U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

59–010 

" ! SENATE 

114TH CONGRESS

1st Session 

REPORT

2015

114–168 

Calendar No. 302 

COAST GUARD AUTHORIZATION ACT OF 2015 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1611 

NOVEMBER 30, 2015.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS

FIRST SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri 

KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii 

JERRY MORAN, Kansas ED MARKEY, Massachusetts 

DAN SULLIVAN, Alaska CORY BOOKER, New Jersey 

RON JOHNSON, Wisconsin TOM UDALL, New Mexico 

DEAN HELLER, Nevada JOE MANCHIN, West Virginia 

CORY GARDNER, Colorado GARY PETERS, Michigan 

STEVE DAINES, Montana 

DAVID SCHWIETERT, Staff Director 

NICK ROSSI, Deputy Staff Director 

REBECCA SEIDEL, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel 


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Calendar No. 302 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–168 

COAST GUARD AUTHORIZATION ACT OF 2015 

NOVEMBER 30, 2015.—Ordered to be printed 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1611] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1611) to authorize appropriations for 

the U.S. Coast Guard for fiscal years 2016 and 2017, and for other 

purposes, having considered the same, reports favorably thereon 

with an amendment (in the nature of a substitute) and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of this legislation is to authorize appropriations for 

the U.S. Coast Guard (USCG) and the Federal Maritime Commission (FMC) for fiscal years (FYs) 2016 and 2017, and for other purposes. 

BACKGROUND AND NEEDS

The USCG operates simultaneously under title 10 of the United 

States Code (relating to the Armed Forces) and title 14 of the 

United States Code (relating to the USCG), and numerous other 

authorities (including authorities under titles 6, 19, 33, and 46 of 

the United States Code). Its legal authorities enable the USCG to 

conduct military operations in support of the Department of Defense (DOD) or directly for the President in accordance with title 

14. Further, the USCG can be transferred to the Department of the 

Navy by the President at any time or by Congress during time of 

war. In 2003, the USCG was transferred from the Department of 

Transportation (DOT) to the Department of Homeland Security 

(DHS). As such, the USCG is the only U.S. military service that is 

situated outside the DOD. 

The USCG is composed of approximately 40,000 active-duty 

members, 7,500 reservists, 8,000 full-time civilian employees, and 


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1 United States Coast Guard Western Hemisphere Strategy, September, 2014, available at 

http://www.uscg.mil/seniorleadership/docs/uscglwheml2014.pdf. 2 Homeland Security Act of 2002, H.R. 5005, 107th Congress, Section 888 (2002). 

3 United States Coast Guard, Commandant’s Direction, 2014, retrieved from http:// 

www.uscg.mil/seniorleadership/DOCS/CCGlDirectionl2014.pdf. 4 USCG Western Hemisphere Strategy. 

30,000 volunteer auxiliarists. The USCG is tasked with providing 

maritime security, law enforcement, and prevention and response 

activities for more than 4.5 million square miles of ocean, 95,000 

miles of coastline, 26,000 miles of commercial waterways, 361 

ports, 3,700 marine terminals, and 25,000 miles of inland and 

coastal waterways—this is the largest system of ports, waterways, 

and coastal seas in the world.1 It is unique among the military 

branches for having a maritime law enforcement mission, with jurisdiction in both domestic and international waters, while also 

serving as a Federal regulatory agency as part of its mission set. 

The USCG’s 11 statutory missions can be broken down into two 

categories.2 Its homeland security missions include: (1) ports, waterways, and coastal security; (2) drug interdiction; (3) migrant 

interdiction; (4) defense readiness; and (5) other law enforcement. 

Its non-homeland security missions are: (1) marine safety; (2) 

search and rescue; (3) aids to navigation; (4) living marine resources; (5) marine environmental protection; and (6) ice operations. In addition, the USCG has been called upon in recent years 

to support the DOD’s overseas contingency operations, such as 

counter-piracy operations off the Horn of Africa, and the protection 

of petroleum pipelines and shipping lanes in the Persian Gulf. Six 

USCG cutters and associated support staff have been deployed to 

the Persian Gulf since 2003 working in support of DOD combatant 

commanders. 

In 2014, the Commandant of the USCG (Commandant) stated 

that the USCG’s mission demands were on the rise.3 Increasing activity in the Arctic and the destabilizing impacts of violence, corruption, terrorism, and drug trafficking in the Caribbean Basin, 

Central America, and Mexico continue to test the USCG’s current 

capabilities.4 In order to meet these challenges, the USCG is in the 

midst of a major asset recapitalization that began in 2002. This effort will modernize the USCG’s ships, boats, aircraft, and command, control, communication, computers, intelligence, surveillance 

and reconnaissance systems. 

MISSION PERFORMANCE 

The Coast Guard Authorization Act of 2015 authorizes $8.7 billion in discretionary funds for the USCG for each of FYs 2016 and 

2017. These funds would support USCG operations and priorities, 

including those highlighted in the following paragraphs. 

MARITIME LAW ENFORCEMENT

During 2014, the USCG interdicted 140 metric tons of narcotics, 

with an estimated street value of $3 billion; detained more than 

340 suspected smugglers for prosecution in the United States; and 

interdicted 3,587 migrants, including 1,103 from Haiti and 2,111 

from Cuba. In addition, the USCG boarded 69 foreign vessels to enVerDate Sep 11 2014 01:22 Dec 05, 2015 Jkt 059010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR168.XXX SR168

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5 United States Coast Guard, 2014 Performance Highlights, retrieved from http:// 

www.uscg.mil/budget/docs/2016lBudgetlinlBrief.pdf. 6 Ibid. 

7 Ibid. 

8 USCG Western Hemisphere Strategy. 

9 USCG, 2014 Performance Highlights. 

force laws prohibiting illegal, unregulated, and underreported fishing.5

MARITIME RESPONSE

In 2014, the USCG executed more than 17,500 search and rescue 

missions and saved 3,443 lives.6 In addition, the USCG is the principal Federal maritime security coordinator and Federal on-scene 

commander for maritime incidents. As such, it is responsible for coordinating the response to hazardous material spills into navigable 

waters and spills of national significance, such as the response and 

subsequent clean up following an oil tank barge collision that released nearly 170,000 gallons of oil into Galveston Bay, Texas in 

2014. 

MARITIME PREVENTION

The USCG inspected more than 12,500 U.S. flagged commercial 

vessels and conducted approximately 43,700 recreational vessel 

boardings during 2014. It also screened over 25,300 containers and 

identified more than 2,000 deficiencies aboard commercial vessels. 

As a result, a number of shipments were held until dangerous conditions were corrected. The USCG also inspected 3,600 marine facilities to ensure compliance with safety and environmental protection regulations and investigated over 5,800 reportable marine casualties involving commercial vessels.7

WESTERN HEMISPHERE STRATEGY

In 2014, the USCG released its Western Hemisphere Strategy 

that identified three of the USCG’s priorities over the coming decade: combating networks, securing borders, and safeguarding commerce. This strategy includes proactive engagement with domestic 

and international partners and stakeholders in order to defeat 

transnational organized crime networks, which may be responsible 

for more than $750 billion in losses per year to the global economy.8 This effort will require an effective offshore interdiction capability, supported by the continued modernization of the USCG’s 

operational assets, particularly, its fleet of aging cutters. 

MAJOR ASSET RECAPITALIZATION 

The Coast Guard Authorization Act of 2015 authorizes $1.5 billion for the funding of acquisition, construction, and improvement 

(AC&I) related activities for the USCG for each of FYs 2016 and 

2017. The USCG’s FY 2016 budget request included $1.02 billion 

for AC&I of USCG assets and facilities, a nearly 17 percent decrease from the FY 2015 enacted budget. Of this amount, $533.9 

million is for vessels and ongoing fleet recapitalization and in-service vessel sustainment projects. This is a decrease of over 35 percent, or nearly $300 million.9 Budget pressures, particularly with 


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10 Congressional Research Service, Coast Guard Cutter Procurement: Background and Issues 

for Congress. March 26, 2015. Retrieved from http://www.crs.gov/pdfloader/R42567. 11 U.S. Congress. Subcommittee on Coast Guard and Maritime Transportation hearing. ‘‘President’s Fiscal Year 2016 Budget Request for Coast Guard and Maritime Transportation Programs.’’ (Date 2/25/15). Retrieved from http://www.dhs.gov/news/2015/02/25/written-testimonyuscg-commandant-house-transportation-and-infrastructure. 12 Jordan, Bryant. 2015, April. Coast Guard Can Respond to 20 Percent of Known Illegal Drug 

Shipments. Retrieved from http://www.military.com/daily-news/2015/04/15/coast-guard-can-respond-to-20-percent-of-known-illegal-drug.html. 13Department of Homeland Security, Annual Review of the United States Coast Guard’s Mission Performance (FY 2013), 2014. Retrieved from http://www.oig.dhs.gov/assets/Mgmt/2014/ 

OIGl14-140lSep14.pdf. 14 Coast Guard Cutter Procurement: Background and Issues for Congress. 15 Ibid. 16 Eckstein, Megan, U.S. Naval Institute. 2015, March. Commandant Zukunft: Coast Guard’s 

Offshore Patrol Cutter Underfunded by $69 Million. Retrieved from http://news.usni.org/2015/ 

03/24/commandant-zukunft-coast-guards-offshore-patrol-cutter-underfunded-by-69m. 

respect to the funding of USCG acquisitions, have slowed the 

USCG’s efforts to upgrade its assets and infrastructure. 

Many of the USCG’s cutters are operating beyond their planned 

service life and are ‘‘manpower-intensive and increasingly expensive to maintain, and have features that in some cases are not optimal for performing their assigned missions.’’10 The average age of 

the USCG’s medium endurance cutters, ‘‘the backbone of the offshore fleet,’’ is almost 50 years.11 In 2014, as a result of significant 

mechanical malfunctions, four cutters headed to sea in support of 

the USCG’s counter-drug mission were forced to return to port for 

emergency dry-docking.12 The USCG’s high endurance cutters have 

been in service since the 1960s. A 2014 DHS Inspector General report found that ‘‘the declining readiness’’ of the USCG’s high endurance cutters ‘‘continues to pose significant challenges to mission 

performance’’.13

The USCG’s fleet of 12 high-endurance cutters is being replaced 

by 8 National Security Cutters (NSC); 4 NSCs have been commissioned, and the remaining 4 are still under construction at an average cost of $684 million per ship.14 The Offshore Patrol Cutter 

(OPC), which will replace the current fleet of medium endurance 

cutters, will become the USCG’s highest priority as the NSC acquisition ends. In February 2014, 3 contracts for preliminary design 

of the OPC were awarded—25 of these vessels are planned to replace the existing fleet of 28 medium endurance cutters. Their estimated cost is $484 million per ship.15 The final design was scheduled for selection during the fourth quarter of FY 2016, but the 

USCG’s FY 2016 budget request is short the $69 million required 

to fully fund the program. The FY 2016 budget request would only 

provide $18.5 million to complete the OPCs design phase—and contains ‘‘language that would permit but not require a transfer of 

funding to the OPC program if it meets affordability requirements.’’ 16

In addition, the USCG’s only operational heavy icebreaker (HIB), 

the POLAR STAR, has exceeded its 30-year service life, and has already undergone one major service life extension program (SLEP). 

It was reactivated in 2012 following repairs that should give the 

vessel an additional seven to ten years of service. A SLEP of the 

POLAR SEA, the USCG’s other HIB, was completed in 2006, but it 

experienced a major engine casualty in 2010 and it has been inoperable ever since. The Howard Coble Coast Guard and Maritime 

Transportation Act of 2014 (P.L. 113–281; 128 Stat. 3022) included 

a provision that authorizes the USCG to conduct a SLEP of the 


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17 Congressional Research Service, Coast Guard Polar Icebreaker Modernization: Background 

and Issues for Congress. June 23, 2015. Retrieved from http://www.crs.gov/pdfloader/RL34391. 

Coast Guard Cutter POLAR SEA after it provides a business case 

analysis to Congress—that analysis was required by previous legislation enacted in 2012, the Coast Guard and Maritime Transportation Act of 2012 (P.L. 112–213; 126 Stat. 1540). Estimates on another SLEP of the Coast Guard Cutter POLAR SEA range from $100 

million to $500 million, while a new HIB may cost more than $1 

billion, and would have a tremendous impact on the USCG’s acquisitions budget.17

A major challenge to the USCG’s modernization effort continues 

to be the budget. A five year capital investment plan (CIP) for FY 

2013 included $7.6 billion. However, the agency’s five year CIP for 

FY 2014 was reduced by one third to $5.1 billion. AC&I funding 

of just over $1 billion per year will certainly slow the USCG’s recapitalization efforts and result in the continued degradation of 

overall mission performance. 

SUMMARY OF PROVISIONS

S. 1611, the Coast Guard Authorization Act of 2015, would: 

• authorize funding to support USCG acquisition priorities; 

• enhance the USCG’s maritime drug law enforcement authorities; 

• support the USCG’s execution of its Western Hemisphere 

Strategy; 

• allow the USCG to pay for the acquisition of a polar icebreaker 

using incremental funding over time, rather than full funding in a 

single year (similar incremental funding has been permitted for the 

Navy’s acquisition of larger vessels); 

• provide the USCG parity with a number of DOD authorities; 

• enhance oversight of the USCG’s acquisition-related activities; 

and 

• require the USCG to enhance training and professional development for senior level officers. 

LEGISLATIVE HISTORY

On April 28, 2015, the Subcommittee on Oceans, Atmosphere, 

Fisheries, and Coast Guard of the Committee on Commerce, 

Science, and Transportation of the Senate held a USCG oversight 

hearing to examine the USCG’s missions, priorities, and FY 2016 

budget request. 

On June 18, 2015, Senator Thune introduced S. 1611, the Coast 

Guard Authorization Act of 2015, with Senators Nelson, Rubio, and 

Booker as original cosponsors. Senators Wicker and Sullivan also 

cosponsored this legislation. 

On June 25, 2015, the Committee met in open Executive Session 

and, by a voice vote, ordered S. 1611 reported favorably with an 

amendment in the nature of a substitute. Amendments were offered by Senators Thune, Rubio, Johnson, Sullivan, Cantwell, 

Blumenthal, Markey, and Peters, all of which were accepted. 


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Changes made during the Executive Session included technical 

corrections; USCG parity with DOD authorities; inclusion of S. 373, 

the Vessel Incidental Discharge Act; authorization for the USCG 

and the National Oceanic and Atmospheric Administration to 

transfer land on the Pribilof Islands, Alaska to Native Alaskans; 

authorization of appropriations to fund pre-acquisition activities related to polar icebreakers; requirements for the USCG to report on 

the status of man overboard technology and its integration on 

cruise ships; and a requirement for the USCG to conduct an assessment on oil spill response and clean up capabilities on the Great 

Lakes. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 1611—Coast Guard Authorization Act of 2015 

Summary: S. 1611 would authorize appropriations totaling $17.5 

billion over the 2016–2017 period, for operations of the United 

States Coast Guard (USCG) and the Federal Maritime Commission 

(FMC). The bill also would amend laws that govern the activities 

of USCG, FMC, and the Maritime Administration within the Department of Transportation. Assuming appropriation of the specified amounts, CBO estimates that implementing the legislation 

would cost $16.6 billion over the 2016–2020 period. 

Because enacting this legislation would increase direct spending, 

pay-as-you-go procedures apply; however, CBO estimates that the 

effect on direct spending would be insignificant in each year and 

over the 2016–2025 period. Enacting S. 1611 would not affect revenues. 

CBO estimates that enacting the legislation would not increase 

net direct spending or on-budget deficits by more than $5 billion 

in any of the four consecutive 10-year periods beginning in 2026. 

S. 1611 contains intergovernmental mandates as defined in the 

Unfunded Mandates Reform Act (UMRA) by preempting state and 

local laws relating to ballast water and other discharges of vessels. 

Although the preemption would limit the application of state and 

local laws and regulations, CBO estimates that the bill would impose no duty on state or local governments that would result in additional spending or a loss of revenues. 

S. 1611 contains several private-sector mandates as defined in 

UMRA on manufacturers and importers of certain water treatment 

technology, manufacturers of small boats, and owners and operators of vessels. Although the incremental costs of compliance are 

uncertain, on balance, CBO expects the aggregate cost of the mandates would probably fall below the annual threshold established 

in UMRA for private-sector mandates ($154 million in 2015, adjusted for inflation). 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1611 is shown in the following table. The costs 

of this legislation fall within budget functions 050 (national defense) and 400 (transportation). 


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By fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2016–2020 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

United States Coast Guard: 

Authorization Level ...................................... 8,704 8,704 0 0 0 17,408 

Estimated Outlays ....................................... 5,761 7,225 2,098 984 520 16,588 

Federal Maritime Commission: 

Authorization Level ...................................... 25 25 0 0 0 49 

Estimated Outlays ....................................... 23 24 2 0 0 49 

Total: 

Authorization Level ............................. 8,729 8,729 0 0 0 17,458 

Estimated Outlays .............................. 5,784 7,249 2,100 984 520 16,637 

Note: Details may not sum to totals because of rounding. 

Basis of estimate: For this estimate, CBO assumes that S. 1611 

will be enacted near the end of calendar year 2015 and that the 

amounts authorized by the bill will be appropriated for each year. 

Estimated outlays are based on historical spending patterns for authorized activities. 

Changes in spending subject to appropriation 

United States Coast Guard. S. 1611 would authorize the appropriation of $8.7 billion for ongoing USCG activities for each of fiscal 

years 2016 and 2017. In 2015 the USCG received an appropriation 

of $8.4 billion. Specifically, the bill would authorize the appropriation of $17.4 billion for USCG operations including about $14 billion for operations and maintenance, $3.1 billion for capital acquisitions, $280 million for reserve training, $40 million for research 

programs, and $33 million for environmental compliance. Among 

the new USCG responsibilities in the bill, S. 1611 would direct 

USCG to: 

• Submit various reports to the Congress, including a study of 

alternative methods of notifying members of the Coast Guard 

of their monthly earnings, an assessment of oil spill response 

activities in the Great Lakes, and quarterly reports on the 

risks associated with major acquisition programs; 

• Remove certain restrictions on the use of federal funds for 

establishing a national Coast Guard museum. No funds have 

yet been appropriated for the museum; 

• Establish standards and regulations concerning incidental 

discharge of vessel ballast water; and 

• Require new congressional training courses for officers working with the Congress. 

Assuming appropriation of the amounts specified in the bill, CBO 

estimates that implementing the USCG provisions of S. 1611 would 

cost $16.6 billion over the 2016–2020 period and an additional $0.5 

billion after 2020. Historically, a small amount of the funds appropriated to the USCG remain unspent. 

Federal Maritime Commission. S. 1611 would authorize the appropriation of nearly $25 million, annually for 2016 and 2017 for 

the operations of the FMC. The agency received an appropriation 

of $26 million in 2015. The FMC regulates shipping activities in 

the United States. CBO estimates that implementing those provisions would cost $49 million over the 2016–2020 period, assuming 

appropriation of the authorized amounts. 


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Changes in direct spending 

CBO estimates that enacting four provisions of S. 1611 would in- crease total direct spending by less than $500,000 over the 2016– 

2025 period. 

Section 208 would reduce offsetting receipts (which are treated 

as increases in direct spending). The legislation would authorize 

the USCG to cancel debt owed to the federal government that was 

incurred by an officer of the Coast Guard while on active duty. 

Under current law, the USCG may waive the debt incurred by enlisted members of the Coast Guard, and the legislation would expand the eligible group to include officers. Those debts primarily 

arise from administrative overpayments. Based on information 

from the USCG, CBO estimates that enacting this provision would 

increase direct spending by an insignificant amount in every year 

and over the 2016–2025 period. 

Title V would amend how funds are distributed from the Sport 

Fish Restoration and Boating Safety Trust Fund (SFRBTF). Under 

current law, receipts from various taxes on fuel and fishing equipment are deposited in the SFRBTF and distributed for a variety of 

purposes, including conservation grants, fishery restoration, and 

boating safety. The legislation would adjust the allocation of 

amounts that could spend from the SFRBTF but would not affect 

the total amount available to be spent from the fund. CBO estimates that changing the allocation would have a negligible effect 

on spending from the fund. 

Section 217 would direct the Coast Guard to issue guidance related to the eligibility of members of the Coast Guard with combatrelated disabilities to receive special compensation. Under current 

law, that special compensation is classified as direct spending. 

Based on information provided by USCG, CBO estimates enacting 

this provision would not significantly increase the number of individuals receiving special compensation. Therefore, CBO estimates 

that enacting the provision would increase direct spending by an 

insignificant amount. 

Finally, Title VI would authorize the conveyance of a few Coast 

Guard properties in California and Alaska at either no cost or fair 

market value. Based on information from the USCG, CBO expects 

that the property conveyances authorized in S. 1611 would have no 

significant effect on the budget because the properties will not generate any receipts to the federal government through lease or sale 

under current law and because the fair market value of the properties that would be sold is less than $100,000. 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 established budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. Enacting S. 

1611 would increase direct spending. However, the net changes in 

outlays that are subject to pay-as-you-go procedures would not be 

significant. Enacting the bill would not affect revenues. 

Increase in long term direct spending and deficits: CBO estimates that enacting the legislation would not increase net direct 

spending or on-budget deficits by more than $5 billion in any of the 

four consecutive 10-year periods beginning in 2026. 

Estimated impact on state, local, and tribal governments: S. 1611 

contains intergovernmental mandates as defined in UMRA. The 

bill would preempt state and local laws relating to ballast water 


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and other discharges of vessels by establishing a national uniform 

standard and a set of best management practices. Although the 

preemption would limit the application of state and local laws and 

regulations, CBO estimates that the bill would impose no duty on 

state or local governments that would result in additional spending 

or a loss of revenues. 

Estimated impact on the private-sector: S. 1611 would impose 

several private-sector mandates as defined in UMRA. Specifically, 

the bill would: • Restrict the sale of technology to treat ballast water; • Impose safety requirements on certain vessels carrying flammable liquids; 

• Require manufacturers of small boats to use updated standards for stability and floatation tests; and 

• Accelerate requirements related to oil spill response in the 

Puget Sound. 

Although the incremental costs of compliance are uncertain, on 

balance, CBO expects the aggregate cost of the mandates would 

probably fall below the annual threshold established in UMRA for 

private-sector mandates ($154 million in 2015, adjusted for inflation). 

Regulation of ballast water treatment technology 

The bill would prohibit manufacturers and importers from selling 

certain water treatment technology unless it has been certified by 

the USCG or by a foreign entity that uses equivalent standards. 

The cost of the mandate would be the cost of obtaining certification 

and any net loss of income from forgone sales. Under current law, 

manufacturers of water treatment technology already need to obtain USCG certification because owners of vessels that use such 

technology are required to install USCG-certified technology by a 

certain date. If the certification process under the bill is very similar to the certification process conducted under current law, the incremental cost of complying with the mandate would be small. 

Regulation of vessels carrying flammable liquid cargo 

The bill would restore USCG authority to regulate tender vessels 

of not more than 500 gross tons that carry flammable cargo in 

bulk. Doing so would make such vessels subject to existing safety 

regulations. Tender vessels supply, store, or transport fish, fish 

products, or materials related to fishing or fish preparation to or 

from fishing vessels and fish processing facilities. Based on information from industry sources, CBO expects that the mandate could 

affect a few hundred vessels. The cost of the mandate is uncertain 

because CBO lacks sufficient information about the extent to which 

those vessels would already be in compliance with the safety regulations and about the cost to achieve compliance. However, based 

on information about the size of the industry, the average value of 

gross profits, and the costs of complying with similar requirements, 

CBO expects the cost of this mandate would not be substantial. 

Requirements for stability and floatation tests 

The bill also would impose a mandate on manufacturers of small 

boats by requiring those manufacturers to use updated engine 

weights when conducting stability and floatation tests. The standVerDate Sep 11 2014 01:22 Dec 05, 2015 Jkt 059010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\SR168.XXX SR168

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ard required by the bill would reflect a voluntary industry standard. According to information from industry experts, most small 

boats sold in the United States have passed the stability and floatation tests that use the updated engine weights. Consequently, 

CBO expects the cost to comply with this mandate would be small. 

Acceleration of oil spill response requirements 

The bill would impose a mandate by accelerating requirements 

related to oil spill response in the Puget Sound. Current law requires USCG to conduct a rulemaking that would modify the definition of the ‘‘higher volume port area’’ to move the western boundary of the higher volume port area in the Strait of Juan de Fuca. 

Modifying the definition will expand the area covered by various 

federal oil spill response regulations. The bill would codify the 

modified definitions and make any requirements related to oil spill 

response applicable on the date the bill is enacted. By doing so, the 

bill would require owners and operators of some vessels to comply 

with requirements related to oil spill responses earlier than currently anticipated. Based on information from the USCG rulemaking, CBO anticipates that any additional cost to comply with 

those requirements sooner than under current law would be small. 

Previous CBO estimate: On May 14, 2015, CBO transmitted a 

cost estimate for H.R. 1987, the Coast Guard Authorization Act, as 

ordered reported by the House Committee on Transportation and 

Infrastructure on April 30, 2015. The two bills contain multiple 

similar provisions, including several land conveyances and the 

waiver of debt incurred by officers of the Coast Guard. Those provisions are similar, and CBO’s estimate of the budgetary effects are 

the same. 

On April 6, 2015, CBO transmitted a cost estimate for S. 834, the 

Sport Fish Restoration and Recreational Boating Safety Act, as ordered reported by the Senate Committee on Commerce, Science, 

and Transportation on March 25, 2015. S. 834 is nearly identical 

to Title V of S. 1611, and CBO’s estimate of the budgetary effects 

are the same. 

On July 29, 2015, CBO transmitted a cost estimate for S. 373, 

the Vessel Incidental Discharge Act, as ordered reported by the 

Senate Committee on Commerce, Science, and Transportation on 

February 26, 2015. That legislation is similar to Title VIII of S. 

1611, and CBO’s estimate of the budgetary effects are the same. 

Estimate prepared by: Federal costs: Martin von Gnechten; Impact on state, local, and tribal governments: Melissa Merrell; Impact on the private sector: Amy Petz. 

Estimate approved by: H. Samuel Papenfuss; Deputy Assistant 

Director for Budget Analysis. 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 


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NUMBER OF PERSONS COVERED

S. 1611 as reported would not create any new programs or impose any new regulatory requirements, and therefore would not 

subject any individuals or businesses to new regulations. 

Title VIII of the bill, the Vessel Incidental Discharge Act, would 

streamline regulatory compliance for the owners and operators of 

approximately 70,000 vessels with respect to ballast discharge. It 

also would permanently exempt approximately 120,000 vessels, including all commercial fishing vessels, from incidental vessel discharge rules and thus reduce the regulatory burden on the owners 

and operators of those vessels. 

ECONOMIC IMPACT

Enactment of this legislation is not expected to have any significant adverse impacts on the Nation’s economy. Title VIII of the bill, 

the Vessel Incidental Discharge Act, will likely have a positive economic impact by improving the ease with which interstate commerce is conducted and reduce the operating costs of commercial 

fishing vessels. 

PRIVACY

S. 1611 would not impact the personal privacy of individuals. 

PAPERWORK

Title VIII of the bill would replace myriad Federal and State vessel incidental discharge requirements with a single set of national 

requirements, and will likely reduce paperwork requirements for 

individuals and businesses. While S. 1611 streamlines some USCG 

reporting requirements and eliminates one other, it does implement additional agency reporting requirements. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

TITLE I—AUTHORIZATIONS

Section 101. Authorizations. 

This section would authorize $8.7 billion in discretionary funds 

for the USCG for each of the FYs 2016 and 2017. This is the same 

level of funding that was authorized for the USCG in section 101 

of the Howard Coble Coast Guard and Maritime Transportation 

Act of 2014 (P.L. 113–281; 126 Stat. 3022). It also would authorize 

an end-of-year strength for active duty USCG personnel of 43,000 

and set military training student loads for each of the FYs 2016 

and 2017. 


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Section 102. Conforming amendments. 

This section would make conforming and technical changes to 

title 14, United States Code. 

TITLE II—COAST GUARD

Section 201. Vice Commandant. 

This section would fix the grade of the Vice Commandant at admiral, aligning the USCG leadership structure with the leadership 

structure of the other armed forces in which the vice service chiefs 

all serve in the grade of general or admiral. This change would enable the Vice Commandant to better represent the USCG and the 

Commandant in frequent interactions with other service counterparts, as well as interactions with the Vice Chairman of the Joint 

Chiefs of Staff and the Commanders of the Combatant Commands, 

all of whom serve in the grade of general or admiral. 

Section 202. Vice admirals. 

The USCG is currently the only armed service without a chief of 

staff. The position was discontinued in 2011 and many of the responsibilities were assumed by the Vice Commandant. This has diluted the focus of the Vice Commandant from the traditional duties 

as the vice service chief. This section would authorize the USCG 

to reinstate the position of chief of staff. This section also would authorize the President to appoint additional USCG vice admirals to 

positions in the executive branch. 

The Chairman of the Joint Chiefs of Staff has requested the appointment of USCG officers to serve on the Joint Staff, but limitations on the number of USCG vice admirals under current law prohibit the USCG from fulfilling this national security request. 

Section 203. Professional development. 

Subsection (a) of section 203 of the bill would convey the sense 

of Congress that toxic leadership within the armed forces can have 

adverse effects on service members and the service, and result in 

degraded mission performance. This subsection also would recommend that the USCG develop policies to prevent, identify, and 

correct this issue consistent with DOD policies. 

Subsection (b) of section 203 would direct the Commandant to 

implement the use of multi-rater reviews for the USCG’s flag officers, senior executive staff, and newly promoted captains. This review would be required biennially and will be complemented by 

post-assessment counseling and leadership coaching, and would be 

used to aid in the professional development of the USCG’s senior 

leaders. 

Subsection (b) also would require the USCG to report on the feasibility of the expansion of the use of multi-rater reviews among all 

officers, all members in command positions, and all enlisted members in supervisory positions. In addition, the subsection would require the USCG to provide an overview of each of its leadership development courses, and an assessment of the feasibility of their expansion. Furthermore, subsection (b) would require an assessment 

of USCG leadership training, the implementation of toxic leadership recognition training, and would call for the establishment of 


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procedures that would result in the administrative separation of 

toxic leaders from the service. 

Subsection (c) of section 203 would require the Commandant, 

within 180 days of enactment of the Act, to develop and implement 

an annual training course on the workings of Congress for USCG 

flag officers newly appointed or assigned to billets within the National Capital Region, and all Senior Executive Service personnel 

employed within the National Capital Region. The subsection also 

would define course subject matter, would authorize the USCG to 

accept pro bono services in compliance with this subsection, and 

would prescribe timelines for senior leaders to complete the course. 

Section 204. Senior enlisted member continuation boards. 

