A bill to amend the Marine Protection, Research, and Sanctuaries Act of 1972, in order to implement the provisions of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, and for other purposes.
PL 93-254 (H.R.5450), enacted 03/22/1974

50 
PUBLIC LAW 93-253-MAR. 16, 1974 
[88 STAT. 
March 16, 1974 
[H. R. 8245] 
Reorganization 
Plan No. 2 of 
1973, amend-
ments. 
5 u s e app. 11. 
Repeals. 
Effective date. 
Public Law 93-253 
AN ACT 
To amend Reorganization Plan Numbered 2 of 1973, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That (a) Reorga-
nization Plan Numbered 2 of 1973 is amended by— 
(1) repealing section 2; 
(2) repealing section 6(b) and redesignating section 6(a) as 
section 6; and 
(3) striking "and to the Secretary of the Treasury", and "and 
to the Department of the Treasury, respectively," from section 8. 
(b) The repeals and amendments made by subsection (a) shall be 
effective as of July 1,1973. 
SEC. 2. Section 2680(h) of title 28, United States Code, is amended 
by striking out the period at the end thereof and inserting in lieu 
thereof a colon and the following: '•''Provided^ That, with regard to acts 
or omissions of investigative or law enforcement officers of the United 
States Government, the provisions of this chapter and section 1346(b) 
of this title shall apply to any claim arising, on or after the date of the 
enactment of this proviso, out of assault, battery, false imprisonment, 
false arrest, abuse of process, or malicious prosecution. For the purpose 
of this subsection, 'investigative or law enforcement officer' means any 
officer of the United States who is empowered by law to execute 
searches, to seize evidence, or to make arrests for violations of Federal 
law.". 
Approved March 16, 1974. 
Public Law 93-254 
March 22,1974 
[H. R. 5450] 
Marine Protec-
tion, Research, 
and Sanctuaries 
Act of 1972, 
amendments. 
33 u s e 1401. 
AN ACT 
33 u s e 1402. 
To amend the Marine Protection, Research, and Sanctuaries Act of 1972, in 
order to implement the provisions of the Convention on the Prevention of 
Marine Pollution by Dumping of Wastes and Other Matter, and for other 
purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Marine 
Protection, Research, and Sanctuaries Act of 1972 (86 Stat. 1052) 
is amended as follows: 
(1) Section 2 is amended by deleting the last sentence thereof and 
by adding a new subsection to read as follows: 
"(c) It is the purpose of this Act to regulate (1) the transportation 
by any person of material from the United States and, in the case of 
United States vessels, aircraft, or agencies, the transportation of 
material from a location outside the United States, when in either 
case the transportation is for the purpose of dumping the material 
into ocean waters, and (2) the dumping of material transported by 
any person from a location outside the United States, if the dumping 
occurs in the territorial sea or the contiguous zone of the United 
States.". 
(2) Section 3 is amended— 
(A) in subsection (c), by deleting "oil within the meaning of 
section 11 of the Federal Water Pollution Control Act, as 
amended (33 U.S.C. 1161), and does not mean sewagfe from vessels 
within the meaning of section 13 of such Act (33 U.S.C. 1163).", 
and inserting in lieu thereof "sewage from vessels within the 
meaning of section 312 of the Federal Water Pollution Control 
Act, as amended (33 U.S.C. 1322). Oil within the meaning of 
STAT. ] 
PUBLIC LAW 93-254-MAR. 22, 1974 
section 311 of the Federal Water Pollution Control Act, as 
amended (33 U.S.C. 1321), shall be included only to the extent 
that such oil is taken on board a vessel or aircraft for the purpose 
of dumping."; 
(B) in subsection (f), by deleting "(33 U.S.C. 1151-1175)", 
and inserting in lieu thereof "(33 U.S.C. 1251-1376)"; and 
(C) by adding a new subsection to read as follows: 
"(1) 'Convention' means the Convention on the Prevention of 
Marine Pollution by Dumping of Wastes and Other Matter.". 
(3) Section 101 is amended to read as follows: 
"(a) Except as may be authorized by a permit issued pursuant to 
section 102 or section 103 of this title, and subject to regulations issued 
pursuant to section 108 of this title, 
" (1) no person shall transport from the United States, and 
"(2) in the case of a vessel or aircraft registered in the United 
States or flying the United States flag or in the case of a United 
States department, agency, or instrumentality, no person shall 
transport from any location 
any material for the purpose of dumping it into ocean waters. 
"(b) Except as may be authorized by a permit issued pursuant to 
section 102 of this title, and subject to regulations issued pursuant to 
section 108 of this title, no person shall dump any material transported 
from a location outside the United States (1) into the territorial sea of 
the United States, or (2) into a zone contiguous to the territorial sea 
of the United States, extending to a line twelve nautical miles seaward 
from the base line from which the breadth of the territorial sea is 
measured, to the extent that it may affect the territorial sea or the 
territory of the United States.". 
(4) Section 102 is amended— 
(A) in subsection (a) — 
(i) by deleting the words "as provided for in section 101 
of this title," and inserting in lieu thereof the words "for 
which no permit may be issued,"; 
(ii) by adding, after the phrase "instrumentality of the 
United States,", the words "or in the case of a vessel or 
aircraft registered in the United States or flying the United 
States flag,"; and 
(iii) by adding at the end of the subsection the following 
sentence: "To the extent that he may do so without relaxing 
the requirements of this title, the Administrator, in estab-
lishing or revising such criteria, shall apply the standards 
and criteria binding upon the United States under the Con-
vention, including its Annexes." 
(B) by adding a new subsection to read as follows: 
" (e) In the case of transportation of material, by a vessel or aircraft 
registered in the United States or flying the United States flag, from 
a location in a foreign State Party to the Convention, a permit issued 
pursuant to the authority of that foreign State Party, in accordance 
with Convention requirements, and which otherwise could have been 
issued pursuant to subsection (a) hereof, shall be accepted, for the 
purposes of this title, as if it were issued by the Administrator under 
the authority of this section.". 
SEC. 2. The amendments made by subparagraph 1(4) (A) (iii) and 
paragraph 1(4) (B) of this Act shall become effective on the date 
that the Convention on the Prevention of Marine Pollution by Dump-
ing of Wastes and Other Matters enters into force for the United 
States. In all other respects, this Act shall become effective on the 
date of enactment. 
Approved March 22, 1974. 
'Convention. 
Prohibited actsi. 
33 u s e 1411. 
33 use 1412, 
1413. 
33 u s e 1418. 
33 u s e 1412. 
Effective datesi 
33 use 1412 
note. 
33 use 1401 
note.