IB 
Union Calendar No. 133 
115TH CONGRESS 
1ST SESSION H. R. 2518 
[Report No. 115–194] 
To authorize appropriations for the Coast Guard for fiscal years 2018 and 
2019, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2017 
Mr. HUNTER (for himself, Mr. GARAMENDI, Mr. SHUSTER, and Mr. DEFA-
ZIO) introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure 
JUNE 26, 2017 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 18, 2017] 
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A BILL 
To authorize appropriations for the Coast Guard for fiscal 
years 2018 and 2019, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Coast Guard Authorization Act of 2017’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—AUTHORIZATIONS 
Sec. 101. Authorizations of appropriations. 
Sec. 102. Authorized levels of military strength and training. 
TITLE II—COAST GUARD 
Sec. 201. Training; public safety personnel. 
Sec. 202. Commissioned service retirement. 
Sec. 203. Officer promotion zones. 
Sec. 204. Cross reference. 
Sec. 205. Repeal. 
Sec. 206. Unmanned aircraft system. 
Sec. 207. Coast Guard health-care professionals; licensure portability. 
Sec. 208. Incentive contracts for Coast Guard yard and industrial establishments. 
Sec. 209. Maintaining cutters in class. 
Sec. 210. Congressional affairs; Director. 
Sec. 211. Contracting for major acquisitions programs. 
Sec. 212. National Security Cutter. 
Sec. 213. Radar refresher training. 
Sec. 214. Repeal. 
Sec. 215. Extension of authority. 
Sec. 216. Authorization of amounts for Fast Response Cutters. 
Sec. 217. Authorization of amounts for ice trials of icebreaker vessels. 
Sec. 218. Shoreside infrastructure. 
TITLE III—PORTS AND WATERWAYS SAFETY ACT 
Sec. 301. Codification of Ports and Waterways Safety Act. 
Sec. 302. Conforming amendments. 
Sec. 303. Transitional and savings provisions. 
Sec. 304. Rule of construction. 
Sec. 305. Advisory Committee: Repeal. 
TITLE IV—MARITIME TRANSPORTATION SAFETY 
Sec. 401. Clarification of logbook entries. 
Sec. 402. Technical corrections: licenses, certifications of registry, and merchant 
mariner documents. 
Sec. 403. Numbering for undocumented barges. 
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Sec. 404. Drawbridge deviation exemption. 
Sec. 405. Deadline for compliance with alternate safety compliance programs. 
Sec. 406. Authorization for marine debris program. 
Sec. 407. Alternative distress signals. 
Sec. 408. Atlantic Coast Port Access Route Study recommendations. 
Sec. 409. Documentation of recreational vessels. 
Sec. 410. Certificates of documentation for recreational vessels. 
Sec. 411. Backup global positioning system. 
Sec. 412. Waters deemed not navigable waters of the United States for certain 
purposes. 
Sec. 413. Uninspected passenger vessels in St. Louis County, Minnesota. 
Sec. 414. Engine cut-off switch requirements. 
Sec. 415. Analysis of commercial fishing vessel classification requirements. 
TITLE V—MISCELLANEOUS 
Sec. 501. Repeal. 
Sec. 502. Reimbursements for non-Federal construction costs of certain aids to 
navigation. 
Sec. 503. Corrections to provisions enacted by Coast Guard Authorization Acts. 
Sec. 504. Ship Shoal Lighthouse transfer: Repeal. 
Sec. 505. Coast Guard maritime domain awareness. 
Sec. 506. Towing safety management system fees. 
Sec. 507. Oil spill disbursements auditing and report. 
Sec. 508. Land exchange, Ayakulik Island, Alaska. 
Sec. 509. Vessel response plans in the Arctic. 
Sec. 510. Assessment of public comments on additional anchorages on the Hudson 
River. 
Sec. 511. Public safety answering points and maritime search and rescue coordi-
nation. 
Sec. 512. Documentation of ‘‘America’s Finest’’. 
TITLE I—AUTHORIZATIONS 
SEC. 101. AUTHORIZATIONS OF APPROPRIATIONS. 