In 1939, Congress enacted legislation to increase the efficiency by 

which the USCG could involuntarily retire an enlisted member who 

has at least 20 years of service. However, in 1991, the Committee 

on Merchant Marine and Fisheries of the House of Representatives 

found that these procedures actually reduced the USCG’s ability to 

separate underperforming members from the service. In response, 

Congress both altered the process under which an enlisted member 

may be retired and instituted certain procedural safeguards. At the 

time, because of the difficulty of involuntarily retiring enlisted personnel, there was a tendency to take disciplinary action against 

poor performing members. Because a discharge after an adverse 

disciplinary act could result in the loss of retirement benefits, the 

Committee recommended certain procedural protections that enlisted members in other branches of the armed forces are not entitled to. 

This section would repeal those protections, but also would ensure that USCG enlisted members are treated in a manner similar 

to enlisted personnel of the other military services. This would enable the USCG to more efficiently conduct career retention screening panels during reductions in force or performance-based senior 

enlisted continuation boards common to the other military services, 

specifically the Department of the Navy. The current authorization 

increasing retired pay for an enlisted member who is retired after 

20 years of service and who was cited for extraordinary heroism in 

the line of duty would be retained. 

Section 205. Coast Guard member pay. 

This section would require the Commandant to report to Congress on alternative methods the USCG can use to report monthly 

pay and allowances to the USCG’s members, and complete an annual audit of pay and allowances for service members who recently 

completed a permanent change of station. 

Section 206. Recall. 

A retired member of a regular component of the armed forces is 

subject to the Uniform Code of Military Justice for violations that 

the retired member commits either while on active duty or during 

retirement. The Secretary of a military department may recall a retired member to active duty to be tried by court-martial, without 

regard to the consent of the member. However, the Commandant 

may recall a retired member to active duty to be tried by courtmartial, without the member’s consent, only during time of war or 


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national emergency. Otherwise, a retired USCG member may only 

be recalled with the member’s consent—which, when the purpose 

of the recall is to render the member possibly subject to punitive 

discharge and, thus, loss of retired pay and other benefits, the 

member has little or no reason to grant. 

This section would align USCG authorities with those of the 

DOD by authorizing the Commandant to recall a retired member, 

without the retired member’s consent, at any time for the purposes 

of an Article 32 investigation, trial by court-martial, and non-judicial punishment. It is the Committee’s expectation that this authority will only be used for egregious cases of misconduct. 

Section 207. Exchange of medical goods and services. 

This section would allow the USCG, when reimbursing the DOD 

or another military service for medical care provided to a USCG 

member, a former USCG member, or a dependent of a USCG member or former USCG member at a DOD medical facility, to adopt 

the intra-DOD payment model for the reimbursement. The value of 

the payment would be determined by DOD actuaries, using relevant actuarial considerations and assumptions. An annual onetime payment will replace the existing reimbursement structure 

that requires adjustments between appropriations after the close of 

the FY resulting in lost opportunity for use of resources by both departments. 

Section 208. Coast Guard remission of indebtedness. 

Prior to 2006, the authorities to remit or cancel the indebtedness 

of an enlisted member—then vested in the Secretaries of the Army, 

Navy, Air Force, and that of the department in which the Coast 

Guard is operating—were substantively identical. In 2006, however, Congress expanded the authority of the Secretaries of the 

Army, Navy, and Air Force to permit each to remit or cancel indebtedness of any member on active duty. Congress did not do the 

same with regard to members of the USCG. This section would 

grant identical authority to the Secretary, thereby ensuring equal 

treatment of all active duty military members (enlisted and officers). 

Section 209. Coast Guard communities. 

This section would streamline the USCG’s program to recognize 

communities that have supported the USCG by reducing the approval process from 90 days to 30 days. 

Section 210. Major acquisition programs. 

This section would enhance congressional oversight of USCG acquisition programs by requiring the USCG to provide quarterly reports to Congress on the top five risks associated with each of the 

USCG’s current acquisition programs, any failure of these programs to demonstrate key performance parameters or thresholds 

during operational test and evaluation, whether there has been a 

decision to order full rate production on a program that has not 

met all key performance parameters or thresholds, and whether 

there has been any breach of program cost or program schedule. 


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Section 211. Major acquisitions assessment. 

This section would require the Commandant to report to Congress on the impact of any new major acquisition programs on the 

USCG’s stated program of record and capital investment plan. The 

report would include life-cycle funding requirements, an assessment of the proposed program’s impact on delivery dates of current 

acquisition projects and programs, an assessment of the impact on 

planned construction or improvement projects, and recommendations on funding levels necessary to simultaneously support any 

proposed and current acquisition projects and programs. 

Section 212. Polar icebreakers. 

Subsection (a) of section 212 of the bill would exempt a polar icebreaker from the requirement to be classed by the American Bureau of Shipping before final acceptance, but would require the design and construction of a polar icebreaker to be assessed by an 

independent third party with expertise in vessel design and construction certification. 

Subsection (b) of section 212 would provide the Commandant 

with the authority to enter into a contract or contracts for the acquisition of a polar icebreaker using incremental funding. Incremental funding has been used by the Navy during the acquisition 

of aircraft carriers, assault ships, and destroyers to reduce the 

overall impact on the service’s budget during large vessel acquisition. The USCG’s acquisitions budget of approximately $1 billion 

would not have the capability to simultaneously support current recapitalization efforts and an icebreaker that may cost nearly $1 billion. 

Subsection (c) of section 212 would set a deadline of one year following enactment for the USCG to complete and submit to Congress its assessment of the condition of the POLAR SEA and its determination of whether it is cost effective to reactivate or decommission the icebreaker. 

In November 2013, the USCG completed the analysis of the 

POLAR STAR as required by section 222 of the Coast Guard and 

Maritime Transportation Act of 2012 (P.L. 112–213; 126 Stat. 

1560) and estimated the reactivation would cost approximately $99 

million to provide 7 to 10 years of service. Although it completed 

the analysis nearly two years ago, the USCG has not made a determination concerning the icebreaker’s future. The USCG is currently spending $8 million to stabilize and preserve the POLAR SEA

and is requesting an additional $6 million in its FY 2016 budget 

request to conduct a materiel condition assessment of the icebreaker. 

Section 213. Participation in Federal, State, or other educational research grants. 

Many academic institutions work with a nonprofit organization 

that competes for and accepts grants on their behalf. This section 

would allow the USCG Academy to compete on an equal basis with 

other academic institutions by allowing it to enter into a sole 

source contract with a nonprofit organization created by the USCG 

Academy Alumni Association. The nonprofit would work at the 

USCG Academy’s direction to compete for and accept grants on its 

behalf. 


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18The National Defense Authorization Act for Fiscal Year 2004 (P.L. 108–136; 117 Stat. 1392); 

sections 1413(a) and 1414 of title 10, United States Code. 19The National Defense Authorization Act for Fiscal Year 2008 (P.L. 110–181); 122 Stat. 3. 20 Chapters 1413(a) and 1414 of title 10, United States Code. 

Section 214. Venue. 

In general, each Federal district court has exclusive jurisdiction 

over any case or controversy that arises in the U.S. exclusive economic zone (EEZ) of that district. However, with few exceptions, jurisdiction over any case that arises in the several U.S. EEZs of the 

Pacific Ocean must be tried in the Federal district court for the 

District of Guam. This places an undue burden on USCG assets 

and personnel required to escort seized vessels to Guam, even 

though the case arose in an EEZ other than that around Guam and 

the Northern Mariana Islands, and even though the Federal district court for the District of Hawaii may be closer. To impose a 

more conventional sense of jurisdiction, section 214 of the bill 

would shift jurisdiction to the Federal district court in the District 

of Hawaii for all cases, except for those arising in the EEZ about 

Guam and the Northern Mariana Islands and the EEZ about Wake 

Island. 

Section 215. National Coast Guard museum. 

Section 215 of the bill would repeal existing limitations on expenditures related to the use of appropriated Federal funds for the 

engineering, design, or construction of a National USCG Museum 

established under section 98 of title 14, United States Code. It also 

would remove the requirement for the Secretary to fund the operation and maintenance of the National USCG Museum with nonappropriated and non-Federal funds to the maximum extent practicable. 

Section 216. Investigations. 

This section would require the Inspector General of the DHS to 

consult with the Inspector General of the DOD anytime a report or 

allegations of misconduct are made against senior officials. In addition, this section would require the Commandant to complete investigations into those allegations consistent with DOD requirements. 

Section 217. Clarification of eligibility of members of the Coast 

Guard for combat related special compensation. 

Combat Related Special Compensation (CRSC) was created by 

Congress in 2002, and was originally intended to benefit Purple 

Heart recipients. In 2004, Congress expanded eligibility requirements to include all retirees with combat-related disabilities with 

at least 20 years of service.18 In 2008, Congress expanded CRSC 

eligibility to include those who were medically retired with less 

than 20 years of service, effective January 1, 2008.19 The program 

is required to be implemented uniformly across all uniformed services, including the Coast Guard.20

This section would clarify congressional intent to ensure that 

USCG members are eligible to receive CRSC benefits consistent 

with other uniformed services. This section also would require the 

Secretary to promulgate guidance to ensure that USCG members 

injured during the performance of or during training for certain 

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21 31 U.S.C. 5332. 

mer related duties missions) and during certain hazardous duty on 

small vessels are eligible for the CRSC, consistent with DOD requirements. Section 217 also would allow USCG members who 

have been previously denied CRSC benefits to reapply. 

Section 218. Maternity leave policies for the Coast Guard. 

This section would authorize the Commandant to implement maternity leave policies consistent with those of the Navy. 

Section 219. Technical corrections and clerical amendments to title 

14, United States Code. 

Section 219 of the bill would correct select non-substantive errors 

that now appear in title 14, United States Code. 

TITLE III—SHIPPING AND NAVIGATION

Section 301. Whistleblower protections. 

Whistleblower protections are afforded to a seaman who, in good 

faith, reports a violation of maritime safety law to the USCG or another Federal department or agency. However, a seaman who reports a violation to a vessel owner, a vessel operator, or the seaman’s employer does not receive the same protections—this is a 

significant shortcoming, given that most seaman are typically at 

sea, far away from any USCG or Federal representative, and thus 

unable to make protected complaints about safety concerns while 

aboard the vessel. Moreover, it does not expressly cover alleged violations of maritime environmental protection law. Section 301 of 

the bill would expand the covered class to include a seaman who 

reports a violation to a vessel owner, vessel operator, or the seaman’s employer. Additionally, it would expressly cover both a violation of maritime safety law and a violation of maritime environmental protection law. 

Section 302. Maritime drug law enforcement. 

The first component of section 302 of the bill would criminalize 

bulk currency smuggling of $100,000 or more in international 

waters in a vessel subject to the jurisdiction of the United States. 

As such, it would sever the chain of many illicit activities such as 

drug trafficking and human smuggling, and would improve the effectiveness of USCG interdiction effort. 

Since June 2009, USCG boarding teams have discovered six bulk cash shipments and seized a total of $10,700,000 from vessels involved in smuggling activities. However, the lack of a statutory authority criminalizing bulk currency smuggling in international 

waters often prevents prosecution of smugglers. 

Under current law,21 bulk currency smuggling is only criminalized when a person intends to evade a currency reporting requirement of the United States by smuggling $10,000 or more into 

or out of the United States. However, that law does not criminalize 

the smuggling of bulk currency by vessels in international waters 

that are subject to the jurisdiction of the United States. As a result, transnational criminal organizations are not at risk of a criminal violation for smuggling bulk currency earnings from illicit 


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22Maritime Drug Law Enforcement Act (P.L. 96–350; 94 Stat. 1159) as amended by Maritime 

Drug Law Enforcement Prosecutions Improvements Act of 1986 (P.L. 99–570; 100 Stat. 3207– 

95). 

criminal activity (drug trafficking, human smuggling, etc.) back to 

Central America and South America. 

The second component of section 302 would extend the ability of 

the USCG to apprehend persons who attempt to evade prosecution 

under the Maritime Drug Law Enforcement Act (MDLEA) (46 

U.S.C. 70501 et seq.) by destroying evidence of a controlled substance aboard a vessel subject to the jurisdiction of the United 

States. This would provide the USCG with additional tools to prevent the specific threat that drug trafficking presents to the security of the United States. 

Under the MDLEA, Congress stated ‘‘that trafficking in controlled substances aboard vessels is a serious international problem, is universally condemned, and presents a specific threat to the 

security and societal well-being of the United States’’.22 The 

MDLEA, which was enacted in 2006, authorizes the prosecution of 

knowingly and intentionally manufacturing, distributing, or possessing controlled substances aboard a vessel. The MDLEA does 

not, however, include language designed to criminalize the evasion 

of law enforcement operations by destroying evidence needed to 

prosecute persons under that Act. 

Section 303. Carriage of liquid dangerous cargo. 

This section would restore the Secretary’s pre-1984 authority to 

regulate carriage of liquid bulk dangerous cargoes on fishing and 

fish tender vessels. 

Prior to 1983, fishing and fish tender vessels less than 500 gross 

tons and all fish processing vessels less than 5,000 gross tons were 

generally exempt from Federal laws governing tank vessels carrying liquid bulk dangerous cargoes, except where otherwise required by regulations promulgated by the USCG. In 1984, Congress 

expanded the exemption to cover all fishing and fish tender vessels, 

but also, without explanation, repealed the authority to issue regulations with regard to the carriage of liquid bulk dangerous cargoes. At that time, given the average age of the fleet, the loss of 

such authority and the attendant risk to life and property were not 

great. However, as the average age of the fleet has increased, the 

attendant risk has grown. 

Section 304. Maritime transportation of hazardous materials. 

Prior to March 1, 2003, the USCG was a component of the DOT. 

At that time, the USCG exercised a variety of secretarial authorities—including select provisions of chapter 51 of title 49, United 

States Code, that pertain to the transportation of hazardous materials as cargo on vessels operating on the navigable waters of the 

United States. When the USCG transferred to the DHS on March 

1, 2003, these delegated authorities transferred with the USCG 

pursuant to the Homeland Security Act of 2002. 

Since 2003, Congress has amended provisions of chapter 51 of 

title 49, United States Code, but did not expressly provide for the 


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23For example, see section 5106 of title 49, United States Code (relating to handling criteria), 

section 5107 of that title (relating to training requirements), section 5121 of that title (relating 

to emergency orders), secton 5122 of that title (relating to enforcement), section 5123 of that 

title (relating to civil penalties), and section 5124 of that title (relating to criminal penalties). 

USCG and the USCG’s capacity to exercise both the amended and 

new authorities.23

Section 304 of the bill would affirm the authority of the Secretary 

of the department in which the Coast Guard is operating with regard to hazardous materials as cargo on vessels operating on the 

navigable waters of the United States, thereby eliminating any disparity and potential confusion that may exist between DOT components and the USCG with regard to the enforcement of chapter 51 

of title 49, United States Code. 

Section 305. Recreational vessel operator education. 

Seven States and territories do not require any form of recreational vessel operator education. In these States, anyone can legally operate a recreational vessel in traffic without demonstrating 

any type of preparation or knowledge. Of the remaining States and 

territories, requirements vary drastically as to which operators 

have to be educated, and no two States have identical requirements. This lack of uniformity means that a vessel operator who 

boats in multiple States or simply drifts unknowingly into the 

waters of another State may be subject to differing requirements. 

This lack of uniformity may result in operators being penalized if 

guilty of failure to meet local requirements of which they were unaware. 

This section would authorize the Secretary to develop and propose a model national recreational vessel training curriculum and 

training standards that could be voluntarily adopted by the States. 

The model curriculum and training standards would promote uniformity of boating safety awareness and education, and could improve reciprocity of recreational vessel operator certificates and licenses among the States. 

Section 306. Nondisclosure of certain information. 

Subsection (a) of section 306 of the bill would prohibit the public 

disclosure, under section 552 of title 5, United States Code, of certain information relating to an examination of professional qualification administered under part E of subtitle II of title 46, United 

States Code, for merchant seamen licenses, certificates, and documents. The prohibition would cover examination questions, answers, and characteristics related to the selection of a question for 

examinations, including the frequency of selection of a certain 

question and the frequency that an examinee correctly or incorrectly answered such question. 

Subsection (b) section 306 would grant the Secretary discretionary authority to release questions and answers that the Secretary determines are appropriate or necessary for the general public to prepare for the examination. This discretion will allow the 

Secretary to better ensure that applicants are sufficiently familiar 

with the matters they are expected to know. 

Subsection (c) of section 306 would require the Secretary to develop annually a sample merchant mariner exam and outline of 


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exam topics and ensure that they are made readily available to the 

public. 

Subsection (d) of section 306 would ensure the release of the information to Congress. 

Section 307. Higher volume port area regulatory definition change. 

Section 710 of the Coast Guard Authorization Act of 2010 (P.L. 

111-281; 124 Stat. 2905) directs the Commandant to modify the 

definition of the term ‘‘higher volume port area’’ in section 155.1020 

of title 33 of the Code of Federal Regulations by striking ‘‘Port Angeles, WA’’ and inserting ‘‘Cape Flattery, WA’’—effectively moving 

the western boundary of the existing higher volume port from the 

line at Port Angeles, Washington, to Cape Flattery, Washington. 

This would have designated the whole of the Strait of Juan de Fuca 

a higher volume port area, but the provision is not ‘‘self-executing.’’ 

Section 307 of the bill would achieve the same end as the original 

statute, but in a manner that is significantly less burdensome from 

a regulatory viewpoint. 

Section 308. Recognition of port security assessments conducted by 

other entities. 

Section 70108 of title 46, United States Code, directs the Secretary to assess the effectiveness of the antiterrorism measures 

maintained at those foreign ports that are served by U.S. vessels, 

those from which foreign vessels depart on voyages to the United 

States, and those that the Secretary believes pose a security risk 

to international maritime commerce, at least once every three 

years. These assessments are done in consultation with the Secretaries of State and Defense. 

Section 308 of the bill would provide for the recognition of assessments that foreign governments and international organizations 

conduct, provided that the Secretary is notified of the outcome, and 

the assessments are done in accordance with U.S. requirements. In 

addition, it also would authorize the Secretary to enter into agreements with other governments and organizations to conduct assessments. Section 308 would not require the Secretary to recognize 

these assessments, nor would it limit the Secretary’s authority to 

conduct an assessment at a foreign port. 

Section 309. Model years for recreational vessels. 

The USCG’s current regulatory definition of model year for recreational vessels is inconsistent with industry practice and interferes with the marketplace. This section would revise the definition 

of model year for new recreational vessels and provide industry 

with appropriate discretion to market their products. 

Section 310. Recreational vessel engine weights. 

It has been more than 20 years since the USCG updated the references it provides manufacturers to use to determine the weight 

of engines when conducting floatation tests of new products. Today’s engines are considerably heavier than those built in 1984. 

Using the outdated USCG references for engine weight could result 

in less floatation being added to the recreational vessel than is required to avoid swamping or sinking. This section would require 

the USCG to update its references to recreational vessel engine 


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weights to ensure accurate vessel floatation tests by manufacturers 

and improve recreational vessel safety. 

Section 311. Vessel replacement. 

Section 311 of the bill would amend section 53701 of title 46, 

United States Code, by defining the term ‘‘historical uses.’’ In addition, with respect to direct loans for fisheries, this section would 

authorize the Secretary to make available a minimum of 

$59,000,000 each FY for historical uses as defined by the amendment proposed in this section, which is consistent with current appropriations. It also would authorize the Secretary to issue direct 

loans for the purpose of financing certain activities related to harvesting rights or the construction or reconstruction of fishing vessels in a fishery that is under a limited access system. 

Section 312. Fishing vessel and fish tender vessel certification. 

This section would exempt fishing vessels and fish tender vessels 

from the requirements of section 4502(b) of title 46, United States 

Code, if: the vessel is between 50 and 190 feet long; was built after 

January 1, 2016; is designed by a registered professional engineer 

and the design incorporates standards equivalent to those prescribed by a classification society or another qualified organization 

approved by the Secretary; and vessel construction is overseen and 

certified by a marine surveyor approved by the Secretary. In addition, the vessel would be required to complete a stability test performed by a qualified individual, have written stability and loading 

instructions from a qualified individual, and have an assigned loading mark. 

Furthermore, the owner of the vessel would be required to have 

all substantial vessel modifications or changes reviewed by a registered professional engineer prior to initiation of the work; complete a condition survey at least biennially; complete an out-ofwater survey at least once every five years; update the requirements for stability testing once every five years, or at the time a 

substantial change or modification is made to the vessel; and for 

the life of the vessel, maintain records to demonstrate compliance 

with this section and ensure those records are readily available for 

inspection by an authorized official. 

Section 313. Title 46, United States Code, technical corrections. 

Section 313 of the bill would correct select non-substantive errors 

that now appear in title 46, United States Code. 

TITLE IV—FEDERAL MARITIME COMMISSION

Section 401. Authorization of appropriations. 

This section would authorize the activities of the FMC for FY 

2016 and FY 2017 at the currently enacted level of $24.7 million. 

Section 402. Duties of the chairman. 

This section would reform certain administrative procedures of 

the FMC to improve accountability. Specifically, this section would 

ensure that all Commissioners have the opportunity to review hiring decisions and FMC annual budget submissions. 


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TITLE V—SPORTFISH RESTORATION AND RECREATIONAL BOATING

SAFETY REAUTHORIZATION

This section includes the text of S. 834, the Sport Fish Restoration and Recreational Boating Safety Act, as reported by the Commerce Committee on March 25, 2015 (Senate Report 114–91). 

TITLE VI—CONVEYANCE OF USCG PROPERTY

SUBTITLE A—CONVEYANCE OF COAST GUARD PROPERTY IN

POINT SPENCER, ALASKA

Section 601. Findings. 

This section would provide the rationale for the transfer of land 

at Point Spencer between the USCG, Bering Straits Native Corporation, and the State of Alaska. 

Section 602. Definitions. 

This section would provide the definitions of terms and abbreviations that are used throughout title VI of the bill, including reference to a map of Point Spencer and the Tracts (1-6) subject to 

a land transfer. 

Section 603. Authority to convey land in Point Spencer. 

This section would provide authority for the transfer of Tracts 2 

and 5 to Bering Straits Native Corporation; Tract 6 to the State of 

Alaska if it chooses and if not to Bering Straits Native Corporation 

if it chooses. If Bering Straits Native Corporation accepts Tract 6, 

the State of Alaska would have the ability to enter into a lease for 

that land. Tracts 1, 3, and 4 would be retained by the USCG until 

the Secretary of the department in which the Coast Guard is operating notifies the Secretary of the Interior that the USCG no longer 

needs to retain jurisdiction over any portion of those Tracts. 

This section also would provide for the terms of conveyance, including requirements for environmental clean-up. The USCG and 

State also would retain use of the current or any future landing 

pads, airstrip, runways, and taxiways, and right of access to the 

same, as well as to any lands that are under their jurisdiction. 

In addition, this section would authorize the Secretary to make 

cash sales of personal property located on Tract 4 to Bering Straits 

Native Corporation or to the State of Alaska in the amount of 

$5,580,000. The proceeds of this sale would be required to be deposited as offsetting collections into the Coast Guard Environmental 

Compliance and Restoration Account. 

This section also would require the Secretary of the Interior to 

prepare maps and legal descriptions of all Tracts covered by this 

Act and within 5 years survey the Tracts conveyed under this Act. 

Finally, this section would provide that no public access easements 

may be reserved to the United States under the Alaska Native 

Claims Settlement Act (43 U.S.C. 1601 et seq.) with respect to the 

land conveyed. 

Section 604. Port Coordination Advisory Council for Point Spencer. 

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bers would be appointed by the State of Alaska and Bering Straits 

Native Corporation. The Council would develop a Port Management Coordination Plan to help coordinate infrastructure development and operations at Point Spencer. The Plan would be required 

to be updated annually for the first 5 years and then biennially 

thereafter. The Plan would be developed and implemented by the 

Council in such a manner so as to facilitate and support, and not 

interfere with nor impede, the statutory missions, duties, and operations of the USCG in the Arctic. 

Section 605. Waiver. 

This section would provide that section 229 of the Howard Coble 

Coast Guard and Maritime Transportation Act of 2014 (P.L. 113– 

281) shall not prohibit any transfer or conveyance of lands under 

this Act. 

SUBTITLE B—OTHER CONVEYANCE OF USCG PROPERTY

Section 611. Conveyance of Coast Guard property in Point Reyes 

Station, California. 

This section would authorize the USCG to provide the County of 

Marin, California the right of first refusal in the conveyance at fair 

market value of property under its administrative control in Point 

Reyes, California. The Committee expects the USCG to notify the 

county of its right of first refusal as soon as practicable after completion of the appraisal required under this section. The Committee 

also expects this appraisal to meet Federal standards, including 

the Uniform Appraisal Standards for Federal Land Acquisitions. 

Finally, the Committee expects the USCG will provide the county 

at least one year after notifying it of its right of first refusal to 

enter into a contract for the sale of the property. 

Section 612. Conveyance of Coast Guard property in Tok, Alaska. 

This section would authorize the USCG to provide the Tanana 

Chiefs Council, a nonprofit intertribal consortium of federally recognized Alaska tribes, the right of first refusal in the conveyance 

at fair market value of property under its administrative control in 

Tok, Alaska. 

TITLE VII—MISCELLANEOUS

Section 701. Interagency Coordinating Committee on Oil Pollution 

Research. 

The Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) established 

the Interagency Coordinating Committee on Oil Pollution Research 

for the purpose of coordinating a comprehensive program of oil pollution research, technology development, and demonstration among 

the Federal agencies. This section would— 

• address the outdated reference to the Minerals Management 

Service; 

• include the U.S. Arctic Research Commission as a named 

member of that Committee, reflecting the recent designation of the 

Commission as a member of that Committee; and 

• provide for the representative of the National Oceanic and Atmospheric Administration, the representative of the Bureau of 


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24Section 9 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (relating to accident and incident notification)(49 U.S.C. 60117 note). 

Safety and Environmental Enforcement, and the representative of 

the Environmental Protection Agency to serve, on a rotating basis, 

as the vice chairman of that Committee. 

Section 702. Accident and incident notification. 

The Pipeline Safety, Regulatory Certainty, and Job Creation Act 

of 2011 (P.L. 112-90; 125 Stat. 1904), in part, directs the Secretary 

of Transportation to revise the regulations relating to pipeline accidents and incidents, so as to oblige pipeline owners and operators 

to give telephonic or electronic notice of every accident and incident 

to the DOT and the USCG’s National Response Center (NRC) at 

the earliest practicable time. Significantly, that Act requires the 

NRC to ‘‘update the initial report on [a pipeline] accident or incident instead of generating a new report’’ after ‘‘receiving revisions’’ 

of an initial notice of such an accident or incident.24

Implementation of this requirement presents policy and practical 

concerns for the NRC. For evidentiary purposes, NRC staff members are not permitted to amend or otherwise modify a generated 

report of an incident. That practice, which has been a standard 

procedure for decades, preserves the chain of evidence for subsequent investigations and litigation. From a policy perspective, the 

requirement creates a greater risk of inaccuracies in the reports 

which NRC staff members generate from the notices that pipeline 

owners and operators submit. If staff members are required to ‘‘update’’ an earlier report based solely on ‘‘revisions’’ to an initial notice, an element of judgment will have been interjected into the existing system that could be misplaced. NRC staff are forced to assess whether subsequent notices are in fact revisions of initial notices, whether submitting personnel are authorized to transmit the 

revisions, and whether an initial report needs to be amended and 

how. The judgment calls necessary for making those assessments 

are better left to the Federal On-scene commander or someone else 

with first-hand knowledge of the accident or incident. Each report 

generated by an NRC staff member should only be required to accurately reflect the underlying notice that gave rise to the report. 

Another concern is the high cost of software modifications that 

will be necessary to fully implement that Act. The NRC believes 

that the estimated cost to the USCG ($350,000 and $500,000) could 

be replicated throughout the National Response System, with the 

total cost for modifications to the other participating 24 Federal entities, 56 States and territories, and over 3,000 counties being $1 

billion to $1.5 billion. Accordingly, section 702 of the bill would 

strike this provision from law. 

Section 703. Technical corrections relating to bridges. 

This section would amend various bridge-related statutes involving the USCG to clarify that the authority therein is vested in the 

Secretary of the department in which the Coast Guard is operating, 

not the Secretary of Transportation, and make other minor amendments. 


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Section 704. International port and facility inspection coordination. 

This section would correct the reference to ‘‘the Secretary of the 

department in which the Coast Guard is operating’’ to the ‘‘Secretary of Homeland Security’’ in the event that the USCG is transferred to the Department of the Navy. This would ensure that the 

Secretary of Homeland Security is still responsible for the completion of foreign port assessments. 

In addition, three provisions of law require the Secretary of 

Homeland Security to carry out foreign port assessments. U.S. Customs and Border Protection conducts two—Container Security Initiative and Customs-Trade Partnership Against Terrorism—of the 

SAFE Port Act (P.L. 109–347; 120 Stat. 1884), while the USCG 

conducts one, foreign port assessments. Presently, the Secretary is 

required to conduct the assessments concurrently, or develop a 

process by which they are integrated and conducted by the USCG. 

This section would amend that language and require the Secretary 

to conduct the assessments concurrently or coordinate them between the USCG and Customs and Border Protection. 

Section 705. Reports. 

This section would eliminate one outdated and duplicative report 

and modify the due date of two other reports. 

Section 706. Safe vessel operation in the Great Lakes. 

This section would bar the USCG and the Environmental Protection Agency from prohibiting the uptake or discharge of ballast 

water from a vessel operating in certain National Marine Sanctuaries located in the Great Lakes if such uptake and discharge 

meets all Federal and State requirements and the designation documents for the marine sanctuary do not prohibit such uptake and 

discharge. 

Section 707. Coastwise endorsement. 

This section would grant a coastwise endorsement for the F/V

RONDYS. 

Section 708. International ice patrol. 

This section would require the Commandant to report to Congress on the USCG’s current involvement in the International Ice 

Patrol, and any alternatives that could be utilized to conduct that 

mission. The report would be required to include: alternatives that 

could provide timely data on ice conditions with the highest possible resolution and accuracy; alternatives that can operate in all 

weather conditions, both day and night; and whether those alternatives are more cost effective than current operations. 

Section 709. Pribilof Islands. 

This section would require the Secretary of Commerce to transfer 

certain parcels of land on St. Paul Island, Alaska to the native village corporation for St. Paul Island in accordance with the Alaska 

Native Claims Settlement Act (43 U.S.C. 1601 et seq.). This is a 

final step with respect to the process for land conveyances, in Congress’ on-going efforts to fulfill the Federal Government’s commitments to help build a viable economy on the Pribilof Islands. In 

order to accomplish the original objective, Congress enacted a seVerDate Sep 11 2014 01:22 Dec 05, 2015 Jkt 059010 PO 00000 Frm 00027 Fmt 6659 Sfmt 6602 E:\HR\OC\SR168.XXX SR168

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ries of laws with a variety of provisions to help the Pribilof Islands 

and their people transition to a new economy not based on the commercial harvest of fur seals. This section would enable the closure 

of 50-plus years of land selection and conveyance history pertaining 

to the Native people of the Pribilof Islands, and their relationship 

with Congress and the Federal Government. 

