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§ 1913. —  Compliance reports.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 33USC1913]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
             CHAPTER 33--PREVENTION OF POLLUTION FROM SHIPS
 
Sec. 1913. Compliance reports


(a) In general

    Within 1 year after the effective date of this section, and 
triennially thereafter, the Secretary 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 
regarding compliance with Annex V to the International Convention for 
the Prevention of Pollution 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 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.).

(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 report to the Congress 
describing--
        (1) the technical and operational impediments to achieving that 
    compliance;
        (2) an alternative schedule for achieving that compliance as 
    rapidly as is technologically feasible;
        (3) the ships operated or contracted for operation 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) of this 
section, the Congress shall modify the applicability of Annex V to ships 
referred to in section 3(b)(1)(A) of the Act to Prevent Pollution 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, Sec. 2201, Dec. 29, 1987, 101 Stat. 1464; 
Pub. L. 104-66, title I, Sec. 1121(c), Dec. 21, 1995, 109 Stat. 724; 
Pub. L. 104-324, title VIII, Sec. 802(a), Oct. 19, 1996, 110 Stat. 
3944.)

                       References in Text

    For effective date of this section, referred to in subsecs. (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, as amended, which is 
classified principally to this chapter (Sec. 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 Approval 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 period of 6 
years'' after ``triennially thereafter'' and inserted ``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 ``triennially'' for 
``biennially''.

                          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 relating 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 Security, and the Department of 
Homeland Security Reorganization Plan of November 25, 2002, as modified, 
set out as a note under section 542 of Title 6.

                  Section Referred to in Other Sections

    This section is referred to in section 1914 of this title.



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