Section 2702 of title 14, United States Code, is amend-
ed: 
(1) in the matter preceding paragraph (1), by 
striking ‘‘fiscal years 2016 and 2017’’ and inserting 
‘‘fiscal years 2018 and 2019’’; 
(2) in paragraph (1), by striking subparagraphs 
(A) and (B) and inserting the following: 
‘‘(A) $7,263,698,328 for fiscal year 2018; 
and 
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‘‘(B) $7,452,554,484 for fiscal year 2019.’’; 
(3) in paragraph (2), by striking subparagraphs 
(A) and (B) and inserting the following: 
‘‘(A) $1,945,000,000 for fiscal year 2018; 
and 
‘‘(B) $1,945,000,000 for fiscal year 2019.’’; 
(4) in paragraph (3), by striking subparagraphs 
(A) and (B) and inserting the following: 
‘‘(A) $134,237,000 for fiscal year 2018; and 
‘‘(B) $134,237,000 for fiscal year 2019.’’; 
(5) in paragraph (4), by striking subparagraphs 
(A) and (B) and inserting the following: 
‘‘(A) $16,701,000 for fiscal year 2018; and 
‘‘(B) $16,701,000 for fiscal year 2019.’’; and 
(6) in paragraph (5), by striking subparagraphs 
(A) and (B) and inserting the following: 
‘‘(A) $37,263,294 for fiscal year 2018; and 
‘‘(B) $38,232,140 for fiscal year 2019.’’. 
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 
AND TRAINING. 
Section 2704 of title 14, United States Code, is amend-
ed— 
(1) in subsection (a), by striking ‘‘for each of fis-
cal years 2016 and 2017’’ and inserting ‘‘for fiscal 
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interoperability among Federal agencies, non-Federal 
governmental agencies, or both. 
‘‘(b) DEFINITION.—For the purposes of this section, the 
term ‘public safety personnel’ includes any Federal, State 
(or political subdivision thereof), territorial, or tribal law 
enforcement officer, firefighter, or emergency response pro-
vider. 
‘‘(c) TREATMENT OF REIMBURSEMENT.—Any reim-
bursements for training that the Coast Guard receives under 
this section shall be credited to the appropriation used to 
pay the costs for such training. 
‘‘(d) STATUS OF TRAINED PERSONNEL; LIMITATION 
ON LIABILITY.— 
‘‘(1) STATUS.—Any public safety personnel to 
whom training is made available under this section 
who is not otherwise a Federal employee shall not, be-
cause of that training, be considered a Federal em-
ployee for any purpose (including the purposes of 
chapter 81 of title 5 (relating to compensation for in-
jury)) and sections 2671 through 2680 of title 28 (re-
lating to tort claims). 
‘‘(2) LIMITATION
ON
LIABILITY.—The United 
States shall not be liable for actions taken by such 
personnel in the course of training made available 
under this section.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for chapter 
7 of such title is amended by inserting at the end the fol-
lowing: 
‘‘155. Training; public safety personnel.’’. 
SEC. 202. COMMISSIONED SERVICE RETIREMENT. 
For Coast Guard officers who retire in fiscal year 2017 
or 2018, the President may reduce the period of active com-
missioned service required under section 291 of title 14, 
United States Code, to a period of not less than eight years. 
SEC. 203. OFFICER PROMOTION ZONES. 
Section 256(a) of title 14, United States Code, is 
amended by striking ‘‘six-tenths.’’ and inserting ‘‘one-half.’’. 
SEC. 204. CROSS REFERENCE. 
Section 373(a) of title 14, United States Code, is 
amended by inserting ‘‘designated under section 371’’ after 
‘‘cadet’’. 
SEC. 205. REPEAL. 
Section 482 of title 14, United States Code, and the 
item relating to that section in the analysis for chapter 13 
of that title, are repealed. 
SEC. 206. UNMANNED AIRCRAFT SYSTEM. 
(a) IN GENERAL.—Chapter 3 of title 14, United States 
Code, is amended by adding at the end the following: 
‘‘§ 61. Unmanned aircraft system 
‘‘(a) IN GENERAL.—Subject to the availability of ap-
propriations and to subsection (b), the Secretary of the de-
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partment in which the Coast Guard is operating shall estab-
lish a land-based unmanned aircraft system program under 
the control of the Commandant of the Coast Guard. 