Section 710. No charge for parking facilities. 

Section 611 of the Howard Coble Coast Guard and Maritime 

Transportation Act of 2014 (Public Law 113–281; 128 Stat. 3022) 

made unused parking spots at the DHS St. Elizabeth’s Campus 

available to USCG personnel until other personnel from the DHS 

are transferred to the campus. Section 710 of the bill would amend 

that law to ensure that the unused parking spaces are provided to 

the USCG, its members, or employees at no cost, until other personnel from the DHS are transferred to the campus. 

Section 711. Assessment of oil spill response and cleanup activities 

in the Great Lakes. 

This section would require the Commandant, in consultation 

with the Administrator of the National Oceanic and Atmospheric 

Administration, to conduct an assessment of the effectiveness of oil 

spill response and clean-up activities on the Great Lakes. 

Section 712. Report on status of technology detecting passengers 

who have fallen overboard. 

This section would require the Commandant to report to Congress on the status of technology that could be utilized aboard 

cruise ships to immediately detect passengers who have fallen overboard; recommendations to cruise lines on the feasibility of implementing that technology; cruise line data on the integration of that 

technology; and any other available technologies that cruise ships 

could integrate to assist in facilitating the search and rescue of a 

passenger who has fallen overboard. 

TITLE VIII—VESSEL INCIDENTAL DISCHARGE ACT

This section includes the text of S. 373, the Vessel Incidental 

Discharge Act, as reported on March 25, 2015 (Senate Report 114– 

96). 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 


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TITLE 14. COAST GUARD. 

PART I. REGULAR COAST GUARD

CHAPTER 3. COMPOSITION AND ORGANIZATION

§ 41. Grades and ratings 

In the Coast Guard there shall be øan admiral¿ admirals, vice 

admirals; rear admirals; rear admirals (lower half); captains; commanders; lieutenant commanders; lieutenants; lieutenants (junior 

grade); ensigns; chief warrant officers; cadets; warrant officers; and 

enlisted members. Enlisted members shall be distributed in ratings 

established by the Secretary. 

§ 46. Retirement of Commandant 

(a) A Commandant who is not reappointed shall be retired with 

the grade of admiral at the expiration of the appointed term, except 

as provided in øsubsection¿ section 51(d) of this title. 

(b) A Commandant who is retired for physical disability shall be 

placed on the retired list with the grade of admiral. 

(c) An officer who is retired prior to the expiration of his term, 

while serving as Commandant, may, in the discretion of the President, be retired with the grade of admiral. 

§ 47. øVice commandant; appointment¿ Vice Commandant; 

appointment 

The President may appoint, by and with the advice and consent 

of the Senate, one Vice Commandant who shall rank next after the 

Commandant, shall perform such duties as the Commandant may 

prescribe and shall act as Commandant during the absence or disability of the Commandant or in the event that there is a vacancy 

in the office of Commandant. The Vice Commandant shall be selected from the officers on the active duty promotion list serving 

above the grade of captain. The Commandant shall make recommendation for such appointment. The Vice Commandant shall, 

while so serving, have the grade of øvice admiral¿ admiral with 

pay and allowances of that grade. The appointment and grade of 

a Vice Commandant shall be effective on the date the officer assumes that duty, and shall terminate on the date the officer is detached from that duty, except as provided in section 51(d) of this 

title. 

§ 50. Vice admirals 

(a)ø(1) The President may designate no more than 4 positions of 

importance and responsibility that shall be held by officers who— 

ø(A) while so serving, shall have the grade of vice admiral, with the pay and allowances of that grade; and 

ø(B) shall perform such duties as the Commandant may 

prescribe.¿ 

(1) The President may— 

(A) designate, within the Coast Guard, no more than 5 positions of importance and responsibility that shall be held by officers who, while so serving, shall have the grade of vice admiral, 

with the pay and allowances of that grade, and shall perform 

such duties as the Commandant may prescribe (and if the 


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President designates 5 such positions, 1 position shall be the 

Chief of Staff of the Coast Guard); and 

(B) designate within the Executive branch, other than within 

the Coast Guard, positions of importance and responsibility 

that shall be held by officers who, while so serving, shall have 

the grade of vice admiral, with the pay and allowances of that 

grade. 

(2) The President may appoint, by and with the advice and 

consent of the Senate, and reappoint, by and with the advice 

and consent of the Senate, to any such position an officer of the 

Coast Guard who is serving on active duty above the grade of 

captain. The Commandant shall make recommendations for 

such appointments. 

(3)(A) Except as provided in subparagraph (B), one of the 

vice admirals designated øunder paragraph (1)¿ under paragraph (1)(A) must have at least 10 years experience in vessel 

inspection, marine casualty investigations, mariner licensing, 

or an equivalent technical expertise in the design and construction of commercial vessels, with at least 4 years of leadership 

experience at a staff or unit carrying out marine safety functions and shall serve as the principal advisor to the Commandant on these issues. 

(B) The requirements of subparagraph (A) do not apply 

to such vice admiral if the subordinate officer serving in 

the grade of rear admiral with responsibilities for marine 

safety, security, and stewardship possesses that experience. 

(b)(1) The appointment and the grade of vice admiral shall be effective on the date the officer assumes that duty and, except as 

provided in paragraph (2) of this subsection or in section 51(d) of 

this title, shall terminate on the date the officer is detached from 

that duty. 

(2) An officer who is appointed to a position designated 

under subsection (a) shall continue to hold the grade of vice admiral— 

(A) while under orders transferring the officer to another 

position designated under subsection (a), beginning on the 

date the officer is detached from that duty and terminating 

on the date before the day the officer assumes the subsequent duty, but not for more than 60 days; 

(B) while hospitalized, beginning on the day of the hospitalization and ending on the day the officer is discharged 

from the hospital, but not for more than 180 days; øand¿ 

(C) at the discretion of the Secretary, while awaiting orders after being relieved from the position, beginning on the 

day the officer is relieved from the position, but not for 

more than 60 days; and 

ø(C)¿(D) while awaiting retirement, beginning on the 

date the officer is detached from duty and ending on the 

day before the officer’s retirement, but not for more than 

60 days. 

(c)(1) An appointment of an officer under subsection (a) does not 

vacate the permanent grade held by the officer. 

(2) An officer serving in a grade above rear admiral who 

holds the permanent grade of rear admiral (lower half) shall be 


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considered for promotion to the permanent grade of rear admiral as if the officer was serving in the officer’s permanent 

grade. 

(d) Whenever a vacancy occurs in a position designated under 

subsection (a), the Commandant shall inform the President of the 

qualifications needed by an officer serving in that position or office 

to carry out effectively the duties and responsibilities of that position or office. 

§ 51. Retirement 

(a) An officer, other than the Commandant, who, while serving 

in the grade of admiral or vice admiral, is retired for physical disability shall be placed on the retired list with the highest grade in 

which that officer served. 

(b) An officer, other than the Commandant, who is retired while 

serving in the grade of admiral or vice admiral, or who, after serving at least 2 1/2 years in the grade of admiral or vice admiral, is 

retired while serving in a lower grade, may in the discretion of the 

President, be retired with the highest grade in which that officer 

served. 

(c) An officer, other than the Commandant, who, after serving 

less than 2 1/2 years in the grade of admiral or vice admiral, is 

retired while serving in a lower grade, shall be retired in his permanent grade. 

(d) An officer serving in the grade of admiral or vice admiral 

shall continue to hold that grade— 

(1) while being processed for physical disability retirement, 

beginning on the day of the processing and ending on the day 

that officer is retired, but not for more than 180 days; and 

(2) while awaiting retirement, beginning on the day that officer is relieved from the position of Commandant, Vice Commandant, or Vice Admiral and ending on the day before the officer’s retirement, but not for more than 60 days. 

§ 60. Training course on workings of Congress 

(a) IN GENERAL.—Not later than 180 days after the date of the 

enactment of the Coast Guard Authorization Act of 2015, the Commandant, in consultation with the civilian and permanent commissioned teaching staff of the Department of Humanities at the Coast 

Guard Academy and such other individuals and organizations as 

the Commandant considers appropriate, shall develop an annual 

training course for all Coast Guard flag officers newly appointed or 

assigned to billets in the National Capital Region and all Coast 

Guard senior executive service personnel employed in the National 

Capital Region to educate them on the workings of Congress. 

(b) COURSE SUBJECT MATTER.—The training course required by 

this section shall cover a variety of subjects related to Congress and 

the Federal legislative process, including— 

(1) the history and structure of Congress and the committee 

systems of the House of Representatives and the Senate, including the functions and responsibilities of the Committee on 

Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; 


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(2) the documents used by Congress, including bills, resolutions, committee reports, and conference reports, and the purposes they serve; 

(3) the legislative processes of the House of Representatives 

and the Senate, including similarities and differences between 

the two processes; 

(4) the roles of Members of Congress and congressional staff 

in the legislative process; 

(5) the congressional budget process; 

(6) the congressional authorization-appropriation process; 

(7) the Senate advice and consent process for presidential 

nominees; 

(8) the Senate advice and consent process for treaty ratification; 

(9) the concept and underlying purposes of congressional oversight; and 

(10) best practices that promote effective and successful interactions with Congress. 

(c) LECTURERS AND PANELISTS.— 

(1) OUTSIDE EXPERTS.—The Commandant shall ensure that 

not less than 60 percent of the lecturers, panelists, and other individuals providing education and instruction as part of the 

training course required by this section are experts on Congress 

and the Federal legislative process who are not employed by the 

executive branch of the Federal Government, such as the Congressional Research Service. 

(2) AUTHORITY TO ACCEPT PRO BONO SERVICES.—In satisfying 

the requirement under paragraph (1), the Commandant shall 

seek, and is authorized to accept, educational and instructional 

services of lecturers, panelists, and other individuals and organizations provided to the Coast Guard on a pro bono basis. 

(d) COMPLETION OF REQUIRED TRAINING.— 

(1) CURRENT FLAG OFFICERS AND EMPLOYEES.—A Coast 

Guard flag officer appointed or assigned to a billet in the National Capital Region on the date of the enactment of this section, and a Coast Guard senior executive service employee employed in the National Capital Region on the date of the enactment of this section, shall complete a training course that meets 

the requirements of this section within 60 days of the date on 

which the Commandant completes the development of the training course. 

(2) NEW FLAG OFFICERS AND EMPLOYEES.—A Coast Guard 

flag officer who is newly appointed or assigned to a billet in the 

National Capital Region, and a Coast Guard senior executive 

service employee who is newly employed in the National Capital 

Region, shall complete a training course that meets the requirements of this section not later than 60 days after reporting for 

duty. 

CHAPTER 5. FUNCTIONS AND POWERS

§ 98. National Coast Guard Museum 

(a) ESTABLISHMENT.—The Commandant may establish a National 

Coast Guard Museum, on lands which will be Federally owned and 


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administered by the Coast Guard, and are located in New London, 

Connecticut, at, or in close proximity to, the Coast Guard Academy. 

ø(b) LIMITATION ON EXPENDITURES.— 

ø(1) Except as provided in paragraph (2), the Secretary shall 

not expend any appropriated Federal funds for the engineering, design, or construction of any museum established under 

this section. 

ø(2) The Secretary shall fund the operation and maintenance 

of the National Coast Guard Museum with nonappropriated 

and non-Federal funds to the maximum extent practicable. The 

priority use of Federal operation and maintenance funds 

should be to preserve and protect historic Coast Guard artifacts.¿ 

ø(c)¿(b) FUNDING PLAN.—Before the date on which the Commandant establishes a museum under subsection (a), the Commandant shall provide to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan 

for constructing, operating, and maintaining such a museum, including— 

(1) estimated planning, engineering, design, construction, operation, and maintenance costs; 

(2) the extent to which appropriated, nonappropriated, and 

non-Federal funds will be used for such purposes, including the 

extent to which there is any shortfall in funding for engineering, design, or construction; and 

(3) a certification by the Inspector General of the department 

in which the Coast Guard is operating that the estimates provided pursuant to paragraphs (1) and (2) are reasonable and 

realistic. 

ø(d)¿(c) AUTHORITY.—The Commandant may not establish a 

Coast Guard museum except as set forth in this section. 

CHAPTER 9. COAST GUARD ACADEMY

§ 196. Participation in Federal, State, or other educational 

research grants 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

the United States Coast Guard Academy may compete for and accept Federal, State, or other educational research grants, subject to 

the following limitations: 

(1) No award may be accepted for the acquisition or construction of facilities. 

(2) No award may be accepted for the routine functions of 

the Academy. 

(b) AUTHORITY.— 

(1) CONTRACT OR COOPERATIVE AGREEMENT.—Notwithstanding chapter 63 of title 31 and chapter 137 of title 10, the 

Commandant may enter into a contract or cooperative agreement with a nonprofit organization, described under section 

501(c)(3) of the Internal Revenue Code of 1986 and exempt from 

taxation under section 501(a) of that Code, that the Coast 

Guard Academy Alumni Association may establish for the purpose of supporting academic research and applying for and administering Federal, State, or other educational research grants 


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on behalf of the Coast Guard Academy. Notwithstanding any 

other provision of law or policy to the contrary, the Commandant may enter such contract or cooperative agreement on 

a sole source basis. 

(2) LEASE OR LICENSE.—The Commandant may enter into a 

lease or license with a nonprofit organization, described under 

section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code, that the 

Coast Guard Academy Alumni Association may establish for 

the purpose of supporting academic research and applying for 

and administering Federal, State, or other educational research 

grants on behalf of the Coast Guard Academy. 

(c) USE OF COAST GUARD PERSONAL PROPERTY.—The Commandant may allow a nonprofit organization, described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from 

taxation under section 501(a) of that Code, that the Coast Guard 

Academy Alumni Association may establish to use, at no cost, personal property of the Coast Guard to assist the non-profit organization in supporting academic research and applying for and administering Federal, State, or other educational research grants on behalf of the Coast Guard Academy. 

(d) ACCEPTANCE OF SUPPORT.— (1) SUPPORT RECEIVED FROM A 501(c)(3) NONPROFIT ORGANIZA- TION.—Notwithstanding section 93 of this title, the Commandant may accept funds, supplies, and services from a nonprofit organization, described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 

section 501(a) of that Code, that the Coast Guard Academy 

Alumni Association may establish for the support of academic 

research and applying for and administering Federal, State, or 

other educational research grants on behalf of the Coast Guard 

Academy. For purposes of this subsection, employees or personnel of such nonprofit organization shall not be employees of 

the United States. 

(2) LIMITATION.—The Commandant shall ensure that contributions under this subsection do not reflect unfavorably on 

the ability of the Coast Guard, any of its employees, or any 

member of the armed forces to carry out any responsibility or 

duty in a fair and objective manner, or compromise the integrity or appearance of integrity of any program of the Coast 

Guard, or any individual involved in such a program. 

(e) RETENTION AND USE OF FUNDS.—Funds received under this 

section may be retained for use in support of academic research and 

applying for and administering Federal, State, or other educational 

research grants on behalf of the Coast Guard Academy and shall 

remain available until expended. 

(f) CONDITIONS.—The authority provided in this section with respect to a nonprofit organization, described under section 501(c)(3) 

of the Internal Revenue Code of 1986 and exempt from taxation 

under section 501(a) of that Code, that the Coast Guard Academy 

Alumni Association may establish is valid only so long as such nonprofit organization continues to— 

(1) qualify as a nonprofit organization, described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt 

from taxation under section 501(a) of that Code, and operates 


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in accordance with this section, the laws of the State of Connecticut, and the constitution and bylaws of the nonprofit organization; and 

(2) operate exclusively to support academic research and applying for and administering Federal, State, or other educational research grants on behalf of the Coast Guard Academy. 

CHAPTER 11. PERSONNEL ENLISTED MEMBERS

§ 357. øInvoluntary retirement of enlisted members¿ Retirement of enlisted members: increase in retired pay 

ø(a) Enlisted Personnel Boards shall be convened as the Commandant may prescribe to review the records of enlisted members 

who have twenty or more years of active military service. 

ø(b) Enlisted members who have twenty or more years of active 

military service may be considered by the Commandant for involuntary retirement and may be retired on recommendation of a 

Board— 

ø(1) because the member’s performance is below the standards the Commandant prescribes; or 

ø(2) because of professional dereliction. 

ø(c) An enlisted member under review by the Board shall be— 

ø(1) notified in writing of the reasons the member is being 

considered for involuntary retirement; 

ø(2) allowed sixty days from the date on which counsel is 

provided under paragraph (3) to submit any matters in rebuttal; 

ø(3) provided counsel, certified under section 827(b) of title 

10, to help prepare the rebuttal submitted under paragraph (2) 

and to represent the member before the Board under paragraph (5); 

ø(4) allowed full access to and be furnished with copies of 

records relevant to the consideration for involuntary retirement prior to submission of the rebuttal submitted under paragraph (2); and 

ø(5) allowed to appear before the Board and present witnesses or other documentation related to the review. 

ø(d) A Board convened under this section shall consist of at least 

three commissioned officers, at least one of whom shall be of the 

grade of commander or above. 

ø(e) A Board convened under this section shall recommend to the 

Commandant enlisted members who— 

ø(1) have twenty or more years of active service; 

ø(2) have been considered for involuntary retirement; and 

ø(3) it determines should be involuntarily retired. 

ø(f) After the Board makes its determination, each enlisted member the Commandant considers for involuntary retirement shall 

be— 

ø(1) notified by certified mail of the reasons the member is 

being considered for involuntary retirement; 

ø(2) allowed sixty days from the date counsel is provided 

under paragraph (3) to submit any matters in rebuttal; 

ø(3) provided counsel, certified under section 827(b) of title 

10, to help prepare the rebuttal submitted under paragraph 

(2); and 


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ø(4) allowed full access to and be furnished with copies of 

records relevant to the consideration for involuntary retirement prior to submission of the rebuttal submitted under paragraph (2). 

ø(g) If the Commandant approves the Board’s recommendation, 

the enlisted member shall be notified of the Commandant’s decision 

and shall be retired from the service within ninety days of the notification. 

ø(h) An enlisted member, who has completed twenty years of 

service and who the Commandant has involuntarily retired under 

this section, shall receive retired pay.¿ 

ø(i)¿ An enlisted member voluntarily or involuntarily retired 

after twenty years of service who was cited for extraordinary heroism in the line of duty shall be entitled to an increase in retired 

pay. The retired pay shall be increased by 10 percent of— 

(1) the active-duty pay and permanent additions thereto of 

the grade or rating with which retired when the member’s retired pay is computed under section 423(a) of this title; or 

(2) the member’s retired pay base under section 1407 of title 

10, when a member’s retired pay is computed under section 

423(b) of this title. 

ø(j) When the Secretary orders a reduction in force, enlisted personnel may be involuntarily separated from the service without the 

Board’s action.¿ 

§ 421a. Involuntary recall to active duty 

The Commandant may recall a retired member of the Coast 

Guard who is subject to section 802 of title 10 and order that member to active duty, without the member’s consent, for the purpose of 

any of the following: 

(1) A preliminary hearing under section 832 of title 10. 

(2) Trial by court-martial under chapter 47 of title 10. 

(3) Nonjudicial punishment under section 815 of title 10. 

§ 427. Prohibition of certain involuntary administrative separations 

(a) IN GENERAL.—Except as provided in subsection (b), the Secretary may not authorize the involuntary administrative separation 

of a covered individual based on a determination that the covered 

individual is unsuitable for deployment or other assignment due to 

a medical condition of the covered individual considered by a Physical Evaluation Board during an evaluation of the covered individual that resulted in the covered individual being determined to 

be fit for duty. 

(b) REEVALUATION.— 

(1) IN GENERAL.—The Secretary may require a Physical 

Evaluation Board to reevaluate any covered individual if the 

Secretary determines there is reason to believe that a medical 

condition of the covered individual considered by a Physical 

Evaluation Board during an evaluation of the covered individual renders the covered individual unsuitable for continued 

duty. 

(2) RETIREMENTS AND SEPARATIONS.—A covered individual 

who is determined, based on a reevaluation under paragraph 

(1), to be unfit to perform the duties of the covered individual’s 


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office, grade, rank, or rating may be retired or separated for 

physical disability under øthis chapter¿ chapter 61 of title 10. 

(c) COVERED INDIVIDUAL DEFINED.—In this section, the term 

‘‘covered individual’’ means any member of the Coast Guard who 

has been determined by a Physical Evaluation Board, pursuant to 

a physical evaluation by that board, to be fit for duty. 

§ 429. Multirater assessment of certain personnel 

(a) MULTIRATER ASSESSMENT OF CERTAIN PERSONNEL.— 

(1) IN GENERAL.—Commencing not later than one year after 

the date of the enactment of the Coast Guard Authorization Act 

of 2015, the Commandant of the Coast Guard shall develop and 

implement a plan to conduct every two years a multirater assessment for each of the following: 

(A) Each flag officer of the Coast Guard. 

(B) Each member of the Senior Executive Staff of the 

Coast Guard. 

(C) Each officer of the Coast Guard nominated for promotion to the grade of captain. 

(2) POST-ASSESSMENT ELEMENTS.—Following an assessment 

of an individual pursuant to paragraph (1), the individual 

shall be provided appropriate post-assessment counseling and 

leadership coaching. 

(b) REPORT ON LEADERSHIP DEVELOPMENT.—Not later than 180 

days after the date of the enactment of the Coast Guard Authorization Act of 2015, the Commandant shall submit to the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House of 

Representatives a report on the feasibility of including a multirater 

assessment as part of the personnel development programs of the 

Coast Guard. The report shall include the following: 

(1) An assessment of the feasibility of— 

(A) all officers (other than officers covered by subsection 

(a)) completing a multirater assessment; 

(B) all members (other than officers covered by subsection 

(a)) in command positions completing a multirater assessment; 

(C) all enlisted members in a supervisory position completing a multirater assessment; and 

(D) members completing periodic multirater assessments. 

(2) Such recommendations as the Commandant considers appropriate for the implementation or expansion of a multirater 

assessment in the personnel development programs of the Coast 

Guard. 

(3) An overview of each of the current leadership development 

courses of the Coast Guard, an assessment of the feasibility of 

the expansion of any such course, and a description of the resources, if any, required to expand such courses. 

(4) An assessment on the state of leadership training in the 

Coast Guard, and recommendations on the implementation of 

a policy to combat toxic leadership including— 

(A) a description of methods that will be used by the 

Coast Guard to identify, monitor, and counsel individuals 

who may be identified as toxic leaders; 


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(B) the implementation of toxic leadership recognition 

training (in self and others); 

(C) the establishment of procedures for the administrative 

separation of toxic leaders; and 

(D) a description of the resources needed to implement 

this section. 

(c) MULTIRATER ASSESSMENT DEFINED.—In this section, the term 

‘‘multirater assessment’’ means a review that seeks opinion from 

members senior to the reviewee and the peers and subordinates of 

the reviewee. 

§ 430. Investigations of Flag Officers and Senior Executive 

Service 

An investigation into an allegation of misconduct by a senior official shall be conducted in a manner consistent with the policies of 

the Department of Defense for such an investigation. The Inspector 

General of the Department of Homeland Security shall consult with 

the Inspector General of the Department of Defense any time a report of an allegation of misconduct is made against a senior official. 

CHAPTER 13. PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND

BENEFITS

ø§ 461. Remission of indebtedness of enlisted members upon 

discharge 

øIf he considers it in the best interest of the United States, the 

Secretary may have remitted or canceled any part of an enlisted 

member’s indebtedness to the United States or any of its instrumentalities remaining unpaid before, or at the time of, that member’s honorable discharge.¿ 

§ 461. Remission of indebtedness 

The Secretary may have remitted or cancelled any part of a person’s indebtedness to the United States or any instrumentality of the 

United States if— 

(1) the indebtedness was incurred while the person served on 

active duty as a member of the Coast Guard; and 

(2) the Secretary determines that remitting or cancelling the 

indebtedness is in the best interest of the United States. 

§ 519. Annual audit of pay and allowances of members undergoing permanent change of station 

The Commandant shall conduct each calendar year an audit of 

member pay and allowances for the members who transferred to 

new units during such calendar year. The audit for a calendar year 

shall be completed by the end of the calendar year. 

CHAPTER 15. ACQUISITIONS

SUBCHAPTER I. GENERAL PROVISIONS

§ 569. Mission need statement 

(a) IN GENERAL.—On the date on which the President submits to 

Congress a budget for fiscal year 2016 under section 1105 of title 

31, on the date on which the President submits to Congress a budget for fiscal year 2019 under such section, and every 4 years thereVerDate Sep 11 2014 01:22 Dec 05, 2015 Jkt 059010 PO 00000 Frm 00038 Fmt 6659 Sfmt 6602 E:\HR\OC\SR168.XXX SR168

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after, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of the 

Senate an integrated major acquisition mission need statement. 

(b) DEFINITIONS.—In this section, the following definitions apply: 

(1) INTEGRATED MAJOR ACQUISITION MISSION NEED STATE- MENT.—The term ‘‘integrated major acquisition mission need 

statement’’ means a document that— 

(A) identifies current and projected gaps in Coast Guard 

mission capabilities using mission hour targets; 

(B) explains how each major acquisition program addresses gaps identified under subparagraph (A) if funded 

at the levels provided for such program in the most recently submitted capital investment plan; and 

(C) describes the missions the Coast Guard will not be 

able to achieve, by fiscal year, for each gap identified 

under subparagraph (A). 

(2) MAJOR ACQUISITION PROGRAM.—The term ‘‘major acquisition program’’ has the meaning given that term øin section 

569a(e)¿ in section 2903. (3) CAPITAL INVESTMENT PLAN.—The term ‘‘capital investment plan’’ means the plan required øunder section 663(a)(1)¿ 

under section 2902(a)(1). 

SUBCHAPTER II. IMPROVED ACQUISITION PROCESS AND PROCEDURES

§ 573. Preliminary development and demonstration 

* * * * * * * 

(c) TECHNICAL CERTIFICATION.— (1) IN GENERAL.—The Commandant shall ensure that any 

Level 1 or Level 2 acquisition project or program is certified by 

the technical authority of the Coast Guard after review by an 

independent third party with capabilities in the mission area, 

asset, or particular asset component. 

(2) TEMPEST TESTING.—The Commandant shall— 

(A) cause all electronics on all aircraft, surface, and 

shore capabilities and assets that require TEMPEST certification and that are delivered after the date of enactment of the Coast Guard Authorization Act of 2010 to be 

tested in accordance with TEMPEST standards and communications security (comsec) standards by an independent third party that is authorized by the Federal Government to perform such testing; and 

(B) certify that the assets meet all applicable TEMPEST 

requirements. 

(3) CUTTER CLASSIFICATION.— 

(A) IN GENERAL.—The Commandant shall cause each 

cutter, other than a National Security Cutter or Polar Icebreaker, acquired by the Coast Guard and delivered after 

the date of enactment of the Coast Guard Authorization 

Act of 2010 to be classed by the American Bureau of Shipping before final acceptance. 

(B) [Repealed] 

(4) OTHER VESSELS.—The Commandant shall cause the design and construction of each National Security Cutter or Polar 


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Ice Breaker, other than National Security Cutters 1, 2, and 3, 

to be assessed by an independent third party with expertise in 

vessel design and construction certification. 

(5) AIRCRAFT AIRWORTHINESS.—The Commandant shall cause 

all aircraft and aircraft engines acquired by the Coast Guard 

and delivered after the date of enactment of the Coast Guard 

Authorization Act of 2010 to be assessed for airworthiness by 

an independent third party with expertise in aircraft and aircraft engine certification before final acceptance. 

SUBCHAPTER III. DEFINITIONS

§ 581. Definitions 

* * * * * * * 

(5) LEVEL 2 ACQUISITION.—The term ‘‘Level 2 acquisition’’ 

means an acquisition by the Coast Guard— 

(A) the estimated life-cycle costs of which are equal to or less than $1,000,000,000, but greater than $300,000,000; 

or 

(B) the estimated total acquisition costs of which are 

equal to or less than ø$300,000,0000,¿ $300,000,000 but 

greater than $100,000,000. 

* * * * * * * 

CHAPTER 17. ADMINISTRATION

§ 637. Stopping vessels; indemnity for firing at or into vessel 

* * * * * * * 

(c) A vessel or aircraft is an authorized vessel or authorized aircraft for purposes of this section if— 

(1) it is a Coast Guard vessel or aircraft; 

(2) it is a surface naval vessel or military aircraft on which 

one or more members of the Coast Guard are assigned pursuant to section 379 of title 10; or 

(3) it is any other vessel or aircraft on government noncommercial service when— 

(A) the vessel or aircraft is under the tactical control of 

the Coast Guard; and 

(B) at least one member of the Coast Guard is assigned 

and conducting a Coast Guard mission on the vessel or aircraft. 

(d) [Repealed] 

§ 641. Disposal of certain material 

* * * * * * * 

(d) 

(1) Proceeds from the sale of recyclable materials at a Coast 

Guard installation shall be credited to funds available for operations and maintenance at that installation in amounts sufficient to cover operations, maintenance, recycling equipment, 

and overhead costs for processing recyclable materials at the 

installation. 

(2) If, after funds are credited, a balance remains available 

to a Coast Guard installation and the installation has a qualified recycling program, not more than 50 percent of that balVerDate Sep 11 2014 01:22 Dec 05, 2015 Jkt 059010 PO 00000 Frm 00040 Fmt 6659 Sfmt 6602 E:\HR\OC\SR168.XXX SR168

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ance may be used at the installation for projects for pollution 

abatement, energy conservation, and occupational safety and 

health activities. The cost of the project may not be greater 

than 50 percent of the amount permissible for a minor construction project. 

(3) The remaining balance available to a Coast øGuard, installation¿ Guard installation may be transferred to the Coast 

Guard Morale, Welfare, and Recreation Program. 

(e) If the balance available to the Coast Guard installation under 

this section at the end of a fiscal year is in excess of $200,000, the 

amount of that excess shall be deposited in the general fund of the 

Treasury as offsetting receipts of the Department in which the 

Coast Guard is operating and ascribed to Coast Guard activities. 

CHAPTER 19. ENVIRONMENTAL COMPLIANCE AND RESTORATION

PROGRAM

§ 691. Environmental Compliance and Restoration Program 

* * * * * * * 

(c)(1) The Secretary shall respond to releases of hazardous substances and pollutants— 

(A) at each Coast Guard facility the United States owns, 

leases, or otherwise possesses; 

(B) at each Coast Guard facility the United States 

owned, leased, or otherwise possessed when the actions 

leading to contamination from hazardous substances or 

pollutants occurred; and 

(C) on each vessel the Coast Guard owns or operates. 

