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Title 33 — Navigation and Navigable Waters

Chapter 11 — Bridges Over Navigable Waters

§ 533. Penalties for violations

Statutory text

(a)

Criminal penalties for violation

Any person who willfully fails or refuses to comply with any lawful order of the Secretary of the department in which the Coast Guard is operating or the Chief of Engineers issued under the provisions of this subchapter, or who willfully fails to comply with any specific condition imposed by the Chief of Engineers and the Secretary of the department in which the Coast Guard is operating relating to the maintenance and operation of bridges, or who willfully refuses to produce books, papers, or documents in obedience to a subpena or other lawful requirement under this subchapter, or who otherwise willfully violates any provisions of this subchapter, shall, upon conviction thereof, be punished by a fine of not to exceed $5,000 or by imprisonment for not more than one year, or by both such fine and imprisonment.

(b)

Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions

Whoever violates any provision of this subchapter, or any order issued under this subchapter, shall be liable to a civil penalty of not more than $5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and $25,000 for a violation occurring in 2008 and any year thereafter. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of the department in which the Coast Guard is operating may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty.

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. “Legislative Reorganization Act of 1946”

    Pub. L. 79–753 · 60 Stat. 812

    Enacted · 33 U.S.C. § 533

    Aug. 2, 1946, ch. 753, title V, § 510, 60 Stat. 849

    Source evidence

    Code source credit
    Aug. 2, 1946, ch. 753, title V, § 510, 60 Stat. 849

  2. Coast Guard Authorization Act of 1982

    Pub. L. 97–322 title I § 108(d) · 96 Stat. 1581

    1. Amended · 33 U.S.C. § 533

      Pub. L. 97–322 designated existing provisions as subsec. (a), made willfulness an element of the described offenses

    2. Added · 33 U.S.C. § 533

      Pub. L. 97–322 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 97–322 designated existing provisions as subsec. (a), made willfulness an element of the described offenses, and added subsec. (b).

    Enacted provision · exact public law section
    (d) Section 510 of the General Bridge Act of 1946 (60 Stat. 847; 33 U.S.C. 533) is amended— (1) by inserting “(a)” after “Sec. 510.”; (2) by striking out “who fails” each place it appears and inserting in lieu thereof “who willfully fails”, by striking out “who refuses” and inserting in lieu thereof ‘who willfully refuses”, and by striking out “otherwise violates” and inserting in lieu thereof “otherwise willfully violates”; and (3) by adding at the end thereof the following new subsection: “(b) Whoever violates any provision of this Act, or any order issued under this Act, shall be liable to a civil penalty of not more than $1,000. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of Transportation may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty.”.

  3. Pub. L. 97–449 § 2(d)(1) · 96 Stat. 2413

    Substituted · 33 U.S.C. § 533(a)

    Pub. L. 97–449 substituted “Secretary of Transportation” for “Secretary of War” wherever appearing. See Transfer of Functions note below

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–449 substituted “Secretary of Transportation” for “Secretary of War” wherever appearing. See Transfer of Functions note below.

    Enacted provision · exact public law section
    (1) Section 7 of the Act of March 4, 1915 (33 U.S.C. 471), rule 9 of section 1 of the Act of February 8, 1895 (33 U.S.C. 258), section 5 of the Act of August 18, 1894 (33 U.S.C. 499), sections 7 and 13 of the Act of June 21, 1940 (33 U.S.C. 517 and 523), the Act of August 21, 1935 (33 U.S.C. 503–507), the Act of March 23, 1906 (33 U.S.C. 491–498), and the General Bridge Act of 1946 (33 U.S.C. 525–533) are amended by striking out the words “Secretary of War” wherever they appear and substituting “Secretary of Transportation”.

  4. Pub. L. 108–293 title VI § 601(d) · 118 Stat. 1028

    Substituted · 33 U.S.C. § 533(b)

    Pub. L. 108–293 substituted “$5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and $25,000 for a violation occurring in 2008 and any year thereafter” for “$1,000”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–293 substituted “$5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and $25,000 for a violation occurring in 2008 and any year thereafter” for “$1,000”.

    Enacted provision · exact public law section
    (d) General Bridge Act of 1946.— Section 510(b) of the General Bridge Act of 1946 (33 U.S.C. 533(b)) is amended by striking “$1,000” and inserting “$5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and $25,000 for a violation occurring in 2008 and any year thereafter”.

  5. Coast Guard Authorization Act of 2015

    Pub. L. 114–120 title III § 306(b)(5)(B) · 130 Stat. 27

    Substituted · 33 U.S.C. § 533

    Pub. L. 114–120 substituted “Secretary of the department in which the Coast Guard is operating” for “Secretary of Transportation” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 114–120 substituted “Secretary of the department in which the Coast Guard is operating” for “Secretary of Transportation” wherever appearing.

    Enacted provision · exact public law section
    (B) in section 510 (33 U.S.C. 533), by striking “Secretary of Transportation” each place it appears and inserting “Secretary of the department in which the Coast Guard is operating”.

5 of 6 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1982–2016 · 4 rounds

2016

Pub. L. 114–120 substituted “Secretary of the department in which the Coast Guard is operating” for “Secretary of Transportation” wherever appearing.

2004

Subsec. (b). Pub. L. 108–293 substituted “$5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and $25,000 for a violation occurring in 2008 and any year thereafter” for “$1,000”.

1983

Subsec. (a). Pub. L. 97–449 substituted “Secretary of Transportation” for “Secretary of War” wherever appearing. See Transfer of Functions note below.

1982

Pub. L. 97–322 designated existing provisions as subsec. (a), made willfulness an element of the described offenses, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Transfer of Functions

Section 6(g)(6)(C) of Pub. L. 89–670 transferred functions, powers, and duties of Secretary of the Army [formerly War] and other offices and officers of Department of the Army [formerly War] under this subchapter to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States to Secretary of Transportation. Pub. L. 97–449 amended this section to reflect transfer made by section 6(g)(6)(C) of Pub. L. 89–670, and repealed section 6(g)(6)(C).

Credits

1946–2016 · 5 acts
  1. 1946Aug. 2, 1946, ch. 753, title V, § 510, 60 Stat. 849
  2. 1982Pub. L. 97–322, title I, § 108(d), , 96 Stat. 1584
  3. 1983Pub. L. 97–449, § 2(d)(1), , 96 Stat. 2440
  4. 2004Pub. L. 108–293, title VI, § 601(d), , 118 Stat. 1050
  5. 2016Pub. L. 114–120, title III, § 306(b)(5)(B), , 130 Stat. 56.
Show as published

(Aug. 2, 1946, ch. 753, title V, § 510, 60 Stat. 849; Pub. L. 97–322, title I, § 108(d), , 96 Stat. 1584; Pub. L. 97–449, § 2(d)(1), , 96 Stat. 2440; Pub. L. 108–293, title VI, § 601(d), , 118 Stat. 1050; Pub. L. 114–120, title III, § 306(b)(5)(B), , 130 Stat. 56.)

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