‘‘(b) LIMITATIONS.— 
‘‘(1) IN GENERAL.—During any fiscal year for 
which funds are appropriated for the design or con-
struction of the Offshore Patrol Cutter, the Com-
mandant— 
‘‘(A) may not award a contract for design 
of an unmanned aircraft system for use by the 
Coast Guard; and 
‘‘(B) may acquire an unmanned aircraft 
system only if such a system— 
‘‘(i) has been part of a program of 
record, procured by, or used by, the Depart-
ment of Defense or the Department of 
Homeland Security, or a component thereof, 
before the date on which the Commandant 
acquires the system; and 
‘‘(ii) is acquired by the Commandant 
through an agreement with such a depart-
ment or component, unless the unmanned 
aircraft system can be obtained at less cost 
through independent contract action. 
‘‘(2) LIMITATIONS ON APPLICATION.— 
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‘‘(A) SMALL UNMANNED AIRCRAFT.—Para-
graph (1)(B) does not apply to small unmanned 
aircraft. 
‘‘(B) PREVIOUSLY FUNDED SYSTEMS.—Sub-
section (b) does not apply to the design or acqui-
sition of an unmanned aircraft system for which 
funds for research, development, test, and evalua-
tion have been received from the Department of 
Defense or the Department of Homeland Secu-
rity. 
‘‘(c) DEFINITIONS.—In this section each of the terms 
‘small unmanned aircraft’ and ‘unmanned aircraft system’ 
has the meaning that term has in section 331 of the FAA 
Modernization and Reform Act of 2012 (49 U.S.C. 40101 
note).’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
the following: 
‘‘61. Unmanned aircraft system.’’. 
(c) CONFORMING AMENDMENT.—Subsection (c) of sec-
tion 564 of title 14, United States Code, is repealed. 
SEC. 207. COAST GUARD HEALTH-CARE PROFESSIONALS; LI-
CENSURE PORTABILITY. 
(a) IN GENERAL.—Chapter 5 of title 14, United States 
Code, is amended by adding at the end the following: 
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‘‘§ 104. Coast Guard health-care professionals; licen-
sure portability 
‘‘(a) Notwithstanding any law regarding the licensure 
of health-care providers, a health-care professional described 
in subsection (b) may practice the health profession or pro-
fessions of the health-care professional at any location in 
any State, the District of Columbia, or a Commonwealth, 
territory, or possession of the United States, regardless of 
where such health-care professional or the patient are lo-
cated, if the practice is within the scope of the authorized 
Federal duties of such health-care professional. 
‘‘(b) A health-care professional described in this sub-
section is an individual— 
‘‘(1) who is— 
‘‘(A) a member of the Coast Guard; 
‘‘(B) a civilian employee of the Coast 
Guard; 
‘‘(C) a member of the Public Health Service 
who is assigned to the Coast Guard; 
‘‘(D) a personal services contractor under 
section 1091 of title 10; or 
‘‘(E) any other health-care professional 
credentialed and privileged at a Federal health- 
care institution or location specially designated 
by the Secretary; and 
‘‘(2) who— 
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‘‘(A) has a current license to practice medi-
cine, osteopathic medicine, dentistry, or another 
health profession; and 
‘‘(B) is performing authorized duties for the 
Coast Guard. 
‘‘(c) In this section each of the terms ‘license’ and 
‘health-care professional’ has the meaning that term has in 
section 1094(e) of title 10.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘104. Coast Guard health-care professionals; licensure portability.’’. 
SEC. 208. INCENTIVE CONTRACTS FOR COAST GUARD YARD 
AND INDUSTRIAL ESTABLISHMENTS. 
Section 648 of title 14, United States Code, is amend-
ed— 
(1) by inserting before the text the following: ‘‘(a) 
IN GENERAL.—’’; 
(2) in subsection (a), as designated by the 
amendment made by paragraph (1) of this section, by 
striking the period at the end of the last sentence and 
inserting ‘‘or in accordance with subsection (b).’’; and 
(3) by adding at the end the following: 
‘‘(b) INCENTIVE CONTRACTS.— 
‘‘(1) The parties to an order for industrial work 
to be performed by the Coast Guard Yard or a Coast 
Guard industrial establishment designated under sub-
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‘‘(B) the remainder of the adjustment shall 
be credited to the appropriation for such order 
current at that time.’’. 
SEC. 209. MAINTAINING CUTTERS IN CLASS. 
Section 573(c)(3)(A) of title 14, United States Code, 
is amended— 
(1) by striking ‘‘(A) IN GENERAL.—’’; and 
(2) by inserting ‘‘and shall maintain such cutter 
in class’’ before the period at the end. 