(2) Paragraph (1) of this subsection does not apply to a removal or remedial action when a potentially responsible person 

responds under section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 

9622). 

(3) The Secretary shall pay a fee or charge imposed by a 

østate¿ State authority for permit services for disposing of hazardous substances or pollutants from Coast Guard facilities to 

the same extent that nongovernmental entities are required to 

pay for permit services. This paragraph does not apply to a 

payment that is the responsibility of a lessee, contractor, or 

other private person. 

* * * * * * * 

PART II. COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21. COAST GUARD RESERVE

SUBCHAPTER B. COMMISSIONED OFFICERS

§ 742. Maximum ages for retention in an active status 

(a) A Reserve officer, if qualified, shall be transferred to the Retired Reserve on the day the officer becomes 60 years of age unless 

on active duty. If not qualified for retirement, a Reserve officer 

shall be discharged effective upon the day the officer becomes 60 

years of age unless on active duty. 

(b) A Reserve officer on active duty shall, if qualified, be retired 

effective upon the day the officer become 62 years of age. If not 


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qualified for retirement, a Reserve officer on active duty shall be 

discharged effective upon the day the officer becomes 62 years of 

age. 

(c) Notwithstanding øsubsection (a)and¿ subsections (a) and (b), 

the Secretary may authorize the retention of a Reserve rear admiral or rear admiral (lower half) in an active status not longer than 

the day on which the officer concerned becomes 64 years of age. 

(d) For purposes of this section, ‘‘active duty’’does not include active duty for training, duty on a board, or duty of a limited or temporary nature if assigned to active duty from an inactive duty status. 

CHAPTER 23. COAST GUARD AUXILIARY

§ 821. Administration of the Coast Guard Auxiliary 

* * * * * * * 

(b) Each organizational element or unit of the Coast Guard Auxiliary organization (but excluding any corporation formed by an organizational element or unit of the Auxiliary under subsection (c) 

of this section), shall, except when acting outside the scope of section 822, at all times be deemed to be an instrumentality of the 

United States, for purposes of the following: 

(1) Chapter ø26¿ 171 of title 28 (popularly known as the 

Federal Tort Claims Act). 

(2) Section 2733 of title 10 (popularly known as the Military 

Claims Act). 

(3) Section 30101 of title 46 (popularly known as the Admiralty Extension Act). 

(4) Chapter 309 of title 46 (known as the Suits in Admiralty 

Act). 

(5) Chapter 311 of title 46 (known as the Public Vessels Act). 

(6) Other matters related to noncontractual civil liability. 

* * * * * * * 

§ 823a. Members of the Auxiliary; status 

* * * * * * * 

(b) A member of the Auxiliary while assigned to duty shall be 

deemed to be a Federal employee only for the purposes of the following: 

(1) Chapter ø26¿ 171 of title 28 (popularly known as the 

Federal Tort Claims Act). 

(2) Section 2733 of title 10 (popularly known as the Military 

Claims Act). 

(3) Section 30101 of title 46 (popularly known as the Admiralty Extension Act). 

(4) Chapter 309 of title 46 (known as the Suits in Admiralty 

Act). 

(5) Chapter 311 of title 46 (known as the Public Vessels Act). 

(6) Other matters related to noncontractual civil liability. 

(7) Compensation for work injuries under chapter 81 of title 

5. 

(8) The resolution of claims relating to damage to or loss of 

personal property of the member incident to service under the 

Military Personnel and Civilian Employees’ Claims Act of 1964 

(31 U.S.C. 3721). 


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(9) On or after January 1, 2001, section 651 of Public Law 

104-208. 

* * * * * * * 

PART III—COAST GUARD AUTHORIZATIONS AND REPORTS TO

CONGRESS

CHAPTER 27—AUTHORIZATIONS

§ ø662¿2701. Requirement for prior authorization of appropriations 

Amounts may be appropriated to or for the use of the Coast 

Guard for the following matters only if the amounts have been authorized by law after December 31, 1976: 

ø(1) For the operation and maintenance of the Coast Guard. 

ø(2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore or offshore establishments, vessels, or aircraft, including equipment related to the 

aids, establishments, vessels, or aircraft. 

ø(3) For altering obstructive bridges. 

ø(4) For research, development, test, or evaluation related to 

intelligence systems and capabilities or a matter referred to in 

clauses (1)-(3). 

ø(5) For environmental compliance and restoration at Coast 

Guard facilities.¿ 

(1) For the operation and maintenance of the Coast Guard, 

not otherwise provided for. 

(2) For the acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and 

aircraft, including equipment related thereto, and for maintenance, rehabilitation, lease, and operation of facilities and 

equipment. 

(3) For the Coast Guard Reserve program, including operations and maintenance of the program, personnel and training 

costs, equipment, and services. 

(4) For the environmental compliance and restoration functions of the Coast Guard under chapter 19 of this title. 

(5) For research, development, test, and evaluation of technologies, materials, and human factors directly related to improving the performance of the Coast Guard. 

(6) For alteration or removal of bridges over navigable waters 

of the United States constituting obstructions to navigation, 

and for personnel and administrative costs associated with the 

Alteration of Bridges Program. 

§ 2702. Authorization of appropriations 

Funds are authorized to be appropriated for each of fiscal years 

2016 and 2017 for necessary expenses of the Coast Guard as follows: 

(1) For the operation and maintenance of the Coast Guard, 

not otherwise provided for— 

(A) $6,981,036,000 for fiscal year 2016; and 

(B) $6,981,036,000 for fiscal year 2017. 

(2) For the acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and 

aircraft, including equipment related thereto, and for mainteVerDate Sep 11 2014 01:22 Dec 05, 2015 Jkt 059010 PO 00000 Frm 00043 Fmt 6659 Sfmt 6603 E:\HR\OC\SR168.XXX SR168

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nance, rehabilitation, lease, and operation of facilities and 

equipment— 

(A) $1,546,448,000 for fiscal year 2016; and 

(B) $1,546,448,000 for fiscal year 2017. 

(3) For the Coast Guard Reserve program, including operations and maintenance of the program, personnel and training 

costs, equipment, and services— 

(A) $140,016,000 for fiscal year 2016; and 

(B) $140,016,000 for fiscal year 2017. 

(4) For the environmental compliance and restoration functions of the Coast Guard under chapter 19 of this title— 

(A) $16,701,000 for fiscal year 2016; and 

(B) $16,701,000 for fiscal year 2017. 

(5) To the Commandant of the Coast Guard for research, development, test, and evaluation of technologies, materials, and 

human factors directly related to improving the performance of 

the Coast Guard’s mission with respect to search and rescue, 

aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, and for maintenance, 

rehabilitation, lease, and operation of facilities and equipment— 

(A) $19,890,000 for fiscal year 2016; and 

(B) $19,890,000 for fiscal year 2017. 

§ ø661¿2703. Authorization of personnel end strengths 

(a) For each fiscal year, Congress shall authorize the strength for 

active duty personnel of the Coast Guard as of the end of that fiscal year. Amounts may be appropriated for a fiscal year to or for 

the use of active duty personnel of the Coast Guard only if the end 

strength for active duty personnel for that fiscal year has been authorized by law. If at the end of any fiscal year there is in effect 

a declaration of war or national emergency, the President may 

defer the effectiveness of any end-strength limitation with respect 

to that fiscal year prescribed by law for any military or civilian 

component of the Coast Guard, for a period not to exceed 6 months 

after the end of the war or termination of the national emergency. 

(b)(1) Congress shall authorize the average military training student loads for the Coast Guard for each fiscal year. That authorization is required for student loads for the following individual training categories: 

(A) Recruit and specialized training. 

(B) Flight training. 

(C) Professional training in military and civilian institutions. 

(D) Officer acquisition training. 

(2) Amounts may be appropriated for a fiscal year for use in 

training military personnel of the Coast Guard in the categories referred to in paragraph (1) only if the average student loads for the 

Coast Guard for that fiscal year have been authorized by law. 

§ 2704. Authorized levels of military strength and training 

(a) ACTIVE DUTY STRENGTH.—The Coast Guard is authorized an 

end-of-year strength for active duty personnel of 43,000 for each of 

fiscal years 2016 and 2017. 


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(b) MILITARY TRAINING STUDENT LOADS.—The Coast Guard is 

authorized average military training student loads for each of fiscal 

years 2016 and 2017 as follows: 

(1) For recruit and special training, 2,500 student years. 

(2) For flight training, 165 student years. 

(3) For professional training in military and civilian institutions, 350 student years. 

(4) For officer acquisition, 1,200 student years. 

CHAPTER 29—REPORTS

§ ø662a¿2901. Transmission of annual Coast Guard authorization request 

(a) IN GENERAL.—Not later than 30 days after the date on which 

the President submits to Congress a budget for a fiscal year pursuant to section 1105 of title 31, the Secretary shall submit to the 

Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a Coast Guard authorization request 

with respect to such fiscal year. 

(b) COAST GUARD AUTHORIZATION REQUEST DEFINED.—In this 

section, the term ‘‘Coast Guard authorization request’’ means a proposal for legislation that, with respect to the Coast Guard for the 

relevant fiscal year— 

(1) recommends end strengths for personnel for that fiscal 

year, as ødescribed in section 661¿ described in section 2703; 

(2) recommends authorizations of appropriations for that fiscal year, including with respect to matters ødescribed in section 662¿ described in section 2701; and 

(3) addresses any other matter that the Secretary determines 

is appropriate for inclusion in a Coast Guard authorization bill. 

§ ø663¿2902. Capital investment plan 

(a) IN GENERAL.—On the date on which the President submits to 

Congress a budget pursuant to section 1105 of title 31, the Commandant of the Coast Guard shall submit to the Committee on 

Transportation and Infrastructure of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of 

the Senate— 

(1) a capital investment plan for the Coast Guard that identifies for each capital asset for which appropriations are proposed in that budget— 

(A) the proposed appropriations included in the budget; 

(B) the total estimated cost of completion; 

(C) projected funding levels for each fiscal year for the 

next 5 fiscal years or until project completion, whichever 

is earlier; 

(D) an estimated completion date at the projected funding levels; and 

(E) an acquisition program baseline, as applicable; and 

(2) a list of each unfunded priority for the Coast Guard. 

(b) UNFUNDED PRIORITY DEFINED.—In this section, the term ‘‘unfunded priority’’ means a program or mission requirement that— 

(1) has not been selected for funding in the applicable proposed budget; 


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(2) is necessary to fulfill a requirement associated with an 

operational need; and 

(3) the Commandant would have recommended for inclusion 

in the applicable proposed budget had additional resources 

been available or had the requirement emerged before the 

budget was submitted. 

§ ø569a¿2903. Major acquisitions 

(a) IN GENERAL.—In conjunction with the transmittal by the 

President to Congress of the budget of the United States for fiscal 

year 2014 and biennially thereafter, the Secretary shall submit to 

the Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Transportation and Infrastructure of 

the House of Representatives a report on the status of all major acquisition programs. 

(b) INFORMATION TO BE INCLUDED.—Each report under subsection (a) shall include for each major acquisition program— 

(1) a statement of the Coast Guard’s mission needs and performance goals relating to such program, including a justification for any change to those needs and goals subsequent to a 

report previously submitted under this section; 

(2) a justification explaining how the projected number and 

capabilities of assets acquired under such program meet applicable mission needs and performance goals; 

(3) an identification of any and all mission hour gaps, accompanied by an explanation of how and when the Coast Guard 

will close those gaps; 

(4) an identification of any changes with respect to such program, including— 

(A) any changes to the timeline for the acquisition of 

each new asset and the phaseout of legacy assets; and 

(B) any changes to— 

(i) the costs of new assets or legacy assets for that 

fiscal year or future fiscal years; or 

(ii) the total acquisition cost; 

(5) a justification explaining how any change to such program fulfills the mission needs and performance goals of the 

Coast Guard; 

(6) a description of how the Coast Guard is planning for the 

integration of each new asset acquired under such program 

into the Coast Guard, including needs related to shore-based 

infrastructure and human resources; 

(7) an identification of how funds in the applicable fiscal 

year’s budget request will be allocated, including information 

on the purchase of specific assets; 

(8) a projection of the remaining operational lifespan and 

life-cycle cost of each legacy asset that also identifies any anticipated resource gaps; 

(9) a detailed explanation of how the costs of legacy assets 

are being accounted for within such program; and 

(10) an annual performance comparison of new assets to legacy assets. 

(c) ADEQUACY OF ACQUISITION WORKFORCE.—Each report under 

subsection (a) shall— 


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(1) include information on the scope of the acquisition activities to be performed in the next fiscal year and on the adequacy of the current acquisition workforce to meet that anticipated workload; 

(2) specify the number of officers, members, and employees 

of the Coast Guard currently and planned to be assigned to 

each position designated under section 562(c) øof this subchapter¿; and 

(3) identify positions that are or will be understaffed and actions that will be taken to correct such understaffing. 

(d) CUTTERS NOT MAINTAINED IN CLASS.—Each report under subsection (a) shall identify which, if any, Coast Guard cutters that 

have been issued a certificate of classification by the American Bureau of Shipping have not been maintained in class, with an explanation detailing the reasons why the cutters have not been maintained in class. 

(e) QUARTERLY REPORTS ON RISKS OF PROGRAMS.— 

(1) IN GENERAL.—Not later than 15 days after the end of each 

fiscal year quarter, the Commandant shall submit to the committees of Congress specified in subsection (a) a report setting 

forth a current assessment of the risks associated with all current major acquisition programs. 

(2) ELEMENTS.—Each report under this subsection shall set 

forth, for each current major acquisition program, the following: 

(A) The top five current risks to such program. 

(B) Any failure of such program to demonstrate a key 

performance parameter or threshold during operational test 

and evaluation conducted during the fiscal year quarter 

preceding such report. 

(C) Whether there has been any decision during such fiscal year quarter to order full rate production before all key 

performance parameters or thresholds are met. 

(D) Whether there has been any breach of major acquisition program cost (as defined by the Major Systems Acquisition Manual) during such fiscal year quarter. 

(E) Whether there has been any breach of major acquisition program schedule (as so defined) during such fiscal 

year quarter. 

ø(e)¿(f) MAJOR ACQUISITION PROGRAM DEFINED.—In this section, 

the term ‘‘major acquisition program’’ means an ongoing acquisition 

undertaken by the Coast Guard with a life-cycle cost estimate 

greater than or equal to $300,000,000. 

TITLE 46. SHIPPING 

SUBTITLE I. GENERAL

CHAPTER 1. DEFINITIONS

§ 103. Boundary line 

In this title, the term ‘‘Boundary Line’’ means a line established 

under section 2(b) of the Act of February 19, 1895 ø(33 U.S.C. 

151)¿ (33 U.S.C. 151(b)). 


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CHAPTER 3. FEDERAL MARITIME COMMISSION

§ 301. General organization 

(a) ORGANIZATION.—The Federal Maritime Commission is an 

independent establishment of the United States Government. 

(b) COMMISSIONERS.— (1) COMPOSITION.—The Commission is composed of 5 Commissioners, appointed by the President by and with the advice 

and consent of the Senate. Not more than 3 Commissioners 

may be appointed from the same political party. 

(2) TERMS.—The term of each Commissioner is 5 years. 

When the term of a Commissioner ends, the Commissioner 

may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. Except as provided in paragraph (3), no individual may serve more than 2 

terms. 

(3) VACANCIES.—A vacancy shall be filled in the same manner as the original appointment. An individual appointed to fill 

a vacancy is appointed only for the unexpired term of the individual being succeeded. An individual appointed to fill a vacancy may serve 2 terms in addition to the remainder of the 

term for which the predecessor of that individual was appointed. 

(4) CONFLICTS OF INTEREST.— (A) LIMITATION ON RELATIONSHIPS WITH REGULATED EN- TITIES.—. A Commissioner may not have a pecuniary interest in, hold an official relation to, or own stocks or bonds 

of any entity the Commission regulates under chapter 401 

of this title. 

(B) LIMITATION ON OTHER ACTIVITIES.—A Commissioner 

may not engage in another business, vocation, or employment. 

(5) REMOVAL.—The President may remove a Commissioner 

for inefficiency, neglect of duty, or malfeasance in office. 

(c) CHAIRMAN.— (1) DESIGNATION.—The President shall designate one of the 

Commissioners as Chairman. 

(2) GENERAL AUTHORITY.—The Chairman is the chief executive and administrative officer of the Commission. In carrying 

out the duties and powers of the Commission (other than 

under paragraph (3)), the Chairman is subject to the policies, 

regulatory decisions, findings, and determinations of the Commission. 

(3) PARTICULAR DUTIES.— 

(A) IN GENERAL.—The Chairman shall— 

(i) appoint and supervise officers and employees of 

the Commission; 

(ii) appoint the heads of major organizational øunits, 

but only after consultation with the other Commissioners;¿ units (with such appointments subject to the 

approval of the Commission); 

(iii) distribute the business of the Commission 

among personnel and organizational units; 

(iv) supervise the expenditure of money for administrative purposes; øand¿ 


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(v) assign Commission personnel, including Commissioners, to perform duties and powers delegated by the 

Commission under section 304 of this titleø.¿; and 

(vi) prepare and submit to the President and Congress requests for appropriations for the Commission 

(with such requests subject to the approval of the Commission). 

(B) NONAPPLICATION.—Subparagraph (A) (other than 

clause (v)) does not apply to personnel employed regularly 

and full-time in the offices of Commissioners other than 

the Chairman. 

(4) DELEGATION.—The Chairman may designate officers and 

employees under the Chairman’s jurisdiction to perform duties 

and powers of the Chairman, subject to the Chairman’s supervision and direction. 

(d) SEAL.—The Commission shall have a seal which shall be judicially recognized. 

§ 308. Authorization of appropriations 

There is authorized to be appropriated to the Federal Maritime 

Commission $24,700,000 for each of fiscal years 2016 and 2017 for 

the activities of the Commission authorized under this chapter and 

subtitle IV. 

SUBTITLE II. VESSELS AND SEAMEN

PART A. GENERAL PROVISIONS

CHAPTER 21. GENERAL

§ 2114. Protection of seamen against discrimination 

(a)(1) A person may not discharge or in any manner discriminate 

against a seaman because— 

ø(A) the seaman in good faith has reported or is about 

to report to the Coast Guard or other appropriate Federal 

agency or department that the seaman believes that a violation of a maritime safety law or regulation prescribed 

under that law or regulation has occurred;¿ 

(A) the seaman in good faith has reported or is about to 

report to the Coast Guard, another appropriate Federal department or agency, the vessel owner, the vessel operator, or 

the seaman’s employer that the seaman believes that a violation of a maritime safety or maritime environmental protection law or regulation prescribed under that law or regulation has occurred; 

(B) the seaman has refused to perform duties ordered by 

the seaman’s employer because the seaman has a reasonable apprehension or expectation that performing such duties would result in serious injury to the seaman, other 

seamen, or the public; 

(C) the seaman testified in a proceeding brought to enforce a maritime safety law or regulation prescribed under 

that law; 

(D) the seaman notified, or attempted to notify, the vessel owner or the Secretary of a work-related personal injury or work-related illness of a seaman; 


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48 

(E) the seaman cooperated with a safety investigation by 

the Secretary or the National Transportation Safety Board; 

(F) the seaman furnished information to the Secretary, 

the National Transportation Safety Board, or any other 

public official as to the facts relating to any marine casualty resulting in injury or death to an individual or damage to property occurring in connection with vessel transportation; or 

(G) the seaman accurately reported hours of duty under 

this part. 

(2) The circumstances causing a seaman’s apprehension of 

serious injury under paragraph (1)(B) must be of such a nature 

that a reasonable person, under similar circumstances, would 

conclude that there is a real danger of an injury or serious impairment of health resulting from the performance of duties as 

ordered by the seaman’s employer. 

(3) To qualify for protection against the seaman’s employer 

under paragraph (1)(B), the employee must have sought from 

the employer, and been unable to obtain, correction of the unsafe condition. 

(b) A seaman alleging discharge or discrimination in violation of 

subsection (a) of this section, or another person at the seaman’s request, may file a complaint with respect to such allegation in the 

same manner as a complaint may be filed under subsection (b) of 

section 31105 of title 49. Such complaint shall be subject to the procedures, requirements, and rights described in that section, including with respect to the right to file an objection, the right of a person to file for a petition for review under subsection (c) of that section, and the requirement to bring a civil action under subsection 

(d) of that section. 

§ 2118. Establishment of equipment standards 

(a) In establishing standards for approved equipment required on 

vessels subject to part B of this øtitle¿ subtitle, the Secretary shall 

establish standards that are— 

(1) based on performance using the best available technology 

that is economically achievable; and 

(2) operationally practical. 

(b) Using the standards established under subsection (a), the 

Secretary may also certify lifesaving equipment that is not required 

to be carried on vessels subject to part B of this øtitle¿ subtitle to 

ensure that such equipment is suitable for its intended purpose. 

(c) At least once every 10 years the Secretary shall review and 

revise the standards established under subsection (a) to ensure 

that the standards meet the requirements of this section. 

PART B. INSPECTION AND REGULATION OF VESSELS

CHAPTER 37. CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

§ 3702. Application 

(a) Subject to subsections (b)-(e) of this section, this chapter applies to a tank vessel. 

(b) This chapter does not apply to a documented vessel that 

would be subject to this chapter only because of the transfer of fuel 


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49 

from the fuel supply tanks of the vessel to offshore drilling or production facilities in the oil industry if the vessel is— 

(1) not a tanker; and 

(2) in the service of oil exploitation. 

(3) [Redesignated] 

ø(c) This chapter does not apply to a fishing or fish tender vessel 

of not more than 500 gross tons as measured under section 14502 

of this title, or an alternate tonnage measured under section 14302 

of this title as prescribed by the Secretary under section 14104 of 

this title when engaged only in the fishing industry.¿ 

(c)(1) Except as provided in paragraph (2), this chapter does not 

apply to a fishing or fish tender vessel of not more than 500 gross 

tons as measured under section 14502 of this title, or an alternate 

tonnage measured under section 14302 of this title as prescribed by 

the Secretary under section 14104 of this title when engaged only 

in the fishing industry. 

(2) A vessel described in paragraph (1) is subject to regulation by 

the Secretary under this chapter if the vessel is carrying flammable 

or combustible liquid cargoes in bulk. 

(d) This chapter does not apply to a fish processing vessel of not 

more than 5,000 gross tons as measured under section 14502 of 

this title, or an alternate tonnage measured under section 14302 of 

this title as prescribed by the Secretary under section 14104 of this 

title. However, the vessel is subject to regulation by the Secretary 

when carrying flammable or combustible liquid cargo in bulk. 

(e) This chapter does not apply to a foreign vessel on innocent 

passage on the navigable waters of the United States. 

(f) This chapter does not apply to an oil spill response vessel if— 

(1) the vessel is used only in response-related activities; or 

(2) the vessel is— 

(A) not more than 500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured 

under section 14302 of this title as prescribed by the Secretary under section 14104 of this title; 

(B) designated in its certificate of inspection as an oil 

spill response vessel; and 

(C) engaged in response-related activities. 

§ 3715. Lightering 

(a) A vessel may transfer oil or hazardous material in a port or 

place subject to the jurisdiction of the United States, when the 

cargo has been transferred from another vessel on the navigable 

waters of the United States or in the marine environment, only if— 

(1) the transfer was conducted consistent with regulations 

prescribed by the Secretary; 

(2) both the delivering and receiving vessels had on board, 

at the time of transfer, a certificate of inspection or a certificate of compliance, as would have been required under section 

3710 or 3711 of this title, had the transfer taken place in a 

port or place subject to the jurisdiction of the United States; 

øand¿ 

(3) the delivering and the receiving vessel had on board at 

the time of transfer, a certificate of financial responsibility as 

would have been required under section 1016 of the Oil PolluVerDate Sep 11 2014 01:22 Dec 05, 2015 Jkt 059010 PO 00000 Frm 00051 Fmt 6659 Sfmt 6602 E:\HR\OC\SR168.XXX SR168

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tion Act of 1990, had the transfer taken place in a place subject to the jurisdiction of the United States; 

(4) the delivering and the receiving vessel had on board at 

the time of transfer, evidence that each vessel is operating in 

compliance with section 311(j) of the Federal Water Pollution 

Control Act (33 U.S.C. 1321(j)); and 

(5) the delivering and the receiving vessel are operating in 

compliance with section 3703a of this title. 

(b) The Secretary shall prescribe regulations to carry out subsection (a) of this section. The regulations shall include provisions 

on— 

(1) minimum safe operating conditions, including sea state, 

wave height, weather, proximity to channels or shipping lanes, 

and other similar factors; 

(2) the prevention of spills; 

(3) equipment for responding to a spill; 

(4) the prevention of any unreasonable interference with 

navigation or other reasonable uses of the high seas, as those 

uses are defined by treaty, convention, or customary international law; 

(5) the establishment of lightering zones; and 

(6) requirements for communication and prearrival messages. 

CHAPTER 43. RECREATIONAL VESSELS

§ 4302. Regulations 

(a) The Secretary may prescribe regulations— 

(1) establishing minimum safety standards for recreational 

vessels and associated equipment, and establishing procedures 

and tests required to measure conformance with those standards, with each standard— 

(A) meeting the need for recreational vessel safety; and 

(B) being stated, insofar as practicable, in terms of performance; 

(2) requiring the installation, carrying, or use of associated 

equipment (including fuel systems, ventilation systems, electrical systems, sound-producing devices, firefighting equipment, lifesaving devices, signaling devices, ground tackle, lifeand grab-rails, and navigational equipment) on recreational 

vessels and classes of recreational vessels subject to this chapter, and prohibiting the installation, carrying, or use of associated equipment that does not conform with safety standards 

established under this section; and 

(3) requiring or permitting the display of seals, labels, plates, 

insignia, or other devices for certifying or evidencing compliance with safety regulations and standards of the United 

States Government for recreational vessels and associated 

equipment. 

(b) Each regulation prescribed under this section shall specify an 

effective date that is not earlier than 180 days from the date the 

regulation was published, unless the Secretary finds that there exists a recreational vessel safety hazard so critical as to require an 

earlier effective date. However, this period may not be more than 

24 months for cases involving, in the discretion of the Secretary, 


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1Subsection (e) of section 4302 of title 46, United States Code, shall only apply with respect 

to recreational vessels and associated equipment constructed or manufactured, respectively, on or 

after June 1, 2015. 

major product design, retooling, or major changes in the manufacturing process. 

(c) In prescribing regulations under this section, the Secretary 

shall, among other things— 

(1) consider the need for and the extent to which the regulations will contribute to recreational vessel safety; 

(2) consider relevant available recreational vessel safety 

standards, statistics, and data, including public and private research, development, testing, and evaluation; 

(3) not compel substantial alteration of a recreational vessel 

or item of associated equipment that is in existence, or the construction or manufacture of which is begun before the effective 

date of the regulation, but subject to that limitation may require compliance or performance, to avoid a substantial risk of 

personal injury to the public, that the Secretary considers appropriate in relation to the degree of hazard that the compliance will correct; and 

(4) consult with the National Boating Safety Advisory Council established under section 13110 of this title about the considerations referred to in clauses (1)-(3) of this subsection. 

(d) Section 8903 of this title does not apply to a vessel being operated for bona fide dealer demonstrations provided without fee to 

business invitees. However, if on the basis of substantial evidence, 

the Secretary decides under this section that requiring vessels so 

operated to be under the control of licensed individuals is necessary 

for boating safety, then the Secretary may prescribe regulations requiring the licensing of individuals controlling these vessels in the 

same manner as provided in chapter 89 of this title for individuals 

in control of vessels carrying passengers for hire. 

(e)(1) If in prescribing regulations under this section the Secretary 

establishes a model year for recreational vessels and associated 

equipment, such model year shall, except as provided in paragraph 

(2)— 

(A) begin on June 1 of a year and end on July 31 of the following year; and 

(B) be designated by the year in which it ends. 

(2) Upon the request of a recreational vessel manufacturer to 

which this chapter applies, the Secretary may alter a model year for 

a model of recreational vessel of the manufacturer and associated 

equipment, by no more than 6 months from the model year described in paragraph (1).1

CHAPTER 45. UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

§ 4503. Fishing, fish tender, and fish processing vessel certification 

(a) A vessel to which this section applies may not be operated unless the vessel— 

(1) meets all survey and classification requirements prescribed by the American Bureau of Shipping or another similarly qualified organization approved by the Secretary; and 


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52 

(2) has on board a certificate issued by the American Bureau 

of Shipping or that other organization evidencing compliance 

with this subsection. 

(b) This section applies to a fish processing vessel to which this 

chapter applies that— 

(1) is built after July 27, 1990; or 

(2) undergoes a major conversion completed after that date. 

(c)(1) This section applies to a vessel to which section 4502(b) of 

this title applies that is at least 50 feet overall in length and is 

built after July 1, 2013. 

(2) This section does not apply to a fishing or fish tender vessel 

to which section 4502(b) of this title applies, if— 

(A) the vessel is at least 50 feet overall in length, and not 

more than 190 feet overall in length; 

(B) the vessel is built after January 1, 2016; 

(C) the vessel is designed by a registered professional engineer, and the design incorporates standards equivalent to those 

prescribed by a classification society designated under section 

3316 of this title or another qualified organization approved by 

the Secretary; 

(D) construction of such vessel is overseen and certified as 

being in accordance with its design by a marine surveyor of an 

organization accepted by the Secretary; and 

(E) the vessel— 

(i) completes a stability test performed by a qualified individual; 

(ii) has written stability and loading instructions from a 

qualified individual that are provided to the owner or operator; and 

(iii) has an assigned loading mark. 

(3) The person who owns a vessel meeting the requirements of 

paragraph (2) shall— 

(A) not modify or substantially change such vessel unless 

such modification or change is reviewed and approved by a registered professional engineer prior to beginning any modification or change; 

(B) complete a condition survey at least biennially to the satisfaction of a marine surveyor of an organization accepted by 

the Secretary; 

(C) complete an out-of-water survey at least once every five 

years to the satisfaction of a certified marine surveyor of an organization accepted by the Secretary; 

(D) update the requirements specified in paragraph (2)(E) 

once every five years or at the time of a modification or substantial change to such vessel; and 

(E) for the life of the vessel, maintain records to demonstrate 

compliance with this subsection, and make such records readily 

available for inspection by an official authorized to enforce this 

chapter. 

(d)(1) After January 1, 2020, a fishing vessel, fish processing vessel, or fish tender vessel to which section 4502(b) of this title applies shall comply with an alternate safety compliance program 

that is developed in cooperation with the commercial fishing industry and prescribed by the Secretary, if the vessel— 

(A) is at least 50 feet overall in length; 


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53 

(B) is built before July 1, 2013; and 

(C) is 25 years of age or older. 

