§ 2714. Designation of source and advertisement

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. 1990

   Oil Pollution Act of 1990

   Pub. L. 101–380 title I § 1014 · 104 Stat. 484

   Enacted · 33 U.S.C. § 2714

   Pub. L. 101–380, title I, § 1014, Aug. 18, 1990, 104 Stat. 501

   Source evidence

   Code source credit
   Pub. L. 101–380, title I, § 1014, Aug. 18, 1990, 104 Stat. 501

   Enacted provision · exact public law section
   SEC. 1014. DESIGNATION OF SOURCE AND ADVERTISEMENT. (a) Designation of Source and Notification.— When the President receives information of an incident, the President shall, where possible and appropriate, designate the source or sources of the discharge or threat. If a designated source is a vessel or a facility, the President shall immediately notify the responsible party and the guarantor, if known, of that designation. (b) Advertisement by Responsible Party or Guarantor.— If a responsible party or guarantor fails to inform the President, within 5 days after receiving notification of a designation under subsection (a), of the party’s or the guarantor’s denial of the designation, such party or guarantor shall advertise the designation and the procedures by which claims may be presented, in accordance with regulations promulgated by the President. Advertisement under the preceding sentence shall begin no later than 15 days after the date of the designation made under subsection (a). If advertisement is not otherwise made in accordance with this subsection, the President shall promptly and at the expense of the responsible party or the guarantor involved, advertise the designation and the procedures by which claims may be presented to the responsible party or guarantor. Advertisement under this subsection shall continue for a period of no less than 30 days. (c) Advertisement by President.— If— (1) the responsible party and the guarantor both deny a designation within 5 days after receiving notification of a designation under subsection (a), (2) the source of the discharge or threat was a public vessel, or (3) the President is unable to designate the source or sources of the discharge or threat under subsection (a), the President shall advertise or otherwise notify potential claimants of the procedures by which claims may be presented to the Fund.

2. 1996

   Coast Guard Authorization Act of 1996

   Pub. L. 104–324 title XI § 1142(c) · 110 Stat. 3901

   1. Amended · 33 U.S.C. § 2714(b)

      Pub. L. 104–324 designated existing provisions as par. (1)

   2. Added · 33 U.S.C. § 2714(b)

      Pub. L. 104–324 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–324 designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (c) Advertisement.— Section 1014(b) of the Oil Pollution Act of 1990 (33 U.S.C. 2714(b)) is amended— (1) by inserting “(1)” before “If”; and (2) by adding at the end the following new paragraph: “(2) An advertisement under paragraph (1) shall state that a claimant may present a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled and that payment of such a claim shall not preclude recovery for damages not reflected in the paid or settled partial claim.”.

3 of 3 references resolved to an enrolled provision