Title 33 — Navigation and Navigable Waters
Chapter 33 — Prevention of Pollution from Ships
§ 1909. MARPOL Protocol; proposed amendments
Statutory text
Acceptance of certain amendments by the President
A proposed amendment to the MARPOL Protocol received by the United States from the Secretary-General of the International Maritime Organization pursuant to Article VI of the MARPOL Protocol, may be accepted on behalf of the United States by the President following the advice and consent of the Senate, except as provided for in subsection (b) of this section.
Action on certain amendments by the Secretary of State
A proposed amendment to Annex I, II, V, or VI to the Convention, appendices to those Annexes, or Protocol I of the Convention received by the United States from the Secretary-General of the International Maritime Organization pursuant to Article VI of the MARPOL Protocol, may be the subject of appropriate action on behalf of the United States by the Secretary of State following consultation with the Secretary, or the Administrator as provided for in this chapter, who shall inform the Secretary of State as to what action he considers appropriate at least 30 days prior to the expiration of the period specified in Article VI of the MARPOL Protocol during which objection may be made to any amendment received.
Declaration of nonacceptance by the Secretary of State
Following consultation with the Secretary, the Secretary of State may make a declaration that the United States does not accept an amendment proposed pursuant to Article VI of the MARPOL Protocol.
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.
Act to Prevent Pollution from Ships
Pub. L. 96–478 § 10 · 94 Stat. 2297
Enacted · 33 U.S.C. § 1909
Pub. L. 96–478, § 10, Oct. 21, 1980, 94 Stat. 2302
Source evidence
Code source credit
Pub. L. 96–478, § 10, Oct. 21, 1980, 94 Stat. 2302Enacted provision · exact public law section
Sec. 10. (a) A proposed amendment to the MARPOL Protocol received by the United States from the Secretary-General of the Inter-Governmental Maritime Consultative Organization pursuant to Article VI of the MARPOL Protocol, may be accepted on behalf of the United States by the President following the advice and consent of the Senate, except as provided for in subsection (b) of this section. (b) A proposed amendment to Annex I or II, appendices to the Annexes, or Protocol I of the MARPOL Protocol, received by the United States from the Secretary-General of the Inter-Governmental Maritime Consultative Organization pursuant to Article VI of the MARPOL Protocol, may be the subject of appropriate action on behalf of the United States by the Secretary of State following consultation with the Secretary, who shall inform the Secretary of State as to what action he considers appropriate at least 30 days prior to the expiration of the period specified in Article VI of the MARPOL Protocol during which objection may be made to any amendment received. (c) Following consultation with the Secretary, the Secretary of State may make a declaration that the United States does not accept an amendment proposed pursuant to Article VI of the MARPOL Protocol.United States-Japan Fishery Agreement Approval Act of 1987
Pub. L. 100–220 § 2106(1) · 101 Stat. 1458
Substituted · 33 U.S.C. § 1909(a)
Pub. L. 100–220, § 2106(1), substituted “International Maritime Organization” for “Inter-Governmental Maritime Consultative Organization”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–220, § 2106(1), substituted “International Maritime Organization” for “Inter-Governmental Maritime Consultative Organization”.Enacted provision · exact public law section
(1) in subsection (a), by striking “Inter-Governmental Maritime Consultative Organization” and inserting “International Maritime Organization”; andEffective date note
Amendment by Pub. L. 100–220 effective Dec. 31, 1988, the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see section 2002(a) of Pub. L. 100–220, set out as a note under section 1901 of this title.United States-Japan Fishery Agreement Approval Act of 1987
Pub. L. 100–220 § 2106(2) · 101 Stat. 1458
Substituted · 33 U.S.C. § 1909(b)
Pub. L. 100–220, § 2106(2), substituted “Annex I, II, or V to the Convention, appendices to those Annexes, or Protocol I of the Convention” for “Annex I or II, appendices to the Annexes, or Protocol I of the MARPOL Protocol,”
Substituted · 33 U.S.C. § 1909(b)
Pub. L. 100–220, § 2106(2), substituted “International Maritime Organization” for “Inter-Governmental Maritime Consultative Organization”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 100–220, § 2106(2), substituted “Annex I, II, or V to the Convention, appendices to those Annexes, or Protocol I of the Convention” for “Annex I or II, appendices to the Annexes, or Protocol I of the MARPOL Protocol,” and “International Maritime Organization” for “Inter-Governmental Maritime Consultative Organization”.Enacted provision · exact public law section
(2) in subsection (b), by striking “Annex I or II, appendices to the Annexes, or Protocol I of the MARPOL Protocol,” and inserting “Annex I, II, or V to the Convention, appendices to those Annexes, or Protocol I of the Convention”, and by striking “Inter-Governmental Maritime Consultative Organization” and inserting “International Maritime Organization”.Effective date note
Amendment by Pub. L. 100–220 effective Dec. 31, 1988, the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see section 2002(a) of Pub. L. 100–220, set out as a note under section 1901 of this title.Maritime Pollution Prevention Act of 2008
Pub. L. 110–280 § 9 · 122 Stat. 2611
Substituted · 33 U.S.C. § 1909(b)
Pub. L. 110–280 substituted “Annex I, II, V, or VI” for “Annex I, II, or V”
Inserted · 33 U.S.C. § 1909(b)
Pub. L. 110–280 inserted “or the Administrator as provided for in this chapter,” after “Secretary,”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 110–280 substituted “Annex I, II, V, or VI” for “Annex I, II, or V” and inserted “or the Administrator as provided for in this chapter,” after “Secretary,”.Enacted provision · exact public law section
SEC. 9. AMENDMENTS TO THE PROTOCOL. Section 10(b) (33 U.S.C. 1909(b)) is amended— (1) by striking “Annex I, II, or V” and inserting “Annex I, II, V, or VI”; and (2) by inserting “or the Administrator as provided for in this Act,” after “Secretary,”.
6 of 6 references resolved to an enrolled provision
Editorial Notes
Amendments1987–2008 · 2 rounds
2008
Subsec. (b). Pub. L. 110–280 substituted “Annex I, II, V, or VI” for “Annex I, II, or V” and inserted “or the Administrator as provided for in this chapter,” after “Secretary,”.
1987
Subsec. (a). Pub. L. 100–220, § 2106(1), substituted “International Maritime Organization” for “Inter-Governmental Maritime Consultative Organization”.
Subsec. (b). Pub. L. 100–220, § 2106(2), substituted “Annex I, II, or V to the Convention, appendices to those Annexes, or Protocol I of the Convention” for “Annex I or II, appendices to the Annexes, or Protocol I of the MARPOL Protocol,” and “International Maritime Organization” for “Inter-Governmental Maritime Consultative Organization”.
Statutory Notes and Related Subsidiaries
Effective Date of 1987 Amendment
Amendment by Pub. L. 100–220 effective , the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see section 2002(a) of Pub. L. 100–220, set out as a note under section 1901 of this title.
Credits
1980–2008 · 3 acts
- 1980Pub. L. 96–478, § 10, , 94 Stat. 2302
- 1987Pub. L. 100–220, title II, § 2106, , 101 Stat. 1463
- 2008Pub. L. 110–280, § 9, , 122 Stat. 2615.
Show as published
(Pub. L. 96–478, § 10, , 94 Stat. 2302; Pub. L. 100–220, title II, § 2106, , 101 Stat. 1463; Pub. L. 110–280, § 9, , 122 Stat. 2615.)