(2) A fishing vessel, fish processing vessel, or fish tender vessel built before July 1, 2013, that undergoes a major conversion 

completed after the later of July 1, 2013, or the date the Secretary establishes standards for an alternate safety compliance 

program, shall comply with such an alternative safety compliance program that is developed in cooperation with the commercial fishing industry and prescribed by the Secretary. 

(3) Alternative safety compliance programs may be developed 

for purposes of paragraph (1) for specific regions and fisheries. 

(4) Notwithstanding paragraph (1), vessels owned by a person that owns more than 30 vessels subject to that paragraph 

are not required to meet the alternate safety compliance requirements of that paragraph until January 1, 2030, if that 

owner enters into a compliance agreement with the Secretary 

that provides for a fixed schedule for all of the vessels owned 

by that person to meet requirements of that paragraph by that 

date and the vessel owner is meeting that schedule. 

(5) A fishing vessel, fish processing vessel, or fish tender vessel to which section 4502(b) of this title applies that was 

classed before July 1, 2012, shall— 

(A) remain subject to the requirements of a classification 

society approved by the Secretary; and 

(B) have on board a certificate from that society. 

(e) For the purposes of this section, the term ‘‘built’’ means, with 

respect to a vessel, that the vessel’s construction has reached any 

of the following stages: 

(1) The vessel’s keel is laid. 

(2) Construction identifiable with the vessel has begun and 

assembly of that vessel has commenced comprising of at least 

50 metric tons or one percent of the estimated mass of all 

structural material, whichever is less. 

§ 4506. Exemptions 

ø(a)¿ The Secretary may exempt a vessel from any part of this 

chapter if, under regulations prescribed by the Secretary (including 

regulations on special operating conditions), the Secretary finds 

that— 

(1) good cause exists for granting an exemption; and 

(2) the safety of the vessel and those on board will not be adversely affected. 

PART E. MERCHANT SEAMEN LICENSES, CERTIFICATES, AND

DOCUMENTS

CHAPTER 71. LICENSES AND CERTIFICATES OF REGISTRY

§ 7116. Examinations for merchant seaman licenses, certificates, and documents 

(a) REQUIREMENT FOR SAMPLE EXAMS.—The Secretary shall develop a sample merchant mariner exam and outline of merchant 

mariner exam topics on an annual basis. 

(b) PUBLIC AVAILABILITY.—Each sample exam and outline of topics developed under subsection (a) shall be readily available to the 

public. 


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PART F. MANNING OF VESSELS

CHAPTER 81. GENERAL

§ 8103. Citizenship and navy reserve requirements 

(b)(1) Except as otherwise provided in this section, on a documented vessel— 

(A) each unlicensed seaman must be— 

(i) a citizen of the United States; 

(ii) an alien lawfully admitted to the United States 

for permanent residence; or 

(iii) a foreign national who is enrolled in the United 

States Merchant Marine øAcademy.¿ Academy; and 

(B) not more than 25 percent of the total number of unlicensed seamen on the vessel may be aliens lawfully admitted to the United States for permanent residence. 

(2) Paragraph (1) of this subsection does not apply to— 

(A) a yacht; 

(B) a fishing vessel fishing exclusively for highly migratory species (as that term is defined in section 3 of the 

Magnuson-Stevens Fishery Conservation and Management 

Act (16 U.S.C. 1802)); and 

(C) a fishing vessel fishing outside of the exclusive economic zone. 

(3) The Secretary may waive a citizenship requirement 

under this section, other than a requirement that applies to 

the master of a documented vessel, with respect to— 

(A) an offshore supply vessel or other similarly engaged 

vessel of less than 1,600 gross tons as measured under section 14502 of this title, or an alternate tonnage measured 

under section 14302 of this title as prescribed by the Secretary under section 14104 of this title that operates from 

a foreign port; 

(B) a mobile offshore drilling unit or other vessel engaged in support of exploration, exploitation, or production 

of offshore mineral energy resources operating beyond the 

water above the outer Continental Shelf (as that term is 

defined in section 2(a) of the Outer Continental Shelf 

Lands Act (43 U.S.C. 1331(a)); and 

(C) any other vessel if the Secretary determines, after an 

investigation, that qualified seamen who are citizens of the 

United States are not available. 

* * * * * * * 

PART I. STATE BOATING SAFETY PROGRAMS

CHAPTER 131. RECREATIONAL BOATING SAFETY

§ 13104. Allocations 

(a) The Secretary shall allocate amounts available for allocation 

and distribution under this chapter for State recreational boating 

safety programs as follows: 

(1) One-third shall be allocated equally each fiscal year 

among eligible States. 

(2) One-third shall be allocated among eligible States that 

maintain a State vessel numbering system approved under 


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55 

chapter 123 of this title and a marine casualty reporting system approved under this chapter so that the amount allocated 

each fiscal year to each eligible State will be in the same ratio 

as the number of vessels numbered in that State bears to the 

number of vessels numbered in all eligible States. 

(3) One-third shall be allocated so that the amount allocated 

each fiscal year to each eligible State will be in the same ratio 

as the amount of State amounts expended by the State for the 

State recreational boating safety program during the prior fiscal year bears to the total State amounts expended during that 

fiscal year by all eligible States for State recreational boating 

safety programs. 

(b) The amount received by a State under this section in a fiscal 

year may be not more than one-half of the total cost incurred by 

that State in developing, carrying out, and financing that State’s 

recreational boating safety program in that fiscal year. 

ø(c) The Secretary may allocate not more than 5 percent of the 

amounts available for allocation and distribution in a fiscal year for 

national boating safety activities of national nonprofit public service organizations.¿ 

§ 13107. Authorization of appropriations 

(a)ø(1) Subject to paragraph (2) and subsection (c),¿ Subject to 

subsection (c), the Secretary shall expend in each fiscal year for 

State recreational boating safety programs, under contracts with 

States under this chapter, an amount equal to the sum of (A) the 

amount made available from the Boat Safety Account for that fiscal 

year under under section 15 of the Dingell-Johnson Sport Fish Restoration Act and (B) the amount transferred to the Secretary under 

subsections (a)(2) and (f) of section 4 of the Dingell-Johnson Sport 

Fish Restoration Act (16 U.S.C. 777c(a)(2) and (f)). The amount 

shall be allocated as provided under section 13104 of this title and 

shall be available for State recreational boating safety programs as 

provided under the guidelines established under subsection (b) of 

this section. Amounts authorized to be expended for State recreational boating safety programs shall remain available until expended and are deemed to have been expended only if an amount 

equal to the total amounts authorized to be expended under this 

section for the fiscal year in question and all prior fiscal years have 

been obligated. Amounts previously obligated but released by payment of a final voucher or modification of a program acceptance 

shall be credited to the balance of unobligated amounts and are immediately available for expenditure. 

ø(2) The Secretary shall use not more than two percent of 

the amount available each fiscal year for State recreational 

boating safety programs under this chapter to pay the costs of 

investigations, personnel, and activities related to administering those programs.¿ 

(b) The Secretary shall establish guidelines prescribing the purposes for which amounts available under this chapter for State recreational boating safety programs may be used. Those purposes 

shall include— 

(1) providing facilities, equipment, and supplies for boating 

safety education and law enforcement, including purchase, operation, maintenance, and repair; 


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56 

(2) training personnel in skills related to boating safety and 

to the enforcement of boating safety laws and regulations; 

(3) providing public boating safety education, including educational programs and lectures, to the boating community and 

the public school system; 

(4) acquiring, constructing, or repairing public access sites 

used primarily by recreational boaters; 

(5) conducting boating safety inspections and marine casualty investigations; 

(6) establishing and maintaining emergency or search and 

rescue facilities, and providing emergency or search and rescue 

assistance; 

(7) establishing and maintaining waterway markers and 

other appropriate aids to navigation; and 

(8) providing State recreational vessel numbering and titling 

programs. 

(c)(1) Of the amount transferred to the Secretary under subsection (a)(2) of section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(a)(2)), $5,500,000 is available to the 

Secretary for payment of expenses of the Coast Guard for personnel 

and activities directly related to coordinating and carrying out the 

national recreational boating safety program under this øtitle, of 

which not less than $2,000,000 shall be available to the Secretary 

only to ensure compliance with chapter 43 of this title.¿ title— 

(A) including the funding of the National Boating Safety 

Advisory Council established under section 13110 of this 

title and the authorized activities of the Council, including 

travel for the council; and 

(B) of the funds referred to in paragraph (1), not less 

than $2,500,000 shall be available to the Secretary only to 

ensure compliance with chapter 43 of this title. 

(2) No funds available to the Secretary under this subsection 

may be used to replace funding traditionally provided through 

general appropriations, nor for any purposes except those purposes authorized by this section. 

(3) Amounts made available by this subsection shall remain 

available during the 2 succeeding fiscal years. Any amount 

that is unexpended or unobligated at the end of the 3-year period during which it is available shall be withdrawn by the 

Secretary and allocated to the States in addition to any other 

amounts available for allocation in the fiscal year in which 

they are withdrawn or the following fiscal year. 

(4) The Secretary shall publish annually in the Federal Register a detailed accounting of the projects, programs, and activities funded under this subsection. 

§ 13110. National Boating Safety Advisory Council 

* * * * * * * 

(e) The Council shall terminate on September 30, ø2020¿ 2023. 

§ 13111. Recreational vessel operator education 

(a) AUTHORITY TO DEVELOP MODEL CURRICULUM.—The Secretary 

may develop and propose a model for a national recreational vessel 

training curriculum and education standards for operators of recreational vessels equipped with propulsion machinery of any kind. 


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57 

(b) PURPOSE.—The purpose of the model curriculum developed 

under subsection (a) is to promote uniformity of boating safety 

awareness and education and improve reciprocity of recreational 

vessel operator certificates and licenses among the States. 

SUBTITLE V. MERCHANT MARINE

PART C. FINANCIAL ASSISTANCE PROGRAMS

CHAPTER 537. LOANS AND GUARANTEES

SUBCHAPTER I. GENERAL

§ 53701. Definitions 

In this chapter: 

* * * * * * * 

(8) HISTORICAL USES.—The term ‘‘historical uses’’ includes— 

(A) refurbishing, repairing, rebuilding, or replacing 

equipment on a fishing vessel, without materially increasing harvesting capacity; 

(B) purchasing a used fishing vessel; 

(C) purchasing, constructing, expanding, or reconditioning a fishery facility; 

(D) refinancing existing debt; 

(E) reducing fishing capacity; and 

(F) making upgrades to a fishing vessel, including upgrades in technology, gear, or equipment, that improve— 

(i) collection and reporting of fishery-dependent data; 

(ii) bycatch reduction or avoidance; 

(iii) gear selectivity; 

(iv) adverse impacts caused by fishing gear; or 

(v) safety. 

ø(8)¿(9) MORTGAGE.—The term ‘‘mortgage’’ includes— 

(A) a preferred mortgage as defined in section 31301 of 

this title; and 

(B) a mortgage on a vessel that will become a preferred 

mortgage when filed or recorded under chapter 313 of this 

title. 

ø(9)¿(10) OBLIGATION.—The term ‘‘obligation’’ means an instrument of indebtedness issued for a purpose described in section 53706 of this title, except— 

(A) an obligation issued by the Secretary or Administrator under section 53723 of this title; and 

(B) an obligation eligible for investment of funds under 

section 53715(f) or 53717 of this title. 

ø(10)¿(11) OBLIGEE.—The term ‘‘obligee’’ means the holder of 

an obligation. 

ø(11)¿(12) OBLIGOR.—The term ‘‘obligor’’ means a party primarily liable for payment of the principal of or interest on an 

obligation. 

ø(12)¿(13) OCEAN THERMAL ENERGY CONVERSION FACILITY OR

PLANTSHIP.—The term ‘‘ocean thermal energy conversion facility or plantship’’ means an at-sea facility or vessel, whether 

mobile, floating unmoored, moored, or standing on the seabed, 

that uses temperature differences in ocean water to produce 


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58 

electricity or another form of energy capable of being used directly to perform work, and includes— 

(A) equipment installed on the facility or vessel to use 

the electricity or other form of energy to produce, process, 

refine, or manufacture a product; 

(B) a cable or pipeline used to deliver the electricity, 

freshwater, or product to shore; and 

(C) other associated equipment and appurtenances of the 

facility or vessel to the extent they are located seaward of 

the high water mark. 

ø(13)¿(14) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Commerce with respect to fishing vessels and fishery 

facilities. 

ø(14)¿(15) VESSEL.—The term ‘‘vessel’’ means any type of 

vessel, whether in existence or under construction, including— 

(A) a cargo vessel; 

(B) a passenger vessel; 

(C) a combination cargo and passenger vessel; 

(D) a tanker; 

(E) a tug or towboat; 

(F) a barge; 

(G) a dredge; 

(H) a floating drydock with a capacity of at least 35,000 

lifting tons and a beam of at least 125 feet between the 

wing walls; 

(I) an oceanographic research vessel; 

(J) an instruction vessel; 

(K) a pollution treatment, abatement, or control vessel; 

(L) a fishing vessel whose ownership meets the citizenship requirements under section 50501 of this title for documenting vessels to operate in the coastwise trade; and 

(M) an ocean thermal energy conversion facility or 

plantship that is or will be documented under the laws of 

the United States. 

§ 53702. General authority 

(a) IN GENERAL.—The Secretary or Administrator, on terms the 

Secretary or Administrator may prescribe, may guarantee or make 

a commitment to guarantee the payment of the principal of and interest on an obligation eligible to be guaranteed under this chapter. 

A guarantee or commitment to guarantee shall cover 100 percent 

of the principal and interest. 

(b) DIRECT LOANS FOR FISHERIES.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

this chapter, any obligation involving a fishing vessel, fishery 

facility, aquaculture facility, individual fishing quota, or fishing 

capacity reduction program issued under this chapter after October 11, 1996, shall be a direct loan obligation for which the 

Secretary shall be the obligee, rather than an obligation issued 

to an obligee other than the Secretary and guaranteed by the 

Secretary. A direct loan obligation under this subsection shall 

be treated in the same manner and to the same extent as an 

obligation guaranteed under this chapter except with respect to 

provisions of this chapter that by their nature can only be applied to obligations guaranteed under this chapter. 


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59 

(2) INTEREST RATE.—Notwithstanding any other provision of 

this chapter, the annual rate of interest an obligor shall pay 

on a direct loan obligation under this subsection is 2 percent 

plus the additional percent the Secretary must pay as interest 

to borrow from the Treasury the funds to make the loan. 

(3) MINIMUM OBLIGATIONS AVAILABLE FOR HISTORICAL

USES.—Of the direct loan obligations issued by the Secretary 

under this chapter, the Secretary shall make a minimum of 

$59,000,000 available each fiscal year for historical uses. 

(4) USE OF OBLIGATIONS IN LIMITED ACCESS FISHERIES.—In 

addition to the other eligible purposes and uses of direct loan 

obligations provided for in this chapter, the Secretary is authorized to issue direct loan obligations for the purpose of— 

(A) financing the construction or reconstruction of a fishing vessel in a fishery managed under a limited access system; or 

(B) financing the purchase of harvesting rights in a fishery that is federally managed under a limited access system. 

SUBTITLE VII. SECURITY AND DRUG ENFORCEMENT

CHAPTER 701. PORT SECURITY

SUBCHAPTER I. GENERAL

§ 70105. Transportation security cards 

* * * * * * * 

(c) DETERMINATION OF TERRORISM SECURITY RISK.— 

(1) DISQUALIFICATIONS.— 

(A) PERMANENT DISQUALIFYING CRIMINAL OFFENSES.— 

Except as provided under paragraph (2), an individual is 

permanently disqualified from being issued a biometric 

transportation security card under subsection (b) if the individual has been convicted, or found not guilty by reason 

of insanity, in a civilian or military jurisdiction of any of 

the following felonies: 

(i) Espionage or conspiracy to commit espionage. 

(ii) Sedition or conspiracy to commit sedition. 

(iii) Treason or conspiracy to commit treason. 

(iv) A Federal crime of terrorism (as defined in section 2332b(g) of title 18), a crime under a comparable 

State law, or conspiracy to commit such crime. 

(v) A crime involving a transportation security incident. 

(vi) Improper transportation of a hazardous material 

in violation of section 5104(b) of title 49, or a comparable State law. 

(vii) Unlawful possession, use, sale, distribution, 

manufacture, purchase, receipt, transfer, shipment, 

transportation, delivery, import, export, or storage of, 

or dealing in, an explosive or explosive device. In this 

clause, an explosive or explosive device includes— 

(I) an explosive (as defined in sections 232(5) 

and 844(j) of title 18); 


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60 

(II) explosive materials (as defined in subsections (c) through (f) of section 841 of title 18); 

and 

(III) a destructive device (as defined in 921(a)(4) 

of title 18 or section 5845(f) of the Internal Revenue Code of 1986). 

(viii) Murder. 

(ix) Making any threat, or maliciously conveying 

false information knowing the same to be false, concerning the deliverance, placement, or detonation of an 

explosive or other lethal device in or against a place 

of public use, a State or other government facility, a 

public transportation system, or an infrastructure facility. 

(x) A violation of chapter 96 of title 18, popularly 

known as the Racketeer Influenced and Corrupt Organizations Act, or a comparable State law, if one of the 

predicate acts found by a jury or admitted by the defendant consists of one of the crimes listed in this subparagraph. 

(xi) Attempt to commit any of the crimes listed in 

clauses (i) through (iv). 

(xii) Conspiracy or attempt to commit any of the 

crimes described in clauses (v) through (x). 

(B) INTERIM DISQUALIFYING CRIMINAL OFFENSES.—Except 

as provided under paragraph (2), an individual is disqualified from being issued a biometric transportation security 

card under subsection (b) if the individual has been convicted, or found not guilty by reason of insanity, during the 

7-year period ending on the date on which the individual 

applies for such card, or was released from incarceration 

during the 5-year period ending on the date on which the 

individual applies for such card, of any of the following 

felonies: 

(i) Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipment, transportation, delivery, import, export, or storage of, or 

dealing in, a firearm or other weapon. In this clause, 

a firearm or other weapon includes— 

(I) firearms (as defined in section 921(a)(3) of 

title 18 or section 5845(a) of the Internal Revenue 

Code of 1986); and 

(II) items contained on the U.S. Munitions Import List under section 447.21 of title 27, Code of 

Federal Regulations. 

(ii) Extortion. 

(iii) Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering if the money 

laundering is related to a crime described in this subparagraph or subparagraph (A). In this clause, welfare 

fraud and passing bad checks do not constitute dishonesty, fraud, or misrepresentation. 

(iv) Bribery. 

(v) Smuggling. 

(vi) Immigration violations. 


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61 

(vii) Distribution of, possession with intent to distribute, or importation of a controlled substance. 

(viii) Arson. 

(ix) Kidnaping or hostage taking. 

(x) Rape or aggravated sexual abuse. 

(xi) Assault with intent to kill. 

(xii) Robbery. 

(xiii) Conspiracy or attempt to commit any of the 

crimes listed in this subparagraph. 

(xiv) Fraudulent entry into a seaport in violation of 

section 1036 of title 18, or a comparable State law. 

(xv) A violation of the chapter 96 of title ø18, popularly¿ 18 (popularly known as the Racketeer Influenced and Corrupt Organizations øAct¿ Act) or a comparable State law, other than any of the violations 

listed in subparagraph (A)(x). 

(C) UNDER WANT, WARRANT, OR INDICTMENT.—An applicant who is wanted, or under indictment, in any civilian 

or military jurisdiction for a felony listed in paragraph 

(1)(A), is disqualified from being issued a biometric transportation security card under subsection (b) until the want 

or warrant is released or the indictment is dismissed. 

(D) OTHER POTENTIAL DISQUALIFICATIONS.—Except as 

provided under subparagraphs (A) through (C), an individual may not be denied a transportation security card 

under subsection (b) unless the Secretary determines that 

individual— 

(i) has been convicted within the preceding 7-year 

period of a felony or found not guilty by reason of insanity of a felony— 

(I) that the Secretary believes could cause the 

individual to be a terrorism security risk to the 

United States; or 

(II) for causing a severe transportation security 

incident; 

(ii) has been released from incarceration within the 

preceding 5-year period for committing a felony described in clause (i); 

(iii) may be denied admission to the United States 

or removed from the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or 

(iv) otherwise poses a terrorism security risk to the 

United States. 

(E) MODIFICATION OF LISTED OFFENSES.—The Secretary 

may, by rulemaking, add to or modify the list of disqualifying crimes described in paragraph (1)(B). 

(2) The Secretary shall prescribe regulations that establish a 

waiver process for issuing a transportation security card to an 

individual found to be otherwise ineligible for such a card 

under subparagraph (A), (B), or ø(D) paragraph¿ (D) of paragraph (1). In deciding to issue a card to such an individual, the 

Secretary shall— 

(A) give consideration to the circumstances of any disqualifying act or offense, restitution made by the individual, Federal and State mitigation remedies, and other 


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62 

factors from which it may be concluded that the individual 

does not pose a terrorism risk warranting denial of the 

card; and 

(B) issue a waiver to an individual without regard to 

whether that individual would otherwise be disqualified if 

the individual’s employer establishes alternate security arrangements acceptable to the Secretary. 

(3) Denial of waiver review. 

(A) IN GENERAL.—The Secretary shall establish a review 

process before an administrative law judge for individuals 

denied a waiver under paragraph (2). 

(B) SCOPE OF REVIEW.—In conducting a review under the 

process established pursuant to subparagraph (A), the administrative law judge shall be governed by the standards 

of section 706 of title 5. The substantial evidence standard 

in section 706(2)(E) of title 5 shall apply whether or not 

there has been an agency hearing. The judge shall review 

all facts on the record of the agency. 

(C) CLASSIFIED EVIDENCE.—The Secretary, in consultation with the Director of National Intelligence, shall issue 

regulations to establish procedures by which the Secretary, 

as part of a review conducted under this paragraph, may 

provide to the individual adversely affected by the determination an unclassified summary of classified evidence 

upon which the denial of a waiver by the Secretary was 

based. 

(D) REVIEW OF CLASSIFIED EVIDENCE BY ADMINISTRATIVE

LAW JUDGE.— 

(i) REVIEW.—As part of a review conducted under 

this section, if the decision of the Secretary was based 

on classified information (as defined in section 1(a) of 

the Classified Information Procedures Act (18 U.S.C. 

App.)), such information may be submitted by the Secretary to the reviewing administrative law judge, pursuant to appropriate security procedures, and shall be 

reviewed by the administrative law judge ex parte and 

in camera. 

(ii) SECURITY CLEARANCES.—Pursuant to existing 

procedures and requirements, the Secretary, in coordination (as necessary) with the heads of other affected 

departments or agencies, shall ensure that administrative law judges reviewing negative waiver decisions of 

the Secretary under this paragraph possess security 

clearances appropriate for such review. 

(iii) UNCLASSIFIED SUMMARIES OF CLASSIFIED EVIDENCE.—As part of a review conducted under this 

paragraph and upon the request of the individual adversely affected by the decision of the Secretary not to 

grant a waiver, the Secretary shall provide to the individual and reviewing administrative law judge, consistent with the procedures established under clause 

(i), an unclassified summary of any classified information upon which the decision of the Secretary was 

based. 


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63 

(E) NEW EVIDENCE.—The Secretary shall establish a 

process under which an individual may submit a new request for a waiver, notwithstanding confirmation by the 

administrative law judge of the Secretary’s initial denial of 

the waiver, if the request is supported by substantial evidence that was not available to the Secretary at the time 

the initial waiver request was denied. 

(4) The Secretary shall establish an appeals process under 

this section for individuals found to be ineligible for a transportation security card that includes notice and an opportunity for 

a hearing. 

(5) Upon application, the Secretary may issue a transportation security card to an individual if the Secretary has previously determined, under section 5103a of title 49, that the individual does not pose a security risk. 

§ 70107. Grants 

(a) IN GENERAL.—The Secretary shall establish a grant program 

for the allocation of funds based on risk to implement Area Maritime Transportation Security Plans and facility security plans 

among port authorities, facility operators, and State and local government agencies required to provide port security services and to 

train law enforcement personnel under section 70132 of this title. 

Before awarding a grant under the program, the Secretary shall 

provide for review and comment by the appropriate Federal Maritime Security Coordinators and the Maritime Administrator. In administering the grant program, the Secretary shall take into account national economic, energy, and strategic defense concerns 

based upon the most current risk assessments available. 

(b) ELIGIBLE COSTS.—The following costs of funding the correction of Coast Guard identified vulnerabilities in port security and 

ensuring compliance with Area Maritime Transportation Security 

Plans and facility security plans are eligible to be funded: 

(1) Salary, benefits, overtime compensation, retirement contributions, and other costs of additional Coast Guard mandated 

security personnel. 

(2) The cost of acquisition, operation, and maintenance of security equipment or facilities to be used for security monitoring 

and recording, security gates and fencing, marine barriers for 

designated security zones, security-related lighting systems, remote surveillance, concealed video systems, security vessels, 

and other security-related infrastructure or equipment that 

contributes to the overall security of passengers, cargo, or 

crewmembers. Grants awarded under this section may not be 

used to construct buildings or other physical facilities, except 

those which are constructed under terms and conditions consistent with the requirements under section 611(j)(8) of the 

Robert T. Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. ø5121(j)(8)),¿ 5196(j)(8)), including those facilities in support of this paragraph, and specifically approved by 

the Secretary. Costs eligible for funding under this paragraph 

may not exceed the greater of— 

(A) $1,000,000 per project; or 


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64 

(B) such greater amount as may be approved by the Secretary, which may not exceed 10 percent of the total 

amount of the grant. 

(3) The cost of screening equipment, including equipment 

that detects weapons of mass destruction and conventional explosives, and of testing and evaluating such equipment, to certify secure systems of transportation. 

(4) The cost of conducting vulnerability assessments to 

evaluate and make recommendations with respect to security. 

(5) The cost of conducting exercises or training for prevention 

and detection of, preparedness for, response to, or recovery 

from terrorist attacks. 

(6) The cost of establishing or enhancing mechanisms for 

sharing terrorism threat information and ensuring that the 

mechanisms are interoperable with Federal, State, and local 

agencies. 

(7) The cost of equipment (including software) required to receive, transmit, handle, and store classified information. 

(8) The cost of training law enforcement personnel— 

(A) to enforce a security zone under section 70132 of this 

title; or 

(B) assist in the enforcement of a security zone. 

* * * * * * * 

(m) INVESTIGATIONS.— 

(1) IN GENERAL.—The Secretary shall conduct investigations, 

fund pilot programs, and award grants, to examine or develop— 

(A) methods or programs to increase the ability to target 

for inspection vessels, cargo, crewmembers, or passengers 

that will arrive or have arrived at any port or place in the 

United States; 

(B) equipment to detect accurately explosives, chemical, 

or biological agents that could be used in a transportation 

security incident against the United States; 

(C) equipment to detect accurately nuclear or radiological materials, including scintillation-based detection 

equipment capable of signalling the presence of nuclear or 

radiological materials; 

(D) improved tags and seals designed for use on shipping 

containers to track the transportation of the merchandise 

in such containers, including sensors that are able to track 

a container throughout its entire supply chain, detect hazardous and radioactive materials within that container, 

and transmit that information to the appropriate law enforcement authorities; 

(E) tools, including the use of satellite tracking systems, 

to increase the awareness of maritime areas and to identify potential transportation security incidents that could 

have an impact on facilities, vessels, and infrastructure on 

or adjacent to navigable waterways, including underwater 

access; 

(F) tools to mitigate the consequences of a transportation 

security incident on, adjacent to, or under navigable 

waters of the United States, including sensor equipment, 


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65 

and other tools to help coordinate effective response to a 

transportation security incident; 

(G) applications to apply existing technologies from other 

areas or industries to increase overall port security; 

(H) improved container design, including blast-resistant 

containers; and 

(I) methods to improve security and sustainability of 

port facilities in the event of a maritime transportation security incident, including specialized inspection facilities. 

(2) IMPLEMENTATION OF TECHNOLOGY.— (A) IN GENERAL.—In conjunction with ongoing efforts to 

improve security at United States ports, the Secretary may 

conduct pilot projects at United States ports to test the effectiveness and applicability of new port security projects, 

including— 

(i) testing of new detection and screening technologies; 

(ii) projects to protect United States ports and infrastructure on or adjacent to the navigable waters of the 

United States, including underwater access; and 

(iii) tools for responding to a transportation security 

incident at United States ports and infrastructure on 

or adjacent to the navigable waters of the United 

States, including underwater access. 

(B) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary $35,000,000 

for each of fiscal years 2005 through 2009 to carry out this 

subsection. 

(3) NATIONAL PORT SECURITY CENTERS.— 

(A) IN GENERAL.—The Secretary may make grants or 

enter into cooperative agreements with eligible nonprofit 

institutions of higher learning to conduct investigations in 

collaboration with ports and the maritime transportation 

industry focused on enhancing security of the Nation’s 

ports in accordance with this subsection through National 

Port Security Centers. 

(B) APPLICATIONS.—To be eligible to receive a grant 

under this paragraph, a nonprofit institution of higher 

learning, or a consortium of such institutions, shall submit 

an application to the Secretary in such form and containing such information as the Secretary may require. 

(C) COMPETITIVE SELECTION PROCESS.—The Secretary 

shall select grant recipients under this paragraph through 

a competitive process on the basis of the following criteria: 

(i) Whether the applicant can demonstrate that personnel, laboratory, and organizational resources will 

be available to the applicant to carry out the investigations authorized in this paragraph. 

(ii) The applicant’s capability to provide leadership 

in making national and regional contributions to the 

solution of immediate and long-range port and maritime transportation security and risk mitigation problems. 

(iii) Whether the applicant can demonstrate øthat 

is¿ that the applicant has an established, nationally 


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66 

recognized program in disciplines that contribute directly to maritime transportation safety and education. 

(iv) Whether the applicant’s investigations will involve major United States ports on the East Coast, the 

Gulf Coast, and the West Coast, and Federal agencies 

and other entities with expertise in port and maritime 

transportation. 

(v) Whether the applicant has a strategic plan for 

carrying out the proposed investigations under the 

grant. 

(4) ADMINISTRATIVE PROVISIONS.— 

(A) NO DUPLICATION OF EFFORT.—Before making any 

grant, the Secretary shall coordinate with other Federal 

agencies to ensure the grant will not duplicate work already being conducted with Federal funding. 

(B) ACCOUNTING.—The Secretary shall by regulation establish accounting, reporting, and review procedures to ensure that funds made available under paragraph (1) are 

used for the purpose for which they were made available, 

that all expenditures are properly accounted for, and that 

amounts not used for such purposes and amounts not expended are recovered. 

(C) RECORDKEEPING.—Recipients of grants shall keep all 

records related to expenditures and obligations of funds 

provided under paragraph (1) and make them available 

upon request to the Inspector General of the department 

in which the Coast Guard is operating and the Secretary 

for audit and examination. 