SEC. 210. CONGRESSIONAL AFFAIRS; DIRECTOR. 
(a) IN GENERAL.—Chapter 3 of title 14, United States 
Code, as amended by section 206 of this Act, is further 
amended by adding at the end the following: 
‘‘§ 62. Congressional affairs; director 
‘‘The Commandant shall appoint a Director of Con-
gressional Affairs from among officers of the Coast Guard 
who are in a grade above captain.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘62. Congressional Affairs; Director.’’. 
SEC. 211. CONTRACTING FOR MAJOR ACQUISITIONS PRO-
GRAMS. 
(a) IN GENERAL.—Subchapter II of chapter 15 of title 
14, United States Code, is amended by adding at the end 
the following: 
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‘‘§ 580. Contracting for major acquisitions programs 
‘‘(a) IN GENERAL.—The Commandant of the Coast 
Guard may enter into contracts for major acquisition pro-
grams. 
‘‘(b) AUTHORIZED METHODS.—Such contracts— 
‘‘(1) may be block buy contracts; 
‘‘(2) may be incrementally funded; 
‘‘(3) may include combined purchases, also 
known as economic order quantity purchases, of— 
‘‘(A) materials and components; and 
‘‘(B) long lead time materials; and 
‘‘(4) may be multiyear contracts that comply 
with section 2306b of title 10. 
‘‘(c) SUBJECT TO APPROPRIATIONS.—Any contract en-
tered into under subsection (a) shall provide that any obli-
gation of the United States to make a payment under the 
contract is subject to the availability of amounts specifically 
provided in advance for that purpose in subsequent appro-
priations Acts.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
of the items relating to such subchapter the following: 
‘‘580. Contracting for major acquisitions programs.’’. 
(c) CONFORMING AMENDMENTS.—The following provi-
sions are repealed: 
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(1) Section 223 of Public Law 113–281 (14 
U.S.C. 577 note), and the item relating to that section 
in the table of contents in section 2 of such Act. 
(2) Section 221(a) of Public Law 112–213 (14 
U.S.C. 573 note). 
(3) Section 207(a) of Public Law 114–120 (14 
U.S.C. 87 note). 
SEC. 212. NATIONAL SECURITY CUTTER. 
(a) STANDARD METHOD FOR TRACKING.—The Com-
mandant of the Coast Guard may not certify an eighth Na-
tional Security Cutter as Ready for Operations before the 
date on which the Commandant provides to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate— 
(1) a notification of a new standard method for 
tracking operational employment of Coast Guard 
major cutters that does not include time during which 
such a cutter is away from its homeport for mainte-
nance or repair; and 
(2) a report analyzing cost and performance for 
different approaches to achieving varied levels of oper-
ational employment using the standard method re-
quired by paragraph (1) that, at a minimum— 
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(A) compares over a 30-year period the av-
erage annualized baseline cost and performances 
for a certified National Security Cutter that op-
erated for 185 days away from homeport or an 
equivalent alternative measure of operational 
tempo— 
(i) against the cost of a 15 percent in-
crease in days away from homeport or an 
equivalent alternative measure of oper-
ational tempo for a National Security Cut-
ter; and 
(ii) against the cost of the acquisition 
and operation of an additional National 
Security Cutter; and 
(B) examines the optimal level of oper-
ational employment of National Security Cutters 
to balance National Security Cutter cost and 
mission performance. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 221(b) of the Coast Guard and Mari-
time Transportation Act of 2012 (14 U.S.C. 573 note) 
is repealed. 
(2) Section 204(c)(1) of the Coast Guard Author-
ization Act of 2016 (130 Stat. 35) is repealed. 
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SEC. 213. RADAR REFRESHER TRAINING. 
Section 11.480(F) of title 46, Code of Federal Regula-
tions, as in effect immediately before the enactment of this 
Act, shall have no force or effect. 
SEC. 214. REPEAL. 
Section 676a(a) of title 14, United States Code, is 
amended— 
(1) by striking paragraph (2); 
(2) by striking ‘‘(1) IN GENERAL.—’’; 
(3) by redesignating subparagraphs (A) and (B) 
as paragraphs (1) and (2), respectively; and 
(4) in paragraph (2), as so redesignated, by 
striking ‘‘subparagraph (A)’’ and inserting ‘‘para-
graph (1)’’. 
SEC. 215. EXTENSION OF AUTHORITY. 
