,000,000 for fiscal year 2023;
(4) $54,000,000 for fiscal year 2024; and
(5) $56,000,000 for fiscal year 2025.
(Pub. L. 111–11, title XII, § 12311, Mar. 30, 2009, 123 Stat. 1436; Pub. L. 116–271, title I, § 108, Dec. 31, 2020, 134 Stat. 3341.)
heading: Editorial Notes
heading: Amendments
text: 2020—Pub. L. 116–271 amended section generally. Prior to amendment, section related to authorization of appropriations for fiscal years 2009 to 2013.
33 U.S.C. § 3701 (NAVIGATION AND NAVIGABLE WATERS)
§ 3701. Purposes
(a) Purposes
The purposes of this chapter are to provide for—
(1) development and coordination of a comprehensive interagency plan to—
(A) monitor and conduct research on the processes and consequences of ocean acidification on marine organisms and ecosystems; and
(B) establish an interagency research and monitoring program on ocean acidification;
(2) establishment of an ocean acidification program within the National Oceanic and Atmospheric Administration;
(3) assessment and consideration of regional and national ecosystem and socioeconomic impacts of increased ocean acidification; and
(4) research adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification.
(Pub. L. 111–11, title XII, § 12402, Mar. 30, 2009, 123 Stat. 1436.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 111–11, title XII, § 12401, Mar. 30, 2009, 123 Stat. 1436, provided that: “This subtitle [subtitle D (§§ 12401–12409) of title XII of Pub. L. 111–11, enacting this chapter] may be cited as the ‘Federal Ocean Acidification Research And Monitoring Act of 2009’ or the ‘FOARAM Act’.”
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, observation, and monitoring of ocean acidification and its impacts, including—
(1) impacts on marine organisms, including species cultured for aquaculture, and marine ecosystems;
(2) impacts on ocean, coastal, and estuarine biogeochemistry;
(3) the development of methodologies and technologies to evaluate ocean acidification and its impacts; and
(4) impacts of multiple stressors on ecosystems exhibiting hypoxia, harmful algal blooms, or sediment delivery, combined with changes in ocean chemistry.
(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; Pub. L. 116–271, title I, § 112, Dec. 31, 2020, 134 Stat. 3344.)
heading: Editorial Notes
heading: Amendments
text: 2020—Subsec. (a). Pub. L. 116–271 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “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.”
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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. § 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: Editorial Notes
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. § 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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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.