(5) ANNUAL REVIEW AND REPORT.—The Inspector General of 

the department in which the Coast Guard is operating shall 

annually review the programs established under this subsection to ensure that the expenditures and obligations of 

funds are consistent with the purposes for which they are provided, and report the findings to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee 

on Transportation and Infrastructure of the House of Representatives. 

§ 70108. Foreign port assessment 

(a) IN GENERAL.—The Secretary shall assess the effectiveness of 

the antiterrorism measures maintained at— 

(1) a foreign port— 

(A) served by vessels documented under chapter 121 of 

this title; or 

(B) from which foreign vessels depart on a voyage to the 

United States; and 

(2) any other foreign port the Secretary believes poses a security risk to international maritime commerce. 

(b) PROCEDURES.—In conducting an assessment under subsection 

(a), the Secretary shall assess the effectiveness of— 

(1) screening of containerized and other cargo and baggage; 

(2) security measures to restrict access to cargo, vessels, and 

dockside property to authorized personnel only; 

(3) additional security on board vessels; 


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67 

(4) licensing or certification of compliance with appropriate 

security standards; 

(5) the security management program of the foreign port; 

and 

(6) other appropriate measures to deter terrorism against the 

United States. 

(c) CONSULTATION.—In carrying out this section, the Secretary 

shall consult with— 

(1) the Secretary of Defense and the Secretary of State— 

(A) on the terrorist threat that exists in each country involved; and 

(B) to identify foreign ports that pose a high risk of introducing terrorism to international maritime commerce; 

(2) appropriate authorities of foreign governments; and 

(3) operators of vessels. 

(4) [Redesignated] 

(d) PERIODIC REASSESSMENT.—The Secretary, acting through the 

Commandant of the Coast Guard, shall reassess the effectiveness 

of antiterrorism measures maintained at ports as described under 

subsection (a) and of procedures described in subsection (b) not less 

than once every 3 years. 

(e) LIMITATION ON STATUTORY CONSTRUCTION.—The absence of 

an inspection of a foreign port shall not bar the Secretary from 

making a finding that a port in a foreign country does not maintain 

effective antiterrorism measures. 

(f) RECOGNITION OF ASSESSMENT CONDUCTED BY OTHER ENTI- TIES.— (1) CERTIFICATION AND TREATMENT OF ASSESSMENTS.—For 

the purposes of this section and section 70109, the Secretary 

may treat an assessment that a foreign government (including, 

for the purposes of this subsection, an entity of or operating 

under the auspices of the European Union) or international organization has conducted as an assessment that the Secretary 

has conducted for the purposes of subsection (a), provided that 

the Secretary certifies that the foreign government or international organization has— 

(A) conducted the assessment in accordance with subsection (b); and 

(B) provided the Secretary with sufficient information 

pertaining to its assessment (including, but not limited to, 

information on the outcome of the assessment). 

(2) AUTHORIZATION TO ENTER INTO AN AGREEMENT.—For the 

purposes of this section and section 70109, the Secretary, in 

consultation with the Secretary of State, may enter into an 

agreement with a foreign government (including, for the purposes of this subsection, an entity of or operating under the auspices of the European Union) or international organization, 

under which parties to the agreement— 

(A) conduct an assessment, required under subsection (a); 

(B) share information pertaining to such assessment (including, but not limited to, information on the outcome of 

the assessment); or 

(C) both. 

(3) LIMITATIONS.—Nothing in this subsection shall be construed to— 


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68 

(A) require the Secretary to recognize an assessment that 

a foreign government or an international organization has 

conducted; or 

(B) limit the discretion or ability of the Secretary to conduct an assessment under this section. 

§ 70122. Waterway øwatch program¿ Watch Program 

(a) PROGRAM ESTABLISHED.—There is hereby established, within 

the Coast Guard, the America’s Waterway Watch Program. 

* * * * * * * 

CHAPTER 705. MARITIME DRUG LAW ENFORCEMENT

§ 70509. Destruction of evidence during maritime counterdrug operations 

(a) IN GENERAL.—Whoever, while on board a vessel used to commit, or to facilitate the commission of, an offense under section 

70503 of this title, knowingly or intentionally destroys (including 

jettisoning any item or scuttling, burning, or hastily cleaning a vessel), or attempts or conspires to destroy, property that is subject to 

forfeiture under section 511(a) of the Comprehensive Drug Abuse 

Prevention and Control Act of 1970 (21 U.S.C. 881(a)) shall be fined 

in accordance with section 3571 of title 18, imprisoned not more 

than 15 years, or both. 

(b) PRIMA FACIE EVIDENCE OF VIOLATION.—Practices commonly 

recognized as smuggling tactics may provide prima facie evidence of 

intent to use a vessel to commit, or to facilitate the commission of, 

an offense under section 70503 of this title, even in the absence of 

controlled substances aboard the vessel. The following indicia, 

among others, may be considered, in the totality of the circumstances, to be prima facie evidence that a vessel is intended to 

be used to commit, or to facilitate the commission of, such an offense: 

(1) The construction or adaptation of the vessel in a manner 

that facilitates smuggling, including— 

(A) the configuration of the vessel to ride low in the water 

or present a low hull profile to avoid being detected visually or by radar; 

(B) the presence of any compartment or equipment that 

is built or fitted out for smuggling, not including items 

such as a safe or lock-box reasonably used for the storage 

of personal valuables; 

(C) the presence of an auxiliary tank not installed in accordance with applicable law or installed in such a manner 

as to enhance the vessel’s smuggling capability; 

(D) the presence of engines that are excessively overpowered in relation to the design and size of the vessel; 

(E) the presence of materials used to reduce or alter the 

heat or radar signature of the vessel and avoid detection; 

(F) the presence of a camouflaging paint scheme, or of 

materials used to camouflage the vessel, to avoid detection; 

or 

(G) the display of false vessel registration numbers, false 

indicia of vessel nationality, false vessel name, or false vessel homeport. 


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69 

(2) The presence or absence of equipment, personnel, or cargo 

inconsistent with the type or declared purpose of the vessel. 

(3) The presence of excessive fuel, lube oil, food, water, or 

spare parts, inconsistent with legitimate vessel operation, inconsistent with the construction or equipment of the vessel, or inconsistent with the character of the vessel’s stated purpose. 

(4) The operation of the vessel without lights during times 

lights are required to be displayed under applicable law or regulation and in a manner of navigation consistent with smuggling tactics used to avoid detection by law enforcement authorities. 

(5) The failure of the vessel to stop or respond or heave to 

when hailed by government authority, especially where the vessel conducts evasive maneuvering when hailed. 

(6) The declaration to government authority of false information about the vessel, crew, or voyage or the failure to identify 

the vessel by name or country of registration when requested to 

do so by government authority. 

(7) The presence of controlled substance residue on the vessel, 

on an item aboard the vessel, or on an individual aboard the 

vessel, of a quantity or other nature that reasonably indicates 

manufacturing or distribution activity. 

(8) The use of petroleum products or other substances on the 

vessel to foil the detection of controlled substance residue. 

(9) The presence of a controlled substance in the water in the 

vicinity of the vessel, where given the currents, weather conditions, and course and speed of the vessel, the quantity or other 

nature is such that it reasonably indicates that the controlled 

substance was transported in the subject vessel. 

(c) EXTENSION BEYOND TERRITORIAL JURISDICTION.—Subsection 

(a) applies even though the act is committed outside the territorial 

jurisdiction of the United States. 

§ 70510. Maritime bulk cash smuggling 

(a) CRIMINAL OFFENSE.—Whoever, while aboard a vessel used to 

commit, or to facilitate the commission of, an offense under section 

70503 of this title, or whoever, while aboard a vessel outfitted for 

smuggling, knowingly conceals, attempts to conceal, or conspires to 

conceal more than $100,000 in currency or other monetary instruments on the person of such individual or in any conveyance, article 

of luggage, merchandise, or other container, or compartment of or 

aboard such vessel shall be fined in accordance with section 3571 

of title 18, imprisoned not more than 15 years, or both. 

(b) PRIMA FACIE EVIDENCE OF VIOLATION.—Practices commonly 

recognized as smuggling tactics may provide prima facie evidence of 

intent to use a vessel to commit, or to facilitate the commission of, 

an offense under section 70503 of this title or prima facie evidence 

of a vessel outfitted for smuggling, even in the absence of controlled 

substances aboard the vessel. The following indicia, among others, 

may be considered, in the totality of the circumstances, to be prima 

facie evidence that a vessel is intended to be used to commit, or to 

facilitate the commission of, such an offense or is outfitted for smuggling: 

(1) The construction or adaptation of the vessel in a manner 

that facilitates smuggling, including— 


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70 

(A) the configuration of the vessel to ride low in the water 

or present a low hull profile to avoid being detected visually or by radar; 

(B) the presence of any compartment or equipment that 

is built or fitted out for smuggling, not including items 

such as a safe or lock-box reasonably used for the storage 

of personal valuables; 

(C) the presence of an auxiliary tank not installed in accordance with applicable law or installed in such a manner 

as to enhance the vessel’s smuggling capability; 

(D) the presence of engines that are excessively overpowered in relation to the design and size of the vessel; 

(E) the presence of materials used to reduce or alter the 

heat or radar signature of the vessel and avoid detection; 

(F) the presence of a camouflaging paint scheme, or of 

materials used to camouflage the vessel, to avoid detection; 

or 

(G) the display of false vessel registration numbers, false 

indicia of vessel nationality, false vessel name, or false vessel homeport. 

(2) The presence or absence of equipment, personnel, or cargo 

inconsistent with the type or declared purpose of the vessel. 

(3) The presence of excessive fuel, lube oil, food, water, or 

spare parts, inconsistent with legitimate vessel operation, inconsistent with the construction or equipment of the vessel, or inconsistent with the character of the vessel’s stated purpose. 

(4) The operation of the vessel without lights during times 

lights are required to be displayed under applicable law or regulation and in a manner of navigation consistent with smuggling tactics used to avoid detection by law enforcement authorities. 

(5) The failure of the vessel to stop or respond or heave to 

when hailed by government authority, especially where the vessel conducts evasive maneuvering when hailed. 

(6) The declaration to government authority of false information about the vessel, crew, or voyage or the failure to identify 

the vessel by name or country of registration when requested to 

do so by government authority. 

(c) FORFEITURE.— 

(1) CRIMINAL FORFEITURE.—The court in imposing sentence 

for any violation of subsection (a), or any attempt or conspiracy 

to commit such violation, shall order the defendant to forfeit all 

property, real or personal, involved in the offence and any property traceable thereto. Forfeitures under this paragraph shall be 

governed by the procedures established in section 413 of the 

Controlled Substances Act (21 U.S.C. 853). 

(2) CIVIL FORFEITURE.—Any property, real or personal, involved in a violation of subsection (a), or the attempt or a conspiracy to commit such violation, and any property, real or personal, traceable to such violation or conspiracy, may be seized 

and forfeited to the United States. Forfeitures under this paragraph shall be governed by the procedures governing civil forfeitures in money laundering cases pursuant to section 

981(a)(1)(A) of title 18, United States Code. 


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(d) EXTENSION BEYOND TERRITORIAL JURISDICTION.—Subsection 

(a) applies even though the act is committed outside the territorial 

jurisdiction of the United States. 

TITLE 49. TRANSPORTATION 

SUBTITLE III. GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51. TRANSPORTATION OF HAZARDOUS MATERIAL

§ 5129. Maritime transportation of hazardous material 

For the purposes of enforcing this chapter, the Secretary and the 

Secretary of the department in which the Coast Guard is operating 

shall establish policies and practices to ensure that the authorities 

set forth in this chapter are enforced in the same manner and to the 

same extent, and the civil and criminal penalties are assessed or 

recommended in the same manner and to the same extent. 

ACT OF AUGUST 18, 1894 

[28 Stat. 338] 

SEC. 5. REGULATIONS FOR DRAWBRIDGES. 

[33 U.S.C. 499] 

(a) CRIMINAL PENALTIES FOR VIOLATIONS; ENFORCEMENT; RULES

AND REGULATIONS.—It shall be the duty of all persons owning, operating, and tending the drawbridges now built or which may hereafter be built across the navigable rivers and other waters of the 

United States, to open, or cause to be opened, the draws of such 

bridges under such rules and regulations as in the opinion of the 

øSecretary of Transportation¿ Secretary of the department in which 

the Coast Guard is operating the public interests require to govern 

the opening of drawbridges for the passage of vessels and other 

water crafts, and such rules and regulations, when so made and 

published, shall have the force of law. Every such person who shall 

wilfully fail or refuse to open, or cause to be opened, the draw of 

any such bridge for the passage of a boat or boats, as provided in 

such regulations, shall be deemed guilty of a misdemeanor, and on 

conviction thereof shall be punished by a fine of not more than 

$2,000 nor less than $1,000, or by imprisonment (in the case of a 

natural person) for not exceeding one year, or by both such fine 

and imprisonment, in the discretion of the court: Provided, That 

the proper action to enforce the provisions of this subsection may 

be commenced before any commissioner, judge, or court of the 

United States, and such commissioner, judge, or court shall proceed 

in respect thereto as authorized by law in case of crimes against 

the United States: Provided further, That whenever, in the opinion 

of the øSecretary of Transportation¿ Secretary of the department in 

which the Coast Guard is operating, the public interests require it, 

he may make rules and regulations to govern the opening of drawbridges for the passage of vessels and other water crafts, and such 

rules and regulations, when so made and published, shall have the 

force of law, and any willful violation thereof shall be punished as 

hereinbefore provided: Provided further, That any regulations 

made in pursuance of this section may be enforced as provided in 

section 413 of this title, the provisions whereof are made applicable 

to the said regulations. Any rules and regulations made in pursuVerDate Sep 11 2014 01:22 Dec 05, 2015 Jkt 059010 PO 00000 Frm 00073 Fmt 6659 Sfmt 6602 E:\HR\OC\SR168.XXX SR168

SSpencer on DSK4SPTVN1PROD with REPORTS
72 

ance of this section shall, to the extent practical and feasible, provide for regularly scheduled openings of drawbridges during seasons of the year, and during times of the day, when scheduled 

openings would help reduce motor vehicle traffic delays and congestion on roads and highways linked by drawbridges. 

(b) NONSTRUCTURAL VESSEL APPURTENANCE; UNREASONABLE

DELAY.—No vessel owner or operator shall signal a drawbridge to 

open for any nonstructural vessel appurtenance which is not essential to navigation or which is easily lowered and no person shall 

unreasonably delay the opening of a draw after the signal required 

by rules or regulations under this section has been given. The øSecretary of Transportation¿ Secretary of the department in which the 

Coast Guard is operating shall issue rules and regulations to implement this subsection. 

(c) CIVIL PENALTIES FOR VIOLATION; NOTICE AND HEARING; ASSESSMENT, COLLECTION, AND REMISSION; CIVIL ACTIONS.—Whoever 

violates any rule or regulation issued under subsection (a) or (b), 

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. 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 øSecretary of Transportation¿ 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. 

RIVERS AND HARBORS APPROPRIATION ACT OF 1899 

[30 Stat. 1121] 

SEC. 9. CONSTRUCTION OF BRIDGES, CAUSEWAYS, DAMS, OR DIKES 

GENERALLY. 

[33 U.S.C. 401] 

It shall not be lawful to construct or commence the construction 

of any bridge, causeway, dam, or dike over or in any port, 

roadstead, haven, harbor, canal, navigable river, or other navigable 

water of the United States until the consent of Congress to the 

building of such structures shall have been obtained and until the 

plans for (1) the bridge or causeway shall have been submitted to 

and approved by the øSecretary of Transportation¿ Secretary of the 

department in which the Coast Guard is operating, or (2) the dam 

or dike shall have been submitted to and approved by the Chief of 

Engineers and Secretary of the Army. However, such structures 

may be built under authority of the legislature of a State across 

rivers and other waterways the navigable portions of which lie 

wholly within the limits of a single State, provided the location and 

plans thereof are submitted to and approved by the øSecretary of 

Transportation¿ Secretary of the department in which the Coast 

Guard is operating or by the Chief of Engineers and Secretary of 


SSpencer on DSK4SPTVN1PROD with REPORTS
73 

the Army before construction is commenced. When plans for any 

bridge or other structure have been approved by the øSecretary of 

Transportation¿ Secretary of the department in which the Coast 

Guard is operating or by the Chief of Engineers and Secretary of 

the Army, it shall not be lawful to deviate from such plans either 

before or after completion of the structure unless modification of 

said plans has previously been submitted to and received the approval of the øSecretary of Transportation¿ Secretary of the department in which the Coast Guard is operating or the Chief of Engineers and the Secretary of the Army. The approval required by this 

section of the location and plans or any modification of plans of any 

bridge or causeway does not apply to any bridge or causeway over 

waters that are not subject to the ebb and flow of the tide and that 

are not used and are not susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce. 

øSEC. 12. PENALTY FOR WRONGFUL CONSTRUCTION OF BRIDGES, 

PIERS, ETC.; REMOVAL OF STRUCTURES 

øEvery person and every corporation that shall violate any of the 

provisions of sections nine, ten, and eleven of this Act, or any rule 

or regulation made by the Secretary of War in pursuance of the 

provisions of said section eleven, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not 

exceeding $2,500 nor less than $500, or by imprisonment (in the 

case of a natural person) not exceeding one year, or by both such 

punishments, in the discretion of the court.¿ 

SEC. 12. PENALTY FOR WRONGFUL CONSTRUCTION; REMOVAL OF 

STRUCTURES. 

(a) PENALTY FOR WRONGFUL CONSTRUCTION.—Each individual or 

entity that violates an applicable provision of section 9, 10, or 11, 

or any rule or regulation promulgated by the Secretary of the department in which the Coast Guard is operating pursuant to section 

9 or the Secretary of the Army pursuant to section 11, shall be— 

(1) guilty of a misdemeanor; and 

(2) on conviction, punished by, at the discretion of the applicable court— 

(A) a fine of not less than $500 nor more than $2,500; 

(B) imprisonment (in the case of an individual) for not 

more than 1 year; or 

(C) both the punishments described in subparagraphs (A) 

and (B). 

øAnd further, the removal¿ 

(b) REMOVAL OF STRUCTURES.—THE REMOVAL of any structures 

or parts of structures erected in violation of øthe provisions of the 

said sections may be enforced by the injunction of any circuit court 

exercising¿ a provision described in subsection (a) may be enforced 

by the injunction of any district court exercising jurisdiction in any 

district in which such structures may exist, and proper proceedings 

to this end may be instituted under the direction of the Attorney 

General of the United States. 


SSpencer on DSK4SPTVN1PROD with REPORTS
74 

SEC. 18. ALTERATION, REMOVAL, OR REPAIR OF BRIDGE OR ACCESSORY OBSTRUCTIONS TO NAVIGATION. 

[33 U.S.C. 502] 

(a) CRIMINAL PENALTIES FOR VIOLATION; ALTERATION OR REMOVAL REQUIREMENTS; NOTICE AND HEARING; SPECIFICATION OF

CHANGES; TIME FOR COMPLIANCE; NOTICE TO UNITED STATES ATTORNEY; MISDEMEANOR; FINE; NEW OFFENSES.—Whenever the 

øSecretary of Transportation¿ Secretary of the department in which 

the Coast Guard is operating shall have good reason to believe that 

any railroad or other bridge now constructed, or which may hereafter be constructed, over any of the navigable waterways of the 

United States is an unreasonable obstruction to the free navigation 

of such waters on account of insufficient height, width of span, or 

otherwise, or where there is difficulty in passing the draw opening 

or the draw span of such bridge by rafts, steamboats, or other 

water craft, it shall be the duty of the said Secretary, first giving 

the parties reasonable opportunity to be heard, to give notice to the 

persons or corporations owning or controlling such bridge so to 

alter the same as to render navigation through or under it reasonably free, easy, and unobstructed; and in giving such notice he 

shall specify the changes that are required to be made, and shall 

prescribe in each case a reasonable time in which to make them. 

If at the end of such time the alteration has not been made, the 

øSecretary of Transportation¿ Secretary of the department in which 

the Coast Guard is operating shall forthwith notify the United 

States district attorney for the district in which such bridge is situated, to the end that the criminal proceedings hereinafter mentioned may be taken. If the persons, corporation, or association 

owning or controlling any railroad or other bridge shall, after receiving notice to that effect, as hereinbefore required, from the 

øSecretary of Transportation¿ Secretary of the department in which 

the Coast Guard is operating, and within the time prescribed by 

him willfully fail or refuse to remove the same or to comply with 

the lawful order of the øSecretary of Transportation¿ Secretary of 

the department in which the Coast Guard is operating in the premises, such persons, corporation, or association shall be deemed 

guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $5,000, and every month such persons, corporation, or association shall remain in default in respect 

to the removal or alteration of such bridge shall be deemed a new 

offense, and subject the persons, corporation, or association so offending to the penalties above prescribed. 

(b) PROPER REPAIR REQUIREMENT.—No owner or operator of any 

bridge, drawbridge, or causeway shall endanger, unreasonably obstruct, or make hazardous the free navigation of any navigable 

water of the United States by reason of the failure to keep the 

bridge, drawbridge, or causeway and any accessory works in proper 

repair. 

(c) CIVIL PENALTIES FOR VIOLATION; SEPARATE OFFENSES; NOTICE

AND HEARING; ASSESSMENT, COLLECTION, AND REMISSION; CIVIL

ACTIONS.—Whoever violates any provision of this section, or any 

order issued under this section, 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 


SSpencer on DSK4SPTVN1PROD with REPORTS
75 

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 

øSecretary of Transportation¿ 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. 

BRIDGE ACT OF 1906 

[33 U.S.C. 491 et seq.] 

SEC. 1. APPROVAL OF AND DEVIATION FROM PLANS; EXEMPTIONS. 

[33 U.S.C. 491] 

When, hereafter, authority is granted by Congress to any persons 

to construct and maintain a bridge across or over any of the navigable waters of the United States, such bridge shall not be built 

or commenced until the plans and specifications for its construction, together with such drawings of the proposed construction and 

such map of the proposed location as may be required for a full understanding of the subject, have been submitted to the øSecretary 

of Transportation¿ Secretary of the department in which the Coast 

Guard is operating for the Secretary’s approval, nor until the Secretary shall have approved such plans and specifications and the 

location of such bridge and accessory works; and when the plans 

for any bridge to be constructed under the provisions of this Act 

have been approved by the Secretary it shall not be lawful to deviate from such plans, either before or after completion of the structure, unless the modification of such plans has previously been submitted to and received the approval of the Secretary. This section 

shall not apply to any bridge over waters which are not subject to 

the ebb and flow of the tide and which are not used and are not 

susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce. 

SEC. 4. OBSTRUCTION OF NAVIGATION; ALTERATIONS AND REMOVALS; LIGHTS AND SIGNALS; DRAWS. 

[33 U.S.C. 494] 

No bridge erected or maintained under the provisions of this Act 

shall at any time unreasonably obstruct the free navigation of the 

waters over which it is constructed, and if any bridge erected in accordance with the provisions of this Act shall, in the opinion of the 

øSecretary of Homeland Security¿ Secretary of the department in 

which the Coast Guard is operating, at any time unreasonably obstruct such navigation, either on account of insufficient height, 

width of span, or otherwise, or if there be difficulty in passing the 

draw opening or the drawspan of such bridge by rafts, steamboats, 

or other water craft, it shall be the duty of the øSecretary of Homeland Security¿ Secretary of the department in which the Coast 

Guard is operating after giving the parties interested reasonable 

opportunity to be heard, to notify the persons owning or controlling 


SSpencer on DSK4SPTVN1PROD with REPORTS
76 

such bridge to so alter the same as to render navigation through 

or under it reasonably free, easy, and unobstructed, stating in such 

notice the changes required to be made, and prescribing in each 

case a reasonable time in which to make such changes, and if at 

the end of the time so specified the changes so required have not 

been made, the persons owning or controlling such bridge shall be 

deemed guilty of a violation of this Act; and all such alterations 

shall be made and all such obstructions shall be removed at the expense of the persons owning or operating said bridge. The persons 

owning or operating any such bridge shall maintain, at their own 

expense, such lights and other signals thereon as the Secretary of 

Commerce and Labor shall prescribe. If the bridge shall be constructed with a draw, then the draw shall be opened promptly by 

the persons owning or operating such bridge upon reasonable signal for the passage of boats and other water craft. 

SEC. 5. VIOLATIONS OF ORDERS RESPECTING BRIDGES AND ACCESSORY WORKS. 

[33 U.S.C. 495] 

(a) CRIMINAL PENALTIES FOR VIOLATION; MISDEMEANOR; FINE; 

NEW OFFENSES; JURISDICTION; SUITS FOR RECOVERY OF REMOVAL

EXPENSES, ENFORCEMENT OF REMOVAL, AND OBSTRUCTION-TO-NAVI- GATION CAUSE OR QUESTIONS.—Any persons who shall willfully fail 

or refuse to comply with the lawful order of the øSecretary of 

Transportation¿ Secretary of the department in which the Coast 

Guard is operating or the Chief of Engineers, made in accordance 

with the provisions of this Act, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished in any court 

of competent jurisdiction by a fine not exceeding $5,000, and every 

month such persons shall remain in default shall be deemed a new 

offense and subject such persons to additional penalties therefor; 

and in addition to the penalties above described the øSecretary of 

Transportation¿ Secretary of the department in which the Coast 

Guard is operating and the Chief of Engineers may, upon refusal 

of the persons owning or controlling any such bridge and accessory 

works to comply with any lawful order issued by the øSecretary of 

Transportation¿ Secretary of the department in which the Coast 

Guard is operating or Chief of Engineers in regard thereto, cause 

the removal of such bridge and accessory works at the expense of 

the persons owning or controlling such bridge, and suit for such expense may be brought in the name of the United States against 

such persons, and recovery had for such expense in any court of 

competent jurisdiction; and the removal of any structures erected 

or maintained in violation of the provisions of this Act or the order 

or direction of the øSecretary of Transportation¿ Secretary of the 

department in which the Coast Guard is operating or Chief of Engineers made in pursuance thereof may be enforced by injunction, 

mandamus, or other summary process, upon application to the district court in the district in which such structure may, in whole or 

in part, exist, and proper proceedings to this end may be instituted 

under the direction of the Attorney General of the United States 

at the request of the øSecretary of Transportation¿ Secretary of the 

department in which the Coast Guard is operating; and in case of 

any litigation arising from any obstruction or alleged obstruction to 

navigation created by the construction of any bridge under this Act, 

the cause or question arising may be tried before the circuit court 


SSpencer on DSK4SPTVN1PROD with REPORTS
77 

of the United States in any district which any portion of said obstruction or bridge touches. 

(b) CIVIL PENALTIES FOR VIOLATION; SEPARATE OFFENSES; NOTICE AND HEARING; ASSESSMENT, COLLECTION, AND REMISSION; 

CIVIL ACTIONS.—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 $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 

øSecretary of Transportation¿ 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. 

TRUMAN-HOBBS ACT 

[54 Stat. 497] 

SEC. 1. DEFINITIONS. 

[33 U.S.C. 511] 

When used in this Act, unless the context indicates otherwise— 

The term ‘‘alteration’’ includes changes of any kind, reconstruction, 

or removal in whole or in part. 

The term ‘‘bridge’’ means a lawful bridge over navigable waters of 

the United States, including approaches, tenders, and appurtenances thereto, which is used and operated for the purpose of 

carrying railroad traffic or both railroad and highway traffic, or if 

a State, county, municipality, or other political subdivision is the 

owner or joint owner thereof, which is used and operated for the 

purpose of carrying highway traffic. 

The term ‘‘bridge owner’’ means any state, county, municipality, or 

other political subdivision, or any corporation, association, partnership, or individual owning, or jointly owning, any bridge, and, when 

any bridge shall be in the possession or under the control of any 

trustee, receiver, trustee in a case under title 11 of the United 

States Code, or lessee, such term shall include both the owner of 

the legal title and the person or the entity in possession or control 

of such bridge. 

The term ‘‘Secretary’’ means the øSecretary of Transportation¿ Secretary of the department in which the Coast Guard is operating. 

The term ‘‘United States’’, when used in a geographical sense, includes the Territories and possessions of the United States. 


SSpencer on DSK4SPTVN1PROD with REPORTS
78 

SEC. 3. NOTICE, øHEARINGS¿ MEETINGS, AND FINDINGS. 

[33 U.S.C. 513] 

Whenever any bridge shall, in the opinion of the Secretary, at 

any time unreasonably obstruct such navigation, it shall be the 

duty of the Secretary, after notice to interested parties, to hold a 

øhearing¿ meeting at which the bridge owner, those interested in 

water navigation thereunder or therethrough, those interested in 

either railroad or highway traffic thereover, and any other party or 

parties in interest shall have full opportunity to offer øevidence¿ 

supporting data and be heard as to whether any alteration of such 

bridge is needed, and if so what alterations are needed, having due 

regard to the necessity of free and unobstructed water navigation 

and to the necessities of the rail or highway traffic. If, upon such 

øhearing¿ a meeting, the Secretary determines that any alterations 

of such bridge are necessary in order to render navigation through 

or under it reasonably free, easy, and unobstructed, having due regard also for the necessities of rail or highway traffic thereover he 

shall so find and shall issue and cause to be served upon interested 

parties an order requiring such alterations of such bridge as he 

finds to be reasonably necessary for the purposes of navigation. 

SEC. 4. SUBMISSION AND APPROVAL OF GENERAL PLANS AND SPECIFICATIONS. 

[33 U.S.C. 514] 

After the service of an order under this Act, it shall be the duty 

of the bridge owner to prepare and submit to the øSecretary of 

Transportation¿ Secretary of the department in which the Coast 

Guard is operating, within a reasonable time as prescribed by the 

Secretary, general plans and specifications to provide for the alteration of such bridge in accordance with such order, and for such additional alteration of such bridge as the bridge owner may desire 

to meet the necessities of railroad or highway traffic, or both. The 

Secretary may approve or reject such general plans and specifications, in whole or in part, and may require the submission of new 

or additional plans and specifications, but when the Secretary shall 

have approved general plans and specifications, they shall be final 

and binding upon all parties unless changes therein be afterward 

approved by the Secretary and the bridge owner. 

SEC. 7. PAYMENT OF SHARE OF THE UNITED STATES. 

[33 U.S.C. 517] 

Following service of the order requiring alteration of the bridge, 

the øSecretary of Transportation¿ Secretary of the department in 

which the Coast Guard is operating may make partial payments as 

the work progresses to the extent that funds have been appropriated. The total payments out of Federal funds shall not exceed 

the proportionate share of the United States of the total cost of the 

project paid or incurred by the bridge owner, and, if such total cost 

exceeds the cost guaranteed by the bridge owner, shall not exceed 

the proportionate share of the United States of such guaranteed 

cost, except that if the cost of the work exceeds the guaranteed cost 

by reason of emergencies, conditions beyond the control of the 

owner, or unforseen or undetermined conditions, the øSecretary of 

Transportation¿ Secretary of the department in which the Coast 

Guard is operating may, after full review of all the circumstances, 

provide for additional payments by the United States to help defray 


SSpencer on DSK4SPTVN1PROD with REPORTS
79 

such excess cost to the extent he deems to be reasonable and proper, and shall certify such additional payments to the Secretary of 

the Treasury for payment. All payments to any bridge owner herein provided for shall be made by the Secretary of the Treasury 

through the Division of Disbursement upon certifications of the 

øSecretary of Transportation¿ Secretary of the department in which 

the Coast Guard is operating. 

SEC. 13. RELOCATION OF BRIDGES. 

[33 U.S.C. 523] 

If the owner of any bridge and the Secretary shall agree that in 

order to remove an obstruction to navigation, or for any other purpose, a relocation of such bridge or the construction of a new bridge 

upon a new location would be preferable to an alteration of the existing bridge, such relocation or new construction may be carried 

out at such new site and upon such terms as may be acceptable to 

the bridge owner and the Secretary, and the cost of such relocation 

or new construction, including also any expense of changes in and 

additions to rights-of-way, stations, tracks, spurs, sidings, switches, 

signals, and other railroad facilities and property, and relocation of 

shippers required for railroad connection with the bridge at the 

new site, shall be apportioned as between the bridge owner and the 

United States in the manner which is provided for in section 6 

hereof in the case of an alteration and the share of the United 

States paid from the appropriation authorized in section 8 hereof: 

Provided, That nothing in this section shall be construed as requiring the United States to pay any part of the expense of building 

any bridge across a navigable stream which the øSecretary of 

Transportation¿ Secretary of the department in which the Coast 

Guard is operating shall not find to be, in fact, a relocation of an 

existing bridge. 

GENERAL BRIDGE ACT OF 1946 

[33 U.S.C. 525 et seq.] 

SEC. 502. CONSTRUCTION AND OPERATION OF BRIDGES. 

[33 U.S.C. 525] 

* * * * * * * 

(b) APPROVAL OF PLANS.—The location and plans for such bridges 

shall be approved by the øSecretary of Transportation¿ Secretary 

of the department in which the Coast Guard is operating before construction is commenced, and, in approving the location and plans 

of any bridge, the Secretary may impose any specific conditions relating to the maintenance and operation of the structure which the 

Secretary may deem necessary in the interest of public navigation, 

and the conditions so imposed shall have the force of law. This subsection shall not apply to any bridge over waters which are not 

subject to the ebb and flow of the tide and which are not used and 

are not susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign 

commerce. 

* * * * * * * 


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80 

SEC. 510. PENALTIES FOR VIOLATIONS. 

[33 U.S.C. 533] 

(a) CRIMINAL PENALTIES FOR VIOLATIONS.—Any person who willfully fails or refuses to comply with any lawful order of the øSecretary of Transportation¿ Secretary of the department in which the 

Coast Guard is operating or the Chief of Engineers issued under 

the provisions of this title, or who willfully fails to comply with any 

specific condition imposed by the Chief of Engineers and the øSecretary of Transportation¿ 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 title, or who otherwise willfully violates any provisions of this title, 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 VIOLATIONS; SEPARATE OFFENSES; NOTICE AND HEARING; ASSESSMENT, COLLECTION, AND REMISSION; 

CIVIL ACTIONS.—. 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 $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 

øSecretary of Transportation¿ 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. 

ACT OF JULY 16, 1952 

[54 Stat. 497] 

SEC. 3. APPLICABILITY OF ADMINISTRATIVE PROCEDURE PROVISIONS. 

[33 U.S.C. 524] 

In the administration of this Act, øhearings¿ meetings and other 

procedures shall be exempted from the provisions of the Administrative Procedure Act (60 Stat. 237), except as to the requirements 

of section 3 thereof. 

DINGELL-JOHNSON SPORT FISH RESTORATION ACT 

[16 U.S.C. 777 et seq.] 

SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

[16 U.S.C. 777b] 

Restoration and Boating Trust Fund established by section 

9504(a) of the Internal Revenue Code of 1954 the amounts paid, 


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81 

transferred, or otherwise credited to that Trust Fund, except as 

provided in section 9504(c) of the Internal Revenue Code of 1986. 

For purposes of the provision of the Act of August 31, 1951, which 

refers to this section, such amounts shall be treated as the 

amounts that are equal to the revenues described in this section. 

The appropriation made under the provisions of this section for 

each fiscal year shall continue available during succeeding fiscal 

years. So much of such appropriation apportioned to any State for 

any fiscal year as remains unexpended at the close thereof is authorized to be made available for expenditure in that State until 

the close of the succeeding fiscal year. Any amount apportioned to 

any State under the provisions of this Act which is unexpended or 

unobligated at the end of the period during which it is available 

for expenditure on any project is authorized to be made available 

for expenditure by the Secretary of the Interior to supplement the 

ø57 percent¿ 57.42 percent of the balance of each annual appropriation to be apportioned among the States, as provided for in section 

4(c). 

SEC. 4. DIVISION OF ANNUAL APPROPRIATIONS. 

[16 U.S.C. 777c] 

(a) IN GENERAL.—For each fiscal year through ø2014 and for the 

period beginning on October 1, 2014, and ending on July 31, 2015,¿ 

2023 the balance of each annual appropriation made in accordance 

with the provisions of section 3 remaining after the distributions 

for administrative expenses and other purposes under subsection 

(b) and for multistate conservation grants under section 14 shall be 

distributed as follows: 

(1) COASTAL WETLANDS.—An amount equal to ø18.5 percent¿ 

18.54 percent to the Secretary of the Interior for distribution as 

provided in the Coastal Wetlands Planning, Protection and 

Restoration Act (16 U.S.C. 3951 et seq.). 

(2) BOATING SAFETY.—An amount equal to ø18.5 percent¿ 

18.04 percent to the Secretary of the department in which the 

Coast Guard is operating for State recreational boating safety 

programs under section 13107 of title 46, United States Code. 

(3) CLEAN VESSEL ACT.—An amount equal to 2.0 percent to 

the Secretary of the Interior for qualified projects under section 

5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 1322 note). 

Not more than 25 percent of such amount may be used for capital improvement and infrastructure projects to support facilities that meet State requirements for minimizing the introduction of pollutants into the waterways. 

(4) BOATING INFRASTRUCTURE.—An amount equal to 2.0 percent to the Secretary of the Interior for obligation for qualified 

projects under section 7404(d) of the Sportfishing and Boating 

Safety Act of 1998 (16 U.S.C. 777g-1(d)). 

(5) NATIONAL OUTREACH AND COMMUNICATIONS.—An amount 

equal to 2.0 percent to the Secretary of the Interior for the National Outreach and Communications Program under section 

8(d) of this Act. Such amounts shall remain available for 3 fiscal years, after which any portion thereof that is unobligated 

by the Secretary for that program may be expended by the Secretary under subsection (c) of this section. 

(b) øSET-ASIDE FOR EXPENSES FOR ADMINISTRATION OF THE DINGELL-JOHNSON SPORT FISH RESTORATION ACT¿ SET-ASIDES.— 


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82 

(1) IN GENERAL.— (A) SET-ASIDE FOR ADMINISTRATION.—From the annual 

appropriation made in accordance with section 3, for each 

fiscal year ending before October 1, ø2014, and for the period beginning on October 1, 2014, and ending on July 31, 

2015,¿ 2023, the Secretary of the Interior may use no more 

than the amount specified in subparagraph (B) for the fiscal year for expenses for administration incurred in the 

implementation of this Act, in accordance with this section 

and section 9. The amount specified in subparagraph (B) 

for a fiscal year may not be included in the amount of the 

annual appropriation distributed under subsection (a) for 

the fiscal year. 

(B) AVAILABLE AMOUNTS.—The available amount referred to in subparagraph (A) is— 

ø(i) for each of fiscal years 2001 and 2002, 

$9,000,000; 

ø(ii) for fiscal year 2003, $8,212,000; and 

ø(iii) for fiscal year 2004 and each fiscal year thereafter, the sum of— 

ø(I) the available amount for the preceding fiscal year; and 

ø(II) the amount determined by multiplying— 

ø(aa) the available amount for the preceding fiscal year; and 

ø(bb) the change, relative to the preceding 

fiscal year, in the Consumer Price Index for 

All Urban Consumers published by the Department of Labor.¿ 

(i) for each of the fiscal years 2016 through 2023, 

1.8468 percent of total annual collections under this 

Act for such fiscal year; and 

(ii) not withstanding clause (i), an amount that is less than or equal to $12,299,000. 

(C) SET-ASIDE FOR BOATING SAFETY.— (i) IN GENERAL.—From the annual appropriation 

made in accordance with section 3, for each fiscal year 

through 2023, the Secretary shall transfer to the Secretary of the department in which the Coast Guard is 

operating— 

(I)(aa) 0.3435 percent of total annual collections 

under this Act to pay the costs of investigations, 

personnel, and activities related to administering 

those programs under section 4(a)(2) (16 U.S.C. 

777c(a)(2)); and 

(bb) notwithstanding item (aa), an amount that is less than or equal to $2,300,000; and (II) $1,500,000 shall be made available for the 

National Recreational Boating Survey, that shall 

be available until expended and may be awarded 

as a contract or grant by the Secretary. 

(ii) LIMITATION.—The amounts specified in clause (i) 

for a fiscal year may not be included in the amount of 

the annual appropriation distributed under subsection 

(a) of this section for the fiscal year. 


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83 

(2) PERIOD OF AVAILABILITY; APPORTIONMENT OF UNOBLI- GATED AMOUNTS.— (A) PERIOD OF AVAILABILITY.—For each fiscal year, the 

available amount øunder paragraph (1) shall remain available for obligation for use under that paragraph¿ under 

paragraph (1)(B) shall remain available for obligation for 

use under paragraph (1)(A) until the end of the fiscal year. 

(B) APPORTIONMENT OF UNOBLIGATED AMOUNTS.—Not 

later than 60 days after the end of a fiscal year, the Secretary of the Interior shall apportion among the States any 

of the available amount øunder paragraph (1)¿ under 

paragraph (1)(B) that remains unobligated at the end of 

the fiscal year, on the same basis and in the same manner 

as other amounts made available under this Act are apportioned among the States under øsubsection (e)¿ subsection 

(c) for the fiscal year. 

(c) APPORTIONMENT AMONG STATES.—The Secretary after the distribution, transfer, use and deduction under subsection (b), and 

after deducting amounts used for grants under section 14, shall apportion ø57 percent¿ 57.42 percent of the balance of each such annual appropriation among the several States in the following manner: 40 percent in the ratio which the area of each State including 

coastal and Great Lakes waters (as determined by the Secretary of 

the Interior) bears to the total area of all the States, and 60 percent in the ratio which the number of persons holding paid licenses 

to fish for sport or recreation in the State in the second fiscal year 

preceding the fiscal year for which such apportionment is made, as 

certified to said Secretary by the State fish and game departments, 

bears to the number of such persons in all the States. Such apportionments shall be adjusted equitably so that no State shall receive 

less than 1 percent nor more than 5 percent of the total amount 

apportioned. Where the apportionment to any State under this section is less than $4,500 annually, the Secretary of the Interior may 

allocate not more than $4,500 of said appropriation to said State 

to carry out the purposes of this Act when said State certifies to 

the Secretary of the Interior that it has set aside not less than 

$1,500 from its fish-and-game funds or has made, through its legislature, an appropriation in this amount for said purposes. 

(d) UNALLOCATED FUNDS.—øSo much of any sum not allocated¿ 

Except as otherwise provided in this section, so much of any sum 

not allocated under the provisions of this section for any fiscal year 

is hereby authorized to be made available for expenditure to carry 

out the purposes of this Act until the close of the succeeding fiscal 

year. The term fiscal year as used in this section shall be a period 

of twelve consecutive months from October 1 through the succeeding September 30, except that the period for enumeration of 

persons holding licenses to fish shall be a State’s fiscal or license 

year. 

(e) EXPENSES FOR ADMINISTRATION OF CERTAIN PROGRAMS.— (1) IN GENERAL.—For each fiscal year, of the amounts appropriated under section 3, the Secretary of the Interior shall use 

only funds authorized for use under paragraphs (1), (3), (4), 

and (5) of subsection (a) to pay the expenses for administration 

incurred in carrying out the provisions of law referred to in 

øthose subsections¿ those paragraphs, respectively. 


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84 

ø(2) MAXIMUM AMOUNT.—For each fiscal year, the Secretary 

of the Interior may use not more than $900,000 in accordance 

with paragraph (1).¿ 

(2) MAXIMUM AMOUNT.—For fiscal year 2016, the Secretary of 

the Interior may use not more than $1,200,000 in accordance 

with paragraph (1). For each fiscal year thereafter, the maximum amount that the Secretary of the Interior may use in accordance with paragraph (1) shall be determined under paragraph (3). 

(3) ANNUAL ADJUSTED MAXIMUM AMOUNT.—The maximum 

amount referred to in paragraph (2) for fiscal year 2016 and 

each fiscal year thereafter shall be the sum of— 

(A) the available maximum amount for the preceding fiscal year; and 

(B) the amount determined by multiplying— 

(i) the available maximum amount for the preceding 

fiscal year; and 

(ii) the change, relative to the preceding fiscal year, 

in the Consumer Price Index for All Urban Consumers 

published by the Department of Labor. 

(f) TRANSFER OF CERTAIN FUNDS.—Amounts available under 

paragraphs (3) and (4) of subsection (a) that are unobligated by the 

Secretary of the Interior after 3 fiscal years shall be transferred to 

the Secretary of the department in which the Coast Guard is operating and shall be expended for State recreational boating safety 

programs under section 13107(a) of title 46, United States Code. 

SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF 

AMOUNTS FOR EXPENSES FOR ADMINISTRATION. 

[16 U.S.C. 777h] 

(a) AUTHORIZED EXPENSES FOR ADMINISTRATION.—Except as provided in subsection (b), the Secretary of the Interior may use available amounts under øsection 4(b)¿ section 4(b)(1)(B) only for expenses for administration that directly support the implementation 

of this Act that consist of— 

(1) personnel costs of employees who directly administer this 

Act on a full-time basis; 

(2) personnel costs of employees who directly administer this 

Act on a part-time basis for at least 20 hours each week, not 

to exceed the portion of those costs incurred with respect to the 

work hours of the employee during which the employee directly 

administers this Act, as those hours are certified by the supervisor of the employee; 

(3) support costs directly associated with personnel costs authorized under paragraphs (1) and (2), excluding costs associated with staffing and operation of regional offices of the 

United States Fish and Wildlife Service and the Department of 

the Interior other than for the purposes of this Act; 

(4) costs of determining under section 6(a) whether State 

comprehensive plans and projects are substantial in character 

and design; 

(5) overhead costs, including the costs of general administrative services, that are directly attributable to administration of 

this Act and are based on— 


SSpencer on DSK4SPTVN1PROD with REPORTS
85 

(A) actual costs, as determined by a direct cost allocation 

methodology approved by the Director of the Office of Management and Budget for use by Federal agencies; and 

(B) in the case of costs that are not determinable under 

subparagraph (A), an amount per full-time equivalent employee authorized under paragraphs (1) and (2) that does 

not exceed the amount charged or assessed for costs per 

full-time equivalent employee for any other division or program of the United States Fish and Wildlife Service; 

(6) costs incurred in auditing, every 5 years, the wildlife and 

sport fish activities of each State fish and game department 

and the use of funds under section 6 by each State fish and 

game department; 

(7) costs of audits under subsection (d); 

(8) costs of necessary training of Federal and State full-time 

personnel who administer this Act to improve administration 

of this Act; 

(9) costs of travel to States, territories, and Canada by personnel who— 

(A) administer this Act on a full-time basis for purposes 

directly related to administration of State programs or 

projects; or 

(B) administer grants under section 6 or 14; 

(10) costs of travel outside the United States (except travel 

to Canada), by personnel who administer this Act on a fulltime basis, for purposes that directly relate to administration 

of this Act and that are approved directly by the Assistant Secretary for Fish and Wildlife and Parks; 

(11) relocation expenses for personnel who, after relocation, 

will administer this Act on a full-time basis for at least 1 year, 

as certified by the Director of the United States Fish and Wildlife Service at the time at which the relocation expenses are incurred; and 

(12) costs to audit, evaluate, approve, disapprove, and advise 

concerning grants under sections 6 and 14. 

(b) REPORTING OF OTHER USES.— (1) IN GENERAL.—Subject to paragraph (2), if the Secretary 

of the Interior determines that available amounts under øsection 4(b)¿ section 4(b)(1)(B) should be used for an expense for 

administration other than an expense for administration described in subsection (a), the Secretary— 

(A) shall submit to the Committee on Environment and 

Public Works of the Senate and the Committee on Resources of the House of Representatives a report describing 

the expense for administration and stating the amount of 

the expense; and 

(B) may use any such available amounts for the expense 

for administration only after the end of the 30-day period 

beginning on the date of submission of the report under 

subparagraph (A). 

(2) MAXIMUM AMOUNT.—For any fiscal year, the Secretary of 

the Interior may use under paragraph (1) not more than 

$25,000. 

(c) RESTRICTION ON USE TO SUPPLEMENT GENERAL APPROPRIATIONS.—The Secretary of the Interior shall not use available 


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86 

amounts under subsection (b) to supplement the funding of any 

function for which general appropriations are made for the United 

States Fish and Wildlife Service or any other entity of the Department of the Interior. 

(d) AUDIT REQUIREMENT.— (1) IN GENERAL.—The Inspector General of the Department 

of the Interior shall procure the performance of biennial audits, 

in accordance with generally accepted accounting principles, of 

expenditures and obligations of amounts used by the Secretary 

of the Interior for expenses for administration incurred in implementation of this Act. 

(2) AUDITOR.— 

(A) IN GENERAL.—An audit under this subsection shall 

be performed under a contract that is awarded under competitive procedures (as defined in section 4 of the Office of 

Federal Procurement Policy Act (41 U.S.C. 403)) by a person or entity that is not associated in any way with the 

Department of the Interior (except by way of a contract for 

the performance of an audit or other review). 

(B) SUPERVISION OF AUDITOR.—The auditor selected 

under subparagraph (A) shall report to, and be supervised 

by, the Inspector General of the Department of the Interior, except that the auditor shall submit a copy of the biennial audit findings to the Secretary of the Interior at the 

time at which the findings are submitted to the Inspector 

General of the Department of the Interior. 

(3) REPORT TO CONGRESS.—The Inspector General of the Department of the Interior shall promptly submit to the Committee on Resources of the House of Representatives and the 

Committee on Environment and Public Works of the Senate— 

(A) a report on the results of each audit under this subsection; and 

(B) a copy of each audit under this subsection. 

INTERNATIONAL BRIDGE ACT OF 1972 

[86 Stat. 731] 

SEC. 5. SECRETARY OF TRANSPORTATION’S APPROVAL; COMMENCEMENT AND COMPLETION REQUIREMENTS; EXTENSION OF 

TIME LIMITS. 

[33 U.S.C. 535c] 

The approval of the øSecretary of Transportation¿ Secretary of 

the department in which the Coast Guard is operating, as required 

by the first section of the Act of March 23, 1906 (33 U.S.C. 491), 

shall be given only subsequent to the President’s approval, as provided for in section 4 of this Act, and shall be null and void unless 

the construction of the bridge is commenced within two years and 

completed within five years from the date of the Secretary’s approval: Provided, however, That the Secretary, for good cause 

shown, may extend for a reasonable time either or both of the time 

limits herein provided. 

SEC. 8. OWNERSHIP. 

[33 U.S.C. 535e] 

(a) SALE, ASSIGNMENT, OR TRANSFER; øSECRETARY OF TRANSPORTATION’S¿ APPROVAL.—Nothing in this Act shall be deemed to preVerDate Sep 11 2014 01:22 Dec 05, 2015 Jkt 059010 PO 00000 Frm 00088 Fmt 6659 Sfmt 6602 E:\HR\OC\SR168.XXX SR168

SSpencer on DSK4SPTVN1PROD with REPORTS
87 

vent the individual, corporation, or other entity to which, pursuant 

to this Act, authorization has been given to construct, operate, and 

maintain an international bridge and the approaches thereto, from 

selling, assigning, or transferring the rights, powers, and privileges 

conferred by this Act: Provided, That such sale, assignment, or 

transfer shall be subject to approval by the øSecretary of Transportation¿ Secretary of the department in which the Coast Guard is operating. 

(b) STATE STATUS OF ORIGINAL APPLICANT UPON ACQUISITION OF

RIGHT, TITLE, AND INTEREST AFTER TERMINATION OF PRIVATE ENTITY LICENSES, CONTRACTS, OR ORDERS.—Upon the acquisition by a 

State or States, or by a subdivision or instrumentality thereof, of 

the right, title, and interest of a private individual, corporation, or 

other private entity, in and to an international bridge, any license, 

contract, or order issued or entered into by the øSecretary of Transportation¿ Secretary of the department in which the Coast Guard 

is operating, to or with such private individual, corporation, or 

other private entity, shall be deemed terminated forthwith. Thereafter, the State, subdivision, of instrumentality so acquiring shall 

operate and maintain such bridge in the same manner as if it had 

been the original applicantø, and the provisions of section 6 of this 

Act shall not apply¿. 

øSEC. 11. REPORT OF SECRETARY OF TRANSPORTATION’S APPROVAL 

DURING FISCAL YEAR. 

[33 U.S.C. 535h] 

øThe Secretary of Transportation shall make a report of all approvals granted by him during the fiscal year pursuant to section 

5 of this Act in each annual report of the activities of the Department required by section 11 of the Department of Transportation 

Act (49 U.S.C. 1658).¿ 

MAGNUSON-STEVENS FISHERY CONSERVATION AND 

MANAGEMENT ACT 

[16 U.S.C. 1801 et seq.] 

SEC. 311. ENFORCEMENT. 

* * * * * * * 

(d) JURISDICTION OF COURTS.—The district courts of the United 

States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this Act. øIn the case of 

Guam or any 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, and except that in the case of the Northern Mariana Islands, the appropriate court is the United States District 

Court for the District of the Northern Mariana Islands.¿ In the case 

of Hawaii or any possession of the United States in the Pacific 

Ocean, the appropriate court is the United States District Court for 

the District of Hawaii, except that in the case of Guam and Wake 

Island, the appropriate court is the United States District Court for 

the District of Guam, and in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for 


SSpencer on DSK4SPTVN1PROD with REPORTS
88 

the District of the Northern Mariana Islands. Any such court may, 

at any time— 

(1) enter restraining orders or prohibitions; 

(2) issue warrants, process in rem, or other process; 

(3) prescribe and accept satisfactory bonds or other security; 

and 

(4) take such other actions as are in the interest of justice. 

* * * * * * * 

COASTAL WETLANDS PLANNING, PROTECTION AND 

RESTORATION ACT 

[16 U.S.C. 3951 et seq.] 

SEC. 303. PRIORITY LOUISIANA COASTAL WETLANDS RESTORATION 

PROJECTS. 

[16 U.S.C. 3952] 

* * * * * * * 

(b) FEDERAL AND STATE PROJECT PLANNING.— 

(1) PLAN PREPARATION.—The Task Force shall prepare a plan 

to identify coastal wetlands restoration projects, in order of priority, based on the cost-effectiveness of such projects in creating, restoring, protecting, or enhancing the long-term conservation of coastal wetlands, taking into account the quality 

of such coastal wetlands, with due allowance for small-scale 

projects necessary to demonstrate the use of new techniques or 

materials for coastal wetlands restoration. Such restoration 

plan shall be completed within three years from the date of enactment of this title. 

(2) PURPOSE OF THE PLAN.—The purpose of the restoration 

plan is to develop a comprehensive approach to restore and 

prevent the loss of, coastal wetlands in Louisiana. Such plan 

shall coordinate and integrate coastal wetlands restoration 

projects in a manner that will ensure the long-term conservation of the coastal wetlands of Louisiana. 

(3) INTEGRATION OF EXISTING PLANS.—In developing the restoration plan, the Task Force shall seek to integrate the ‘‘Louisiana Comprehensive Coastal Wetlands Feasibility Study’’ 

conducted by the Secretary of the Army and the ‘‘Coastal Wetlands Conservation and Restoration Plan’’ prepared by the 

State of Louisiana’s Wetlands Conservation and Restoration 

Task Force. 

(4) ELEMENTS OF THE PLAN.—The restoration plan developed 

pursuant to this subsection shall include— 

(A) identification of the entire area in the State that contains coastal wetlands; 

(B) identification, by map or other means, of coastal 

areas in Louisiana in need of coastal wetlands restoration 

projects; 

(C) identification of high priority coastal wetlands restoration projects in Louisiana needed to address the areas 

identified in subparagraph (B) and that would provide for 

the long-term conservation of restored wetlands and dependent fish and wildlife populations; 


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(D) a listing of such coastal wetlands restoration 

projects, in order of priority, to be submitted annually, incorporating any project identified previously in lists produced and submitted under subsection (a) of this section; 

(E) a detailed description of each proposed coastal wetlands restoration project, including a justification for including such project on the list; 

(F) the proposed activities to be carried out pursuant to 

each coastal wetlands restoration project; 

(G) the benefits to be realized by each such project; 

(H) an estimated timetable for completion of each coastal 

wetlands restoration project; 

(I) an estimate of the cost of each coastal wetlands restoration project; 

(J) identification of a lead Task Force member to undertake each proposed coastal wetlands restoration project 

listed in the plan; 

(K) consultation with the public and provision for public 

review during development of the plan; and 

(L) evaluation of the effectiveness of each coastal wetlands restoration project in achieving long-term solutions 

to arresting coastal wetlands loss in Louisiana. 

(5) PLAN MODIFICATION.—The Task Force may modify the 

restoration plan from time to time as necessary to carry out 

the purposes of this section. 

(6) PLAN SUBMISSION.—Upon completion of the restoration 

plan, the Secretary shall submit the plan to the Congress. The 

restoration plan shall become effective ninety days after the 

date of its submission to the Congress. 

(7) PLAN EVALUATION.—Not less than three years after the 

completion and submission of the restoration plan required by 

this subsection and at least every three years thereafter, the 

Task Force shall provide a report to the Congress containing 

a scientific evaluation of the effectiveness of the coastal wetlands restoration projects carried out under the plan in creating, restoring, protecting and enhancing coastal wetlands 

and improvements made to the quality of fish and wildlife conditions in Louisiana. 

* * * * * * * 

FISHERIES FINANCING ACT 

[110 Stat. 3615; Public Law 104-297] 

SEC. 302. PROHIBITION OF CERTAIN LOAN GUARANTEES. 

[46 U.S.C. 53706 note] 

* * * * * * * 

(b)(2) No loans may be provided or guaranteed by the Federal 

Government for the construction or rebuilding of a vessel intended 

for use as a fishing vessel (as defined in section 2101 of title 46, 

United States Code), if such vessel will be greater than 165 feet in 

registered length, of more than 750 gross registered tons (as measured under chapter 145 of title 46) or 1,900 gross registered tons 

as measured under chapter 143 of that title), or have an engine or 

engines capable of producing a total of more than 3,000 shaft 


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90 

horsepower, after such construction or rebuilding is completed. 

This prohibition shall not apply to vessels to be used in the menhaden fishery øor in¿ in tuna purse seine fisheries outside the exclusive economic zone of the United States or the area of the South 

Pacific Regional Fisheries Treaty, in fisheries that are under the jurisdiction of the North Pacific Fishery Management Council and 

managed under a fishery management plan issued under the Magnuson-Stevens Fishery Conservation and Management Act (16 

U.S.C. 1801 et seq.), or in the Pacific whiting fishery that is under 

the jurisdiction of the Pacific Fishery Management Council and 

managed under a fishery management plan issued under that Act. 

Any fishing vessel operated in fisheries under the jurisdiction of the 

North Pacific Fishery Management Council and managed under a 

fishery management plan issued under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), or 

in the Pacific whiting fishery under the jurisdiction of the Pacific 

Fishery Management Council and managed under a fishery management plan issued under that Act, and that is replaced by a vessel 

that is constructed or rebuilt with a loan or loan guarantee provided by the Federal Government may not be used to harvest fish 

in any fishery under the jurisdiction of any Regional Fishery Management Council, other than a fishery under the jurisdiction of the 

North Pacific Fishery Management Council or the Pacific Fishery 

Management Council. 

INTERNAL REVENUE CODE OF 1986 

* * * * * * * 

§ 9504. Sport Fish Restoration and Boating Trust Fund 

(d) LIMITATION ON TRANSFERS TO TRUST FUND.— 

(1) IN GENERAL.—Except as provided in paragraph (2), no 

amount may be appropriated or paid to the Sport Fish Restoration and Boating Trust Fund on and after the date of any expenditure from such Trust Fund which is not permitted by this 

section. The determination of whether an expenditure is so 

permitted shall be made without regard to— 

(A) any provision of law which is not contained or referenced in this title or in a revenue Act, and 

(B) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the 

application of this subsection. 

(2) EXCEPTION FOR PRIOR OBLIGATIONS.—Paragraph (1) shall 

not apply to any expenditure to liquidate any contract entered 

into (or for any amount otherwise obligated) before øAugust 1, 

2015,¿ October 1, 2023, in accordance with the provisions of 

this section. 

(e) CROSS REFERENCE.—For provision transferring motorboat 

fuels taxes to Sport Fish Restoration and Boating Trust Fund, see 

section 9503(c)(3). 


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91 

OIL POLLUTION ACT OF 1990 

[33 U.S.C. 2701 et seq.] 

SEC. 7001. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM. 

[33 U.S.C. 2761] 

(a) INTERAGENCY COORDINATING COMMITTEE ON OIL POLLUTION

RESEARCH.— (1) ESTABLISHMENT.—There is established an Interagency 

Coordinating Committee on Oil Pollution Research (hereinafter 

in this section referred to as the ‘‘Interagency Committee’’). 

(2) PURPOSES.—The Interagency Committee shall coordinate 

a comprehensive program of oil pollution research, technology 

development, and demonstration among the Federal agencies, 

in cooperation and coordination with industry, universities, research institutions, State governments, and other nations, as 

appropriate, and shall foster cost-effective research mechanisms, including the joint funding of research. 

(3) MEMBERSHIP.—The Interagency Committee shall include 

representatives from the Coast Guard, the Department of Commerce (including the National Oceanic and Atmospheric Administration and the National Institute of Standards and Technology), the Department of Energy, the Department of the Interior (including the øMinerals Management Service¿ Bureau 

of Safety and Environmental Enforcement, the Bureau of Ocean 

Energy Management, and the United States Fish and Wildlife 

Service), the Department of Transportation (including the Maritime Administration and the Pipeline and Hazardous Materials Safety Administration), the Department of Defense (including the Army Corps of Engineers and the Navy), the Department of Homeland Security (including the United States 

Fire Administration in the Federal Emergency Management 

Agency), the Environmental Protection Agency, the National 

Aeronautics and Space Administration, the United States Arctic Research Commission, and such other Federal agencies the 

President may designate. 

(4) CHAIRMAN.—A representative of the Coast Guard shall 

serve as Chairman. 

(5) VICE CHAIRPERSON.—A representative of the National Oceanic and Atmospheric Administration, a representative of the 

Bureau of Safety and Environmental Enforcement, and a representative of the Environmental Protection Agency shall serve, 

on a rotating basis, as vice chairperson of the Committee. 

(b) OIL POLLUTION RESEARCH AND TECHNOLOGY PLAN.— 

(1) IMPLEMENTATION PLAN.—Within 180 days after the date 

of enactment of this Act, the Interagency Committee shall submit to Congress a plan for the implementation of the oil pollution research, development, and demonstration program established pursuant to subsection (c). The research plan shall— 

(A) identify agency roles and responsibilities; 

(B) assess the current status of knowledge on oil pollution prevention, response, and mitigation technologies and 

effects of oil pollution on the environment; 

(C) identify significant oil pollution research gaps including an assessment of major technological deficiencies in responses to past oil discharges; 


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(D) establish research priorities and goals for oil pollution technology development related to prevention, response, mitigation, and environmental effects; 

(E) estimate the resources needed to conduct the oil pollution research and development program established pursuant to subsection (c), and timetables for completing research tasks; and 

(F) identify, in consultation with the States, regional oil 

pollution research needs and priorities for a coordinated, 

multidisciplinary program of research at the regional level. 

(2) ADVICE AND GUIDANCE.—The Chairman, through the øDepartment of Transportation¿ department in which the Coast 

Guard is operating, shall contract with the National Academy 

of Sciences to— 

(A) provide advice and guidance in the preparation and 

development of the research plan; and 

(B) assess the adequacy of the plan as submitted, and 

submit a report to Congress on the conclusions of such assessment. 

The National Institute of Standards and Technology shall 

provide the Interagency Committee with advice and guidance 

on issues relating to quality assurance and standards measurements relating to its activities under this section. 

(c) OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.— 

* * * * * * * 

(8) REGIONAL RESEARCH PROGRAM.— 

(A) Consistent with the research plan in subsection (b), 

the Interagency Committee shall coordinate a program of 

competitive grants to universities or other research institutions, or groups of universities or research institutions, for 

the purposes of conducting a coordinated research program 

related to the regional aspects of oil pollution, such as prevention, removal, mitigation, and the effects of discharged 

oil on regional environments. For the purposes of this 

paragraph, a region means a Coast Guard district as set 

out in part 3 of title 33, Code of Federal Regulations 

ø(1989)¿ (2010). 

* * * * * * * 

COAST GUARD AUTHORIZATION ACT OF 1998 

[112 Stat. 3411] 

SEC. 409. COAST GUARD CITY, USA. 

[14 U.S.C. 639 note] 

The Commandant of the Coast Guard may recognize the community of Grand Haven, Michigan, as ‘‘Coast Guard City, USA’’. If the 

Commandant desires to recognize any other community in the 

same manner or any other community requests such recognition 

from the Coast Guard, the Commandant shall notify the Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Transportation and Infrastructure of the 

House of Representatives ø90 days¿ 30 days prior to approving 

such recognition. 


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93 

PRIBILOF ISLANDS TRANSITION ACT 

[114 Stat. 2794; Public Law 106—562] 

SEC. 105. TERMINATION OF RESPONSIBILITIES. 

[16 U.S.C. 1161 note] 

(a) FUTURE OBLIGATION.— 

(1) IN GENERAL.—øThe Secretary¿ Notwithstanding paragraph (2) and effective beginning on the date the Secretary publishes the notice of certification required by subsection (b)(5), 

the Secretary of Commerce shall not be considered to have any 

obligation to promote or otherwise provide for the development 

of any form of an economy not dependent on sealing on the 

Pribilof Islands, Alaska, including any obligation under section 

206 of the Fur Seal Act of 1966 (16 U.S.C. 1166) or section 

3(c)(1)(A) of Public Law 104-91 (16 U.S.C. 1165 note). 

(2) SAVINGS.—This subsection shall not affect any cause of 

action under section 206 of the Fur Seal Act of 1966 (16 U.S.C. 

1166) or section 3(c)(1)(A) of Public Law 104-91 (16 U.S.C. 

1165 note)— 

(A) that arose before the date of the enactment of this 

title; and 

(B) for which a judicial action is filed before the expiration of the 5-year period beginning on the date of the enactment of this title. 

(3) RULE OF CONSTRUCTION.—Nothing in this title shall be 

construed to imply that— 

(A) any obligation to promote or otherwise provide for 

the development in the Pribilof Islands of any form of an 

economy not dependent on sealing was or was not established by section 206 of the Fur Seal Act of 1966 (16 

U.S.C. 1166), section 3(c)(1)(A) of Public Law 104-91 (16 

U.S.C. 1165 note), or any other provision of law; or 

(B) any cause of action could or could not arise with respect to such an obligation. 

(4) [Omitted] 

(b) PROPERTY CONVEYANCE AND CLEANUP.— 

(1) IN GENERAL.—Subject to paragraph (2), there are terminated all obligations of the Secretary of Commerce and the 

United States to— 

(A) convey property under øsection 205 of the Fur Seal 

Act of 1966 (16 U.S.C. 1165)¿ section 205(a) of the Fur 

Seal Act of 1966 (16 U.S.C. 1165(a)); and 

(B) carry out cleanup activities, including assessment, 

response, remediation, and monitoring, except for 

postremedial measures such as monitoring and operation 

and maintenance activities, related to National Oceanic 

and Atmospheric Administration administration of the 

Pribilof Islands, Alaska, under section 3 of Public Law 

104-91 (16 U.S.C. 1165 note) and the Pribilof Islands Environmental Restoration Agreement between the National 

Oceanic and Atmospheric Administration and the State of 

Alaska, signed January 26, 1996. 

(2) APPLICATION.—Paragraph (1) shall apply on and after the 

date on which the Secretary of Commerce certifies that— 


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94 

(A) the State of Alaska has provided written confirmation that no further corrective action is required at the 

sites and operable units covered by the Pribilof Islands Environmental Restoration Agreement between the National 

Oceanic and Atmospheric Administration and the State of 

Alaska, signed January 26, 1996, with the exception of 

postremedial measures, such as monitoring and operation 

and maintenance activities; 

(B) the cleanup required under section 3(a) of Public 

Law 104-91 (16 U.S.C. 1165 note) is complete; 

(C) the properties specified in the document referred to 

in subsection (a) of section 205 of the Fur Seal Act of 1966 

(16 U.S.C. 1165(a)) can be unconditionally offered for conveyance under that section; and 

(D) all amounts appropriated under section 206(c)(1) of 

the Fur Seal Act of 1966, as amended by this title, have 

been obligated. 

(3) FINANCIAL CONTRIBUTIONS FOR CLEANUP COSTS.— (A) On and after the date on which section 3(b)(5) of 

Public Law 104-91 (16 U.S.C. 1165 note) is repealed pursuant to subsection (c), the Secretary of Commerce may not 

seek or require financial contribution by or from any local 

governmental entity of the Pribilof Islands, any official of 

such an entity, or the owner of land on the Pribilof Islands, for cleanup costs incurred pursuant to section 3(a) 

of Public Law 104-91 (as in effect before such repeal), except as provided in subparagraph (B). 

(B) Subparagraph (A) shall not limit the authority of the 

Secretary of Commerce to seek or require financial contribution from any person for costs or fees to clean up any 

matter that was caused or contributed to by such person 

on or after March 15, 2000. 

(4) CERTAIN RESERVED RIGHTS NOT CONDITIONS.—For purposes of paragraph (2)(C), the following requirements shall not 

be considered to be conditions on conveyance of property: 

(A) Any requirement that a potential transferee must 

allow the National Oceanic and Atmospheric Administration continued access to the property to conduct environmental monitoring following remediation activities. 

(B) Any requirement that a potential transferee must 

allow the National Oceanic and Atmospheric Administration access to the property to continue the operation, and 

eventual closure, of treatment facilities. 

(C) Any requirement that a potential transferee must 

comply with institutional controls to ensure that an environmental cleanup remains protective of human health or 

the environment that do not unreasonably affect the use of 

the property. 

(D) Valid existing rights in the property, including rights 

granted by contract, permit, right-of-way, or easement. 

(E) The terms of the documents described in subsection 

(d)(2). 

(5) NOTICE OF CERTIFICATION.—The Secretary shall promptly 

publish and submit to the Committee on Natural Resources of 

the House of Representatives and the Committee on Commerce, 


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95 

Science, and Transportation of the Senate notice that the certification described in paragraph (2) has been made. 

(c) REPEALS.—Effective on the date on which the Secretary of 

Commerce ømakes the certification described in subsection (b)(2)¿ 

publishes the notice of certification required by subsection (b)(5), the 

following provisions are repealed: 

(1) øSection 205¿ Subsections (a), (b), (c), and (d) of section 

205 of the Fur Seal Act of 1966 (16 U.S.C. 1165). 

(2) Section 3 of Public Law 104–91 (16 U.S.C. 1165 note). 

(d) SAVINGS.— (1) IN GENERAL.—Nothing in this title shall affect any obligation of the Secretary of Commerce, or of any Federal department or agency, under or with respect to any document described in paragraph (2) or with respect to any lands subject 

to such a document. 

(2) DOCUMENTS DESCRIBED.—The documents referred to in 

paragraph (1) are the following: 

(A) The Transfer of Property on the Pribilof Islands: Description, Terms, and Conditions, dated February 10, 1984, 

between the Secretary of Commerce and various Pribilof 

Island entities. 

(B) The Settlement Agreement between Tanadgusix Corporation and the City of St. Paul, dated January 11, 1988, 

and approved by the Secretary of Commerce on February 

23, 1988. 

(C) The Memorandum of Understanding between 

Tanadgusix Corporation, Tanaq Corporation, and the Secretary of Commerce, dated December 22, 1976. 

(e) NOTIFICATIONS.— 

(1) IN GENERAL.—Not later than 30 days after the Secretary 

of Commerce makes a determination under subsection (f) that 

land on St. Paul Island, Alaska, not specified for transfer in the 

document entitled ‘‘Transfer of Property on the Pribilof Islands: 

Descriptions, Terms and Conditions’’ or section 709(a) of the 

Coast Guard Authorization Act of 2015, are in excess of the 

needs of the Secretary and the Federal Government, the Secretary shall notify the Alaska Native Village Corporation for St. 

Paul Island of the determination. 

(2) ELECTION TO RECEIVE.—Not later than 60 days after the 

date receipt of the notification of the Secretary under paragraph 

(1), the Village Corporation for St. Paul Island shall notify the 

Secretary in writing whether the Village Corporation elects to 

receive all right, title and interest in the land or a portion of 

the land. 

(3) TRANSFER.—If the Village Corporation provides notice 

under paragraph (2) that the Village Corporation elects to receive all right, title and interest in the land or a portion of the 

land, the Secretary shall transfer all right, title, and interest in 

the land or portion to the Village Corporation at no cost. 

(4) OTHER DISPOSITION.—If the Village Corporation does not 

provide notice under paragraph (2) that the Village Corporation 

elects to receive all right, title and interest in the land or a portion of the land, the Secretary may dispose of the land in accordance with other applicable law. 

(f) DETERMINATION.— 


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(1) IN GENERAL.—Not later than 2 years after the date of enactment of this subsection and not less than once every 5 years 

thereafter, the Secretary of Commerce shall determine whether 

property located on St. Paul Island and not transferred to the 

Natives of the Pribilof Islands is in excess of the smallest practicable tract enclosing land— 

(A) needed by the Secretary for the purposes of carrying 

out the Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.); 

(B) in the case of land withdrawn by the Secretary on behalf of other Federal agencies, needed for carrying out the 

missions of those agencies for which land was withdrawn; 

or 

(C) actually used by the Federal Government in connection with the administration of any Federal installation on 

St. Paul Island. 

(2) REPORT OF DETERMINATION.—When a determination is 

made under paragraph (1), the Secretary shall report the determination to— 

(A) the Committee on Natural Resources of the House of 

Representatives; 

(B) the Committee on Commerce, Science and Transportation of the Senate; and 

(C) the Alaska Native Village Corporation for St. Paul Island. 

ø(e)¿(g) DEFINITIONS.— (1) IN GENERAL.—Except as provided in paragraph (2), the 

definitions set forth in section 101 of the Fur Seal Act of 1966 

(16 U.S.C. 1151) shall apply to this section. 

(2) NATIVES OF THE PRIBILOF ISLANDS.—For purposes of this 

section, the term ‘‘Natives of the Pribilof Islands’’ includes the 

Tanadgusix Corporation, the St. George Tanaq Corporation, 

and the city governments and tribal councils of St. Paul and 

St. George, Alaska. 

COAST GUARD AND MARITIME TRANSPORTATION ACT OF 

2006 

[120 Stat. 516; Public Law 109—241] 

SEC. 421. DISTANT WATER TUNA FLEET. 

[46 U.S.C. 8103 note] 

* * * * * * * 

(d) REPORTS.—øOn March 1, 2007, and annually thereafter¿ Not 

later than July 1 of each year, until the date of expiration of this 

section, the Coast Guard and the National Marine Fisheries Service shall submit a report to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committees on Transportation and Infrastructure and Resources of the House of Representatives, providing the following information on the United States 

purse seine fleet referred to in subsection (a): 

(1) The number and identity of vessels in the fleet using foreign citizens to meet manning requirements pursuant to this 

section and any marine casualties involving such vessel. 

(2) The number of vessels in the fishery under United States 

flag as of January 1 of the year in which the report is submitted, the percentage ownership or control of such vessels by 


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97 

non-United States citizens, and the nationality of such ownership or control. 

(3) Description of any transfers or sales of United States flag 

vessels in the previous calendar year, and the disposition of 

such vessel, including whether the vessel was scrapped or sold, 

and, if sold, the nationality of the new owner and location of 

any fishery to which the vessel will be transferred. 

(4) Landings of tuna by vessels under flag in the 2 previous 

calendar years, including an assessment of landing trends, and 

a description of landing percentages and totals— 

(A) delivered to American Samoa and any other port in 

a State or territory of the United States; and 

(B) delivered to ports outside of a State or territory of 

the United States, including the identity of the port. 

(5) An evaluation of capacity and trends in the purse seine 

fleet fishing in the area covered by the South Pacific Regional 

Fisheries Treaty, and any transfer of capacity from such fleet 

or area to other fisheries, including those governed under the 

Western and Central Pacific Fisheries Convention and the 

Inter-American Tropical Tuna Convention. 

SEC. 603. LIMITS ON LIABILITY. 

[33 U.S.C. 2704 note] 

* * * * * * * 

(c) REPORT ON LIABILITY LIMITS.— (1) INITIAL REPORT.—Not later than 45 days after the date of 

enactment of this Act, the Secretary of the department in 

which the Coast Guard is operating shall submit a report on 

liability limits described in paragraph (2) to the Committee on 

Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House 

of Representatives. 

(2) CONTENTS.—The report shall include, at a minimum, the 

following: 

(A) An analysis of the extent to which oil discharges 

from vessels and nonvessel sources have or are likely to result in removal costs and damages (as defined in section 

1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701)) for 

which no defense to liability exists under section 1003 of 

such Act and that exceed the liability limits established in 

section 1004 of such Act, as amended by this section. 

(B) An analysis of the impacts that claims against the 

Oil Spill Liability Trust Fund for amounts exceeding such 

liability limits will have on the Fund. 

(C) Based on analyses under this paragraph and taking 

into account other factors impacting the Fund, recommendations on whether the liability limits need to be 

adjusted in order to prevent the principal of the Fund from 

declining to levels that are likely to be insufficient to cover 

expected claims. 

(3) ANNUAL UPDATES.—The Secretary shall provide an update of the report to the Committees referred to in paragraph 

(1) øon an annual basis¿ not later than January 30 of the year 

following each year in which an oil discharge from a vessel or 

nonvessel source that results or is likely to result in removal 


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98 

costs and damages (as those terms are defined in section 1001 

of the Oil Pollution Act of 1990 (33 U.S.C. 2701)) that exceed 

liability limits established under section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2704). 

COAST GUARD AUTHORIZATION ACT OF 2010 

[Public Law 111—281; 124 Stat. 2986] 

SEC. 710. HIGHER VOLUME PORT AREA REGULATORY DEFINITION 

CHANGE. 

ø(a) IN GENERAL.—Within 1 year after the date of enactment of 

this Act, the Commandant shall initiate a rulemaking proceeding 

to modify the definition of the term ‘‘higher volume port area’’ in 

section 155.1020 of the Coast Guard regulations (33 C.F.R. 

155.1020) by striking ‘‘Port Angeles, WA’’ in paragraph (13) of that 

section and inserting ‘‘Cape Flattery, WA’’.¿ 

(a) HIGHER VOLUME PORTS.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

law, the requirements of subparts D, F, and G of part 155 of 

title 33, Code of Federal Regulations, that apply to the higher 

volume port area for the Strait of Juan de Fuca at Port Angeles, Washington (including any water area within 50 nautical 

miles seaward), to and including Puget Sound, shall be deemed 

to apply, in the same manner, and to the same extent, to the 

Strait of Juan de Fuca at Cape Flattery, Washington (including 

any water area within 50 nautical miles seaward), to and including Puget Sound. 

(2) EFFECTIVE DATE.—This subsection shall take effect on the 

date of the enactment of the Coast Guard Authorization Act of 

2015. 

(b) VESSEL RESPONSE PLAN REVIEWS.—Within 5 years after the 

date of enactment of this Act, the Coast Guard shall complete its 

review of any changes to vessel response plans under the Federal 

Water Pollution Control Act (33 U.S.C. 1251 et seq.) resulting from 

øthe modification of the higher volume port area definition required by subsection (a)¿ higher volume port requirements made 

applicable under subsection (a). 

SEC. 825. INTERNATIONAL PORT AND FACILITY INSPECTION COORDINATION. 

[6 U.S.C. 945 note] 

(a) COORDINATION.—The Secretary of øthe department in which 

the Coast Guard is operating¿ Homeland Security shall, to the extent practicable, conduct the assessments required by the following 

provisions of law concurrently, or develop a process by which øthey 

are integrated and conducted by the Coast Guard¿ the assessments 

are coordinated between the Coast Guard and Customs and Border 

Protection: 

(1) Section 205 of the SAFE Port Act (6 U.S.C. 945). 

(2) Section 213 of that Act (6 U.S.C. 964). 

(3) Section 70108 of title 46, United States Code. 

(b) LIMITATION.—Nothing in subsection (a) shall be construed to 

affect or diminish the Secretary’s authority or discretion— 

(1) to conduct an assessment of a foreign port at any time; 


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99 

2Subsection (c) of section 9 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act 

of 2011 (49 U.S.C. 60117 note) shall be deemed not to have been enacted. 

(2) to compel the Secretary to conduct an assessment of a 

foreign port so as to ensure that 2 or more assessments are 

conducted concurrently; or 

(3) to cancel an assessment of a foreign port if the Secretary 

is unable to conduct 2 or more assessments concurrently. 

(c) MULTIPLE ASSESSMENT REPORT.—The Secretary shall provide 

written notice to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and 

Infrastructure and Homeland Security of the House of Representatives whenever the Secretary conducts 2 or more assessments of 

the same port within a 3-year period. 

PIPELINE SAFETY, REGULATORY CERTAINTY, AND JOB 

CREATION ACT OF 2011 

[126 Stat. 1574; Public Law 112—90] 

SEC. 9. ADMINISTRATIVE. 

[49 U.S.C. 60117 note] 

(a) REVISION OF REGULATIONS.—Not later than 18 months after 

the date of enactment of this Act, the Secretary of Transportation 

shall revise regulations issued under sections 191.5 and 195.52 of 

title 49, Code of Federal Regulations, to establish specific time limits for telephonic or electronic notice of accidents and incidents involving pipeline facilities to the Secretary and the National Response Center. 

(b) MINIMUM REQUIREMENTS.—In revising the regulations, the 

Secretary, at a minimum, shall— 

(1) establish time limits for telephonic or electronic notification of an accident or incident to require such notification at 

the earliest practicable moment following confirmed discovery 

of an accident or incident and not later than 1 hour following 

the time of such confirmed discovery; 

(2) review procedures for owners and operators of pipeline facilities and the National Response Center to provide thorough 

and coordinated notification to all relevant State and local 

emergency response officials, including 911 emergency call centers, for the jurisdictions in which those pipeline facilities are 

located in the event of an accident or incident, and revise such 

procedures as appropriate; and 

(3) require such owners and operators to revise their initial 

telephonic or electronic notice to the Secretary and the National Response Center with an estimate of the amount of the 

product released, an estimate of the number of fatalities and 

injuries, if any, and any other information determined appropriate by the Secretary within 48 hours of the accident or incident, to the extent practicable. 

ø(c) UPDATING OF REPORTS.—After receiving revisions described 

in subsection (b)(3), the National Response Center shall update the 

initial report on an accident or incident instead of generating a new 

report.¿2


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100 

COAST GUARD AND MARITIME TRANSPORTATION ACT OF 

2012 

[126 Stat. 1540] 

SEC. 222. COAST GUARD POLAR ICEBREAKERS. 

[126 Stat. 1560] 

ø(a) IN GENERAL.—The Secretary of the department in which the 

Coast Guard is operating shall conduct a business case analysis of 

the options for and costs of reactivating and extending the service 

life of the Polar Sea until at least September 30, 2022, to maintain 

United States polar icebreaking capabilities and fulfill the Coast 

Guard’s high latitude mission needs, as identified in the Coast 

Guard’s July 2010, High Latitude Study Mission Analysis Report, 

during the Coast Guard’s recapitalization of its polar class icebreaker fleet. The analysis shall include— 

ø(1) an assessment of the current condition of the Polar Sea; 

ø(2) a determination of the Polar Sea’s operational capabilities with respect to fulfilling the Coast Guard’s high latitude 

operating requirements if renovated and reactivated; 

ø(3) a detailed estimate of costs with respect to reactivating 

and extending the service life of the Polar Sea; 

ø(4) a life cycle cost estimate with respect to operating and 

maintaining the Polar Sea for the duration of its extended 

service life; and 

ø(5) a determination of whether it is cost-effective to reactivate the Polar Sea compared with other options to provide 

icebreaking services as part of a strategy to maintain polar 

icebreaking services.¿ 

(a) IN GENERAL.—Not later than 1 year after the date of the enactment of the Coast Guard Authorization Act of 2015, the Secretary 

of the department in which the Coast Guard is operating shall— 

(1) complete a materiel condition assessment with respect to 

the Polar Sea; 

(2) make a determination whether it is cost effective to reactivate the Polar Sea when compared with other options to provide icebreaking services as part of a strategy to maintain polar 

icebreaking services; and 

(3) submit to the Committee on Transportation and Infrastructure of the House of Representative and the Committee on 

Commerce, Science, and Transportation of the Senate— 

(A) the assessment required under paragraph (1); and 

(B) written notification of the determination required 

under paragraph (2). 

(b) RESTRICTIONS.—The Secretary shall not remove any part of 

the Polar Sea until the Secretary submits the øanalysis¿ written 

notification required under subsection (a). 

ø(c) DEADLINE.—Not later than 270 days after the date of enactment of this Act, the Secretary shall submit to the Committee on 

Transportation and Infrastructure of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of 

the Senate the analysis required under subsection (a).¿ 

ø(d)¿(c) REQUIREMENT FOR REACTIVATION OF POLAR SEA.— 

(1) SERVICE LIFE EXTENSION PLAN.— 

(A) IN GENERAL.—If the Secretary determines øbased on 

the analysis required¿ under subsection (a) that it is costVerDate Sep 11 2014 01:22 Dec 05, 2015 Jkt 059010 PO 00000 Frm 00102 Fmt 6659 Sfmt 6602 E:\HR\OC\SR168.XXX SR168

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effective to reactivate the Polar Sea compared with other 

options to provide icebreaking services, the Secretary shall 

develop a service life extension plan for such reactivation, 

including a timetable for such reactivation. 

(B) UTILIZATION OF EXISTING RESOURCES.—In the development of the plan required under subparagraph (A), the 

Secretary shall utilize to the greatest extent practicable recent plans, studies, assessments, and analyses regarding 

the Coast Guard’s icebreakers and high latitude mission 

needs and operating requirements. 

(C) SUBMISSION.—The Secretary shall submit the plan 

required under subparagraph (A), if so required, to the 

Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later 

than 180 days after the submission of the øanalysis¿ written notification required under subsection (a). 

ø(2) DECOMMISSIONING.—If the analysis required under subsection (a) is submitted in accordance with subsection (c) and 

the Secretary determines under subsection (a)(5) that it is not 

cost-effective to reactivate the Polar Sea, then not later than 

180 days after the date on which the analysis is required to be 

submitted under subsection (c) the Commandant of the Coast 

Guard may decommission the Polar Sea.¿ 

(2) DECOMMISSIONING.—If the Secretary makes a determination under subsection (a) that it is not cost effective to reactivate 

the Polar Sea, then, not later than 180 days after written notification of that determination is submitted under that subsection, 

the Commandant of the Coast Guard may decommission the 

Polar Sea. 

(3) RESULT OF NO DETERMINATION.—If in the analysis submitted under this section the Secretary does not make a determination under subsection (a)(5) regarding whether it is cost 

effective to reactivate the Polar sea, then— 

(A) the Commandant of the Coast Guard may decommission the Polar Sea; or 

(B) the Secretary may make such determination, not 

later than 90 days after the date of the enactment of Howard Coble Coast Guard and Maritime Transportation Act 

of 2014, and take actions in accordance with this subsection as though such determination was made in the 

analysis previously submitted. 

ø(e)¿(d) STRATEGIES.— 

(1) IN GENERAL.—Not later than 180 days after the date on 

which the analysis required under subsection (a) is submitted, 

the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate— 

(A) unless the Secretary makes a determination under 

this section that it is cost effective to reactivate the Polar 

Sea, a bridging strategy for maintaining the Coast Guard’s 

polar icebreaking services until at least September 30, 

2024; 


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102 

(B) a strategy to meet the Coast Guard’s Arctic ice operations needs through September 30, 2050; and 

(C) a strategy to meet the Coast Guard’s Antarctic ice 

operations needs through September 30, 2050 

(2) REQUIREMENT.—The strategies required under paragraph 

(1) shall include a business case analysis comparing the leasing and purchasing of icebreakers to maintain the needs and 

services described in that paragraph. 

ø(f)¿(e) RESTRICTION.—Except as provided øin subsection (d)¿ in 

subsection (c), the Commandant of the Coast Guard may not— 

(1) transfer, relinquish ownership of, dismantle, or recycle 

the Polar Sea or Polar Star; 

(2) change the current homeport of either of the vessels; or 

(3) expend any funds— 

(A) for any expenses directly or indirectly associated 

with the decommissioning of either of the vessels, including expenses for dock use or other goods and services; 

(B) for any personnel expenses directly or indirectly associated with the decommissioning of either of the vessels, 

including expenses for a decommissioning officer; 

(C) for any expenses associated with a decommissioning 

ceremony for either of the vessels; 

(D) to appoint a decommissioning officer to be affiliated 

with either of the vessels; or 

(E) to place either of the vessels in inactive status. 

ø(g)¿(f) DEFINITION.—For purposes of this section— 

(1) the term ‘‘Polar Sea’’ means Coast Guard Cutter Polar 

Sea (WAGB 11); and 

(2) the term ‘‘Polar Star’’ means Coast Guard Cutter Polar 

Star (WAGB 10). 

ø(h)¿(g) REPEAL.—This section shall cease to have effect on September 30, 2022. 

HOWARD COBLE COAST GUARD AND MARITIME 

TRANSPORTATION ACT OF 2014 

[128 Stat. 3022; Public Law 113—281] 

øSEC. 610. SAFE VESSEL OPERATION IN THUNDER BAY¿ SEC. 610. SAFE 

VESSEL OPERATION IN THE GREAT LAKES. 

[128 Stat. 3064] 

The Secretary of the department in which the Coast Guard is operating and the Administrator of the Environmental Protection 

Agency may not prohibit a vessel operating within the øexisting 

boundaries and any future expanded boundaries of the Thunder 

Bay National Marine Sanctuary and Underwater Preserve¿ boundaries of any National Marine Sanctuary that preserves shipwrecks 

or maritime heritage in the Great Lakes from taking up or discharging ballast water to allow for safe and efficient vessel operation if the uptake or discharge meets all Federal and State ballast 

water management requirements that would apply if the area were 

not a marine sanctuary, unless the designation documents for such 

Sanctuary do not allow taking up or discharging ballast water in 

such Sanctuary. 


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103 

SEC. 611. PARKING FACILITIES. 

[128 Stat. 3064] 

(a) ALLOCATION AND ASSIGNMENT.— (1) IN GENERAL.—Subject to the requirements of this section, 

the Administrator of General Services, in coordination with the 

Commandant of the Coast Guard, shall allocate and assign the 

spaces in parking facilities at the Department of Homeland Security St. Elizabeths Campus to allow any member or employee of the Coast Guard, who is assigned to the Campus, to 

use such spacesø.¿ at no cost to the Coast Guard, its members, 

or employees. 

(2) TIMING.—In carrying out paragraph (1), and in addition 

to the parking spaces allocated and assigned to Coast Guard 

members and employees in fiscal year 2014, the Administrator 

shall allocate and assign not less than— 

(A) 300 parking spaces not later than September 30, 

2015; 

(B) 700 parking spaces not later than September 30, 

2016; and 

(C) 1,042 parking spaces not later than September 30, 

2017. 

(b) TRANSPORTATION MANAGEMENT REPORT.—Not later than 1 

year after the date of the enactment of this Act, and each fiscal 

year thereafter in which spaces are allocated and assigned under 

subsection (a)(2), the Administrator shall provide to the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House of 

Representatives a report on— 

(1) the impact of assigning and allocating parking spaces 

under subsection (a) on the congestion of roads connecting the 

St. Elizabeths Campus to the portions of Suitland Parkway 

and I-295 located in the Anacostia section of the District of Columbia; and 

(2) progress made toward completion of essential transportation improvements identified in the Transportation Management Program for the St. Elizabeths Campus. 

(c) REALLOCATION.—Notwithstanding subsection (a), the Administrator may revise the allocation and assignment of spaces to 

members and employees of the Coast Guard made under subsection 

(a) as necessary to accommodate employees of the Department of 

Homeland Security, other than the Coast Guard, when such employees are assigned to the St. Elizabeths Campus. 

Æ 


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