Section 404 of the Coast Guard Authorization Act of 
2010 (Public Law 111–281; 124 Stat. 2950) is amended— 
(1) in subsection (a), in the text preceding para-
graph (1), by striking ‘‘sections 3304, 5333, and 
5753’’ and inserting ‘‘section 3304’’; and 
(2) in subsection (b), by striking ‘‘2017.’’ and in-
serting ‘‘2021.’’. 
SEC. 216. AUTHORIZATION OF AMOUNTS FOR FAST RE-
SPONSE CUTTERS. 
(a) IN GENERAL.—Of the amounts authorized for each 
fiscal year 2018 and 2019 under section 2702(2) of title 
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14, United States Code, as amended by this Act, 
$165,000,000 is authorized for the acquisition of three Fast 
Response Cutters in each such fiscal year. 
(b) TREATMENT OF ACQUIRED CUTTERS.—Any cutters 
acquired under subsection (a) shall be in addition to the 
58 cutters approved under the existing acquisition baseline. 
SEC. 217. AUTHORIZATION OF AMOUNTS FOR ICE TRIALS 
OF ICEBREAKER VESSELS. 
(a) IN GENERAL.—Of the amounts authorized for fis-
cal year 2018 under paragraphs (1) and (5) of section 2702 
of title 14, United States Code, as amended by this Act, 
up to $3,000,000 is authorized for the Commandant of the 
Coast Guard to carry out ice trials of icebreaker vessels doc-
umented under section 12111 of title 46, United States 
Code. 
(b) ASSESSMENTS.—Ice trials referred to in subsection 
(a) shall— 
(1) assess the ability of an icebreaker vessel to 
carry out the missions of the Coast Guard enumerated 
in section 2 of title 14, United States Code; or 
(2) conduct operational tests to produce informa-
tion that could be used in the design and acquisition 
of icebreaker vessels by the Coast Guard to carry out 
such missions. 
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SEC. 218. SHORESIDE INFRASTRUCTURE. 
Of the amounts authorized under section 2702(2) of 
title 14, United States Code, as amended by this Act, for 
each of fiscal years 2018 and 2019 there is authorized to 
be appropriated $165,000,000 to the Secretary of the de-
partment in which the Coast Guard is operating to fund 
the acquisition, construction, rebuilding or improvement of 
Coast Guard shoreside infrastructure and facilities nec-
essary to support Coast Guard operations and readiness. 
TITLE III—PORTS AND 
WATERWAYS SAFETY ACT 
SEC. 301. CODIFICATION OF PORTS AND WATERWAYS SAFE-
TY ACT. 
(a) CODIFICATION.—Subtitle VII of title 46, United 
States Code, is amended by inserting before chapter 701 the 
following: 
‘‘CHAPTER 700—PORTS AND WATERWAYS 
SAFETY 
‘‘SUBCHAPTER A—VESSEL OPERATIONS 
‘‘Sec. 
‘‘70001. Vessel traffic services. 
‘‘70002. Special powers. 
‘‘70003. Port access routes. 
‘‘70004. Considerations by Secretary. 
‘‘70005. International agreements. 
‘‘SUBCHAPTER B—PORTS AND WATERWAYS SAFETY 
‘‘70011. Waterfront safety. 
‘‘70012. Navigational hazards. 
‘‘70013. Requirement to notify Coast Guard of release of objects into the navigable 
waters of the United States. 
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‘‘SUBCHAPTER C—CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES 
‘‘70021. Conditions for entry to ports in the United States. 
‘‘SUBCHAPTER D—DEFINITIONS, REGULATIONS, ENFORCEMENT, INVESTIGATORY 
POWERS, APPLICABILITY 
‘‘70031. Definitions. 
‘‘70032. Saint Lawrence Seaway. 
‘‘70033. Limitation on application to foreign vessels. 
‘‘70034. Regulations. 
‘‘70035. Investigatory powers. 
‘‘70036. Enforcement. 
