42 U.S.C. § 9153 — Enforcement
submitted 46 years ago by Pub. L. 96-320 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 678 words · no verdicts yet
The Administrator generally enforces this chapter, while the Coast Guard’s Secretary handles safety-at-sea enforcement. Authorized officers may inspect, search, arrest, seize, execute process, and use other lawful authority; federal district courts have the stated jurisdiction and venue.
(a) The Administrator* generally enforces this chapter unless another section assigns enforcement. The Secretary* of the department containing the Coast Guard exclusively handles enforcement affecting safety of life and property at sea, performs other vessel-enforcement duties authorized by law, and may assist at the Administrator’s specific request. The two officials may agree to use other agencies’ personnel, services, equipment, aircraft, vessels, and facilities, with or without reimbursement, and may authorize other agencies’ officers or employees to assist under subsection (b). They may issue regulations jointly or separately as needed. (b) An officer authorized by either official may: (1) enter, board, and inspect a covered facility, plantship, or vessel; (2) search a vessel on reasonable cause to believe it was used in a violation; (3) arrest a person covered by section 9151 on reasonable cause to believe the person committed an offense prohibited by sections 9151 and 9152(d); (4) seize a vessel and its gear, furniture, attached equipment, stores, and cargo used in, or apparently used in, a violation when needed to prevent evasion; (5) seize evidence of a violation; (6) execute a warrant or other process from a court with jurisdiction; and (7) use any other lawful authority. (c) Except as section 9125 provides otherwise, United States district courts have exclusive original jurisdiction over cases or controversies under this chapter. Unless this chapter provides otherwise, venue is in the district where, or nearest to where, the cause arose, or where a defendant resides, may be found, or has its principal office. For Guam and United States Pacific Commonwealths, territories, or possessions, the proper court is the District of Guam; for American Samoa, it is the District of Hawaii. Such a court may at any time (1) issue restraining orders or prohibitions, (2) issue warrants, in-rem process, or other process, (3) set and accept satisfactory bonds or other security, and (4) take other actions in the interest of justice. (d) For this section, “vessel” includes an ocean thermal energy conversion facility or plantship. “Provisions of this chapter” includes rules, regulations, and orders under it and license terms and conditions.
Except where a specific section of this chapter designates enforcement responsibility, the provisions of this chapter shall be enforced by the Administrator. The Secretary* of the department in which the Coast Guard is operating shall have exclusive responsibility for enforcement measures which affect the safety of life and property at sea, shall exercise such other enforcement responsibilities with respect to vessels subject to the provisions of this chapter as are authorized under other provisions of law, and may, upon the specific request of the Administrator, assist the Administrator in the enforcement of any provision of this chapter. The Administrator and the Secretary of the department in which the Coast Guard is operating may, by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment, including aircraft and vessels, and facilities of any other Federal agency or department, and may authorize officers or employees of other departments or agencies to provide assistance as necessary in carrying out subsection (b) of this section. The Administrator and the Secretary of the department in which the Coast Guard is operating may issue regulations jointly or severally as may be necessary and appropriate to carry out their duties under this section.
To enforce the provisions of this chapter in or on board any ocean thermal energy conversion facility or plantship or any vessel subject to the provisions of this chapter, any officer who is authorized by the Administrator or the Secretary of the department in which the Coast Guard is operating may—
enter or board, and inspect, any ocean thermal energy conversion facility or plantship or any vessel which is subject to the provisions of this chapter;
search the vessel if the officer has reasonable cause to believe that the vessel has been used or employed in the violation of any provision of this chapter;
arrest any person subject to section 9151 of this title if the officer has reasonable cause to believe that the person has committed a criminal act prohibited by sections 9151 and 9152(d) of this title;
seize the vessel together with its gear, furniture, appurtenances, stores, and cargo, used or employed in, or with respect to which it reasonably appears that such vessel was used or employed in, the violation of any provision of this chapter if such seizure is necessary to prevent evasion of the enforcement of this chapter;
seize any evidence related to any violation of any provision of this chapter;
execute any warrant or other process issued by any court of competent jurisdiction; and
exercise any other lawful authority.
Except as otherwise specified in section 9125 of this title, the district courts of the United States shall have exclusive original jurisdiction over any case or controversy arising under the provisions of this chapter. Except as otherwise specified in this chapter, venue shall lie in any district wherein, or nearest to which, the cause of action arose, or wherein any defendant resides, may be found, or has his principal office. In the case of Guam, and any Commonwealth, territory, or possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Guam, except that in the case of American Samoa, the appropriate court is the United States District Court for the District of Hawaii. Any such court may, at any time—
enter restraining orders or prohibitions;
issue warrants, process in rem, or other process;
prescribe and accept satisfactory bonds or other security; and
take such other actions as are in the interest of justice.
For the purposes of this section, the term “vessel” includes an ocean thermal energy conversion facility or plantship, and the term “provisions of this chapter” or “provision of this chapter” includes any rule, regulation, or order issued pursuant to this chapter and any term or condition of any license issued pursuant to this chapter.
Source credit: (Pub. L. 96–320, title III, § 303, Aug. 3, 1980, 94 Stat. 996; Pub. L. 98–623, title VI, § 602(a)(10), Nov. 8, 1984, 98 Stat. 3411.)
- 1980Enacted · Pub. L. 96-320 · 94 Stat. 996
- 1984Amended · Pub. L. 98-623 · 98 Stat. 3411
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-320 on 1980-08-03.
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