§ 1904. Certificates

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Act to Prevent Pollution from Ships

   Pub. L. 96–478 § 5 · 94 Stat. 2297

   Enacted · 33 U.S.C. § 1904

   Pub. L. 96–478, § 5, Oct. 21, 1980, 94 Stat. 2298

   Source evidence

   Code source credit
   Pub. L. 96–478, § 5, Oct. 21, 1980, 94 Stat. 2298

   Enacted provision · exact public law section
   Sec. 5. (a) The Secretary shall designate those persons authorized to issue on behalf of the United States the certificates required by the MARPOL Protocol. A certificate required by the MARPOL Protocol shall not be issued to a ship which is registered in or of the nationality of a country which is not a party to the MARPOL Protocol. (b) A certificate issued by a country which is a party to the MARPOL Protocol has the same validity as a certificate issued by the Secretary under the authority of the MARPOL Protocol. (c) A ship required by the MARPOL Protocol to have a certificate— (1) shall carry a valid certificate onboard in the manner prescribed by the authority issuing the certificate; and (2) is subject to inspection while in a port or terminal under the jurisdiction of the United States. (d) An inspection conducted under subsection (c)(2) of this section is limited to verifying whether or not a valid certificate is onboard, unless clear grounds exist which reasonably indicate that the condition of the ship or its equipment does not substantially agree with the particulars of its certificate. This section shall not limit the authority of any official or employee of the United States under any other treaty, law, or regulation to board and inspect a ship or its equipment. (e) In addition to the penalties prescribed in section 9 of the Act, a ship required by the MARPOL Protocol to have a certificate— (1) which does not have a valid certificate onboard; or (2) whose condition or whose equipment’s condition does not substantially agree with the particulars of the certificate on-board; shall be detained by order of the Secretary at the port or terminal where the violation is discovered until, in the opinion of the Secretary, the ship can proceed to sea without presenting an unreasonable threat of harm to the marine environment. The detention order may authorize the ship to proceed to the nearest appropriate available shipyard rather than remaining at the place where the violation was discovered. (f) If a ship is under a detention order under this section, the Secretary of the Treasury, upon the request of the Secretary, may refuse or revoke— (1) the clearance required by section 4197 of the Revised Statutes of the United States, as amended (46 U.S.C. 91); or (2) a permit to proceed under section 4367 of the Revised Statutes of the United States (46 U.S.C. 313) or section 442 of the Tariff Act of 1930, as amended (19 U.S.C. 1443). 19 USC 1442. Detention order review. (g) A person whose ship is subject to a detention order under this section may petition the Secretary, in the manner prescribed by regulation, to review the detention order. Upon receipt of a petition under this subsection, the Secretary shall affirm, modify, or withdraw the detention order within the time prescribed by regulation. (h) A ship unreasonably detained or delayed by the Secretary Compensation for loss or damage. acting under the authority of this Act is entitled to compensation for any loss or damage suffered thereby.

2. 2008

   Maritime Pollution Prevention Act of 2008

   Pub. L. 110–280 § 6(1) · 122 Stat. 2611

   Substituted · 33 U.S.C. § 1904(a)

   Pub. L. 110–280, § 6(1), substituted “Except as provided in section 1903(b)(1) of this title, the Secretary” for “The Secretary”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–280, § 6(1), substituted “Except as provided in section 1903(b)(1) of this title, the Secretary” for “The Secretary”.

   Enacted provision · exact public law section
   (1) in subsection (a) by striking “The Secretary” and inserting “Except as provided in section 4(b)(1), the Secretary”;

3. 2008

   Maritime Pollution Prevention Act of 2008

   Pub. L. 110–280 § 6(2) · 122 Stat. 2611

   Substituted · 33 U.S.C. § 1904(b)

   Pub. L. 110–280, § 6(2), substituted “Secretary or the Administrator under the authority of this chapter.” for “Secretary under the authority of the MARPOL Protocol.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 110–280, § 6(2), substituted “Secretary or the Administrator under the authority of this chapter.” for “Secretary under the authority of the MARPOL Protocol.”

   Enacted provision · exact public law section
   (2) in subsection (b) by striking “Secretary under the authority of the MARPOL protocol.” and inserting “Secretary or the Administrator under the authority of this Act.”; and

4. 2008

   Maritime Pollution Prevention Act of 2008

   Pub. L. 110–280 § 6(3) · 122 Stat. 2611

   Substituted · 33 U.S.C. § 1904(e)

   Pub. L. 110–280, § 6(3), substituted “environment or the public health and welfare.” for “environment.” in concluding provisions

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 110–280, § 6(3), substituted “environment or the public health and welfare.” for “environment.” in concluding provisions.

   Enacted provision · exact public law section
   (3) in subsection (e) by striking “environment.” and inserting “environment or the public health and welfare.”.

5. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. C title XXXV § 3548(c) · 132 Stat. 1636

   Amended · 33 U.S.C. § 1904(f)

   Pub. L. 115–232 amended subsec. (f) generally. Prior to amendment, subsec. (f) related to refusal or revocation of ship clearance or permits

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 115–232 amended subsec. (f) generally. Prior to amendment, subsec. (f) related to refusal or revocation of ship clearance or permits.

   Enacted provision · exact public law section
   (c) Section 5(f) of the Act to Prevent Pollution from Ships (33 U.S.C. 1904(f)) is amended to read as follows: “(f) Ship Clearance; Refusal or Revocation.— If a ship is under a detention order under this section, the Secretary may refuse or revoke the clearance required by section 60105 of title 46, United States Code.” .

5 of 5 references resolved to an enrolled provision