‘‘SUBCHAPTER A—VESSEL OPERATIONS 
‘‘§ 70001. Vessel traffic services 
‘‘(a) Subject to the requirements of section 70004, the 
Secretary— 
‘‘(1) in any port or place under the jurisdiction 
of the United States, in the navigable waters of the 
United States, or in any area covered by an inter-
national agreement negotiated pursuant to section 
70005, may construct, operate, maintain, improve, or 
expand vessel traffic services, that consist of measures 
for controlling or supervising vessel traffic or for pro-
tecting navigation and the marine environment and 
that may include one or more of reporting and oper-
ating requirements, surveillance and communications 
systems, routing systems, and fairways; 
‘‘(2) shall require appropriate vessels that oper-
ate in an area of a vessel traffic service to utilize or 
comply with that service; 
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‘‘(3)(A) may require vessels to install and use 
specified 
navigation 
equipment, 
communications 
equipment, electronic relative motion analyzer equip-
ment, or any electronic or other device necessary to 
comply with a vessel traffic service or that is nec-
essary in the interests of vessel safety. 
‘‘(B) Notwithstanding subparagraph (A), the 
Secretary shall not require fishing vessels under 300 
gross tons as measured under section 14502, or an al-
ternate tonnage measured under section 14302 as pre-
scribed by the Secretary under section 14104, or rec-
reational vessels 65 feet or less to possess or use the 
equipment or devices required by this subsection solely 
under the authority of this chapter; 
‘‘(4) may control vessel traffic in areas subject to 
the jurisdiction of the United States that the Sec-
retary determines to be hazardous, or under condi-
tions of reduced visibility, adverse weather, vessel con-
gestion, or other hazardous circumstances, by— 
‘‘(A) specifying times of entry, movement, 
or departure; 
‘‘(B) establishing vessel traffic routing 
schemes; 
‘‘(C) establishing vessel size, speed, or draft 
limitations and vessel operating conditions; and 
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‘‘(D) restricting operation, in any haz-
ardous area or under hazardous conditions, to 
vessels that have particular operating character-
istics or capabilities that the Secretary considers 
necessary for safe operation under the cir-
cumstances; 
‘‘(5) may require the receipt of prearrival mes-
sages from any vessel, destined for a port or place 
subject to the jurisdiction of the United States, in suf-
ficient time to permit advance vessel traffic planning 
before port entry, which shall include any informa-
tion that is not already a matter of record and that 
the Secretary determines necessary for the control of 
the vessel and the safety of the port or the marine en-
vironment; and 
‘‘(6) may prohibit the use on vessels of electronic 
or other devices that interfere with communication 
and navigation equipment, except that such authority 
shall not apply to electronic or other devices certified 
to transmit in the maritime services by the Federal 
Communications Commission and used within the 
frequency 
bands 
157.1875–157.4375 
MHz 
and 
161.7875–162.0375 MHz. 
‘‘(b) COOPERATIVE AGREEMENTS.— 
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‘‘(1) IN
GENERAL.—The Secretary may enter 
into cooperative agreements with public or private 
agencies, authorities, associations, institutions, cor-
porations, organizations, or other persons to carry out 
the functions under subsection (a)(1). 
‘‘(2) LIMITATION.— 
‘‘(A) A nongovernmental entity may not 
under this subsection carry out an inherently 
governmental function. 
‘‘(B) As used in this paragraph, the term 
‘inherently governmental function’ means any 
activity that is so intimately related to the pub-
lic interest as to mandate performance by an of-
ficer or employee of the Federal Government, in-
cluding an activity that requires either the exer-
cise of discretion in applying the authority of the 
Government or the use of judgment in making a 
decision for the Government. 
‘‘(c) LIMITATION OF LIABILITY FOR COAST GUARD 
VESSEL TRAFFIC SERVICE PILOTS
AND NON-FEDERAL 
VESSEL TRAFFIC SERVICE OPERATORS.— 
‘‘(1) COAST GUARD VESSEL TRAFFIC SERVICE PI-
LOTS.—Any pilot, acting in the course and scope of 
his or her duties while at a Coast Guard Vessel Traf-
fic Service, who provides information, advice, or com-
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munication assistance while under the supervision of 
a Coast Guard officer, member, or employee shall not 
be liable for damages caused by or related to such as-
sistance unless the acts or omissions of such pilot con-
stitute gross negligence or willful misconduct. 
‘‘(2) NON-FEDERAL
VESSEL
TRAFFIC
SERVICE 
OPERATORS.—An entity operating a non-Federal ves-
sel traffic information service or advisory service pur-
suant to a duly executed written agreement with the 
Coast Guard, and any pilot acting on behalf of such 
entity, is not liable for damages caused by or related 
to information, advice, or communication assistance 
provided by such entity or pilot while so operating or 
acting unless the acts or omissions of such entity or 
pilot constitute gross negligence or willful misconduct. 
‘‘§ 70002. Special powers 
‘‘The Secretary may order any vessel, in a port or 
place subject to the jurisdiction of the United States or in 
the navigable waters of the United States, to operate or an-
chor in a manner the Secretary directs if— 
‘‘(1) the Secretary has reasonable cause to believe 
such vessel does not comply with any regulation 
issued under this chapter or any other applicable law 
or treaty; 
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‘‘(2) the Secretary determines such vessel does 
not satisfy the conditions for port entry set forth in 
section 70021 of this title; or 
‘‘(3) by reason of weather, visibility, sea condi-
tions, port congestion, other hazardous circumstances, 
or the condition of such vessel, the Secretary is satis-
fied such direction is justified in the interest of safety. 
‘‘§ 70003. Port access routes 
‘‘(a) AUTHORITY TO DESIGNATE.—Except as provided 
in subsection (b) and subject to the requirements of sub-
section (c), in order to provide safe access routes for the 
movement of vessel traffic proceeding to or from ports or 
places subject to the jurisdiction of the United States, the 
Secretary shall designate necessary fairways and traffic 
separation schemes for vessels operating in the territorial 
sea of the United States and in high seas approaches, out-
side the territorial sea, to such ports or places. Such a des-
ignation shall recognize, within the designated area, the 
paramount right of navigation over all other uses. 
‘‘(b) LIMITATION.— 
‘‘(1) IN GENERAL.—No designation may be made 
by the Secretary under this section if— 
‘‘(A) the Secretary determines such a des-
ignation, as implemented, would deprive any 
person of the effective exercise of a right granted 
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by a lease or permit executed or issued under 
other applicable provisions of law; and 
‘‘(B) such right has became vested before the 
time of publication of the notice required by 
paragraph (1) of subsection (c). 
‘‘(2) CONSULTATION REQUIRED.—The Secretary 
shall make the determination under paragraph (1)(A) 
after consultation with the head of the agency respon-
sible for executing the lease or issuing the permit. 
‘‘(c) CONSIDERATION OF OTHER USES.—Before mak-
ing a designation under subsection (a), and in accordance 
with the requirements of section 70004, the Secretary 
shall— 
‘‘(1) undertake a study of the potential traffic 
density and the need for safe access routes for vessels 
in any area for which fairways or traffic separation 
schemes are proposed or that may otherwise be consid-
ered and publish notice of such undertaking in the 
Federal Register; 
‘‘(2) in consultation with the Secretary of State, 
the Secretary of the Interior, the Secretary of Com-
merce, the Secretary of the Army, and the Governors 
of affected States, as their responsibilities may re-
quire, take into account all other uses of the area 
under consideration, including, as appropriate, the 
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exploration for, or exploitation of, oil, gas, or other 
mineral resources, the construction or operation of 
deepwater ports or other structures on or above the 
seabed or subsoil of the submerged lands or the Outer 
Continental Shelf of the United States, the establish-
ment or operation of marine or estuarine sanctuaries, 
and activities involving recreational or commercial 
fishing; and 
‘‘(3) to the extent practicable, reconcile the need 
for safe access routes with the needs of all other rea-
sonable uses of the area involved. 
‘‘(d) STUDY.—In carrying out the Secretary’s respon-
sibilities under subsection (c), the Secretary shall— 
‘‘(1) proceed expeditiously to complete any study 
undertaken; and 
‘‘(2) after completion of such a study, prompt-
ly— 
‘‘(A) issue a notice of proposed rulemaking 
for the designation contemplated; or 
‘‘(B) publish in the Federal Register a no-
tice that no designation is contemplated as a re-
sult of the study and the reason for such deter-
mination. 
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‘‘(e) IMPLEMENTATION OF DESIGNATION.—In connec-
tion with a designation made under this section, the Sec-
retary— 
‘‘(1) shall issue reasonable rules and regulations 
governing the use of such designated areas, including 
rules and regulations regarding the applicability of 
rules 9 and 10 of the International Regulations for 
Preventing Collisions at Sea, 1972, relating to nar-
row channels and traffic separation schemes, respec-
tively, in waters where such regulations apply; 
‘‘(2) to the extent that the Secretary finds rea-
sonable and necessary to effectuate the purposes of the 
designation, make the use of designated fairways and 
traffic separation schemes mandatory for specific 
types and sizes of vessels, foreign and domestic, oper-
ating in the territorial sea of the United States and 
for specific types and sizes of vessels of the United 
States operating on the high seas beyond the terri-
torial sea of the United States; 
‘‘(3) may, from time to time, as necessary, adjust 
the location or limits of designated fairways or traffic 
separation schemes in order to accommodate the needs 
of other uses that cannot be reasonably accommodated 
otherwise, except that such an adjustment may not, in 
the judgment of the Secretary, unacceptably adversely 
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affect the purpose for which the existing designation 
was made and the need for which continues; and 
‘‘(4) shall, through appropriate channels— 
‘‘(A) notify cognizant international organi-
zations of any designation, or adjustment there-
of; and 
‘‘(B) take action to seek the cooperation of 
foreign States in making it mandatory for ves-
sels under their control to use, to the same extent 
as required by the Secretary for vessels of the 
United States, any fairway or traffic separation 
scheme designated under this section in any area 
of the high seas. 
‘‘§ 70004. Considerations by Secretary 
‘‘In carrying out the duties of the Secretary under sec-
tions 70001, 70002, and 70003, the Secretary shall— 
‘‘(1) take into account all relevant factors con-
cerning navigation and vessel safety, protection of the 
marine environment, and the safety and security of 
United States ports and waterways, including— 
‘‘(A) the scope and degree of the risk or haz-
ard involved; 
‘‘(B) 
vessel 
traffic 
characteristics 
and 
trends, including traffic volume, the sizes and 
types of vessels involved, potential interference 
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with the flow of commercial traffic, the presence 
of any unusual cargoes, and other similar fac-
tors; 
‘‘(C) port and waterway configurations and 
variations in local conditions of geography, cli-
mate, and other similar factors; 
‘‘(D) the need for granting exemptions for 
the installation and use of equipment or devices 
for use with vessel traffic services for certain 
classes of small vessels, such as self-propelled 
fishing vessels and recreational vessels; 
‘‘(E) the proximity of fishing grounds, oil 
and gas drilling and production operations, or 
any other potential or actual conflicting activity; 
‘‘(F) environmental factors; 
‘‘(G) economic impact and effects; 
‘‘(H) existing vessel traffic services; and 
‘‘(I) local practices and customs, including 
voluntary arrangements and agreements within 
the maritime community; and 
‘‘(2) at the earliest possible time, consult with 
and receive and consider the views of representatives 
of the maritime community, ports and harbor au-
thorities or associations, environmental groups, and 
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other persons who may be affected by the proposed ac-
tions. 
‘‘§ 70005. International agreements 
‘‘(a) TRANSMITTAL OF REGULATIONS.—The Secretary 
shall transmit, via the Secretary of State, to appropriate 
international bodies or forums, any regulations issued 
under this subchapter, for consideration as international 
standards. 
‘‘(b) AGREEMENTS.—The President is authorized and 
encouraged to— 
‘‘(1) enter into negotiations and conclude and 
execute agreements with neighboring nations, to estab-
lish compatible vessel standards and vessel traffic 
services, and to establish, operate, and maintain 
international vessel traffic services, in areas and 
under circumstances of mutual concern; and 
‘‘(2) enter into negotiations, through appropriate 
international bodies, and conclude and execute agree-
ments to establish vessel traffic services in appro-
priate areas of the high seas. 
‘‘(c) OPERATIONS.—The Secretary, pursuant to any 
agreement negotiated under subsection (b) that is binding 
upon the United States in accordance with constitutional 
requirements, may— 
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‘‘(1) require vessels operating in an area of a 
vessel traffic service to utilize or to comply with the 
vessel traffic service, including the carrying or instal-
lation of equipment and devices as necessary for the 
use of the service; and 
‘‘(2) waive, by order or regulation, the applica-
tion of any United States law or regulation con-
cerning the design, construction, operation, equip-
ment, personnel qualifications, and manning stand-
ards for vessels operating in waters over which the 
United States exercises jurisdiction if such vessel is 
not en route to or from a United States port or place, 
and if vessels en route to or from a United States port 
or place are accorded equivalent waivers of laws and 
regulations of the neighboring nation, when operating 
in waters over which that nation exercises jurisdic-
tion. 
‘‘(d) SHIP REPORTING SYSTEMS.—The Secretary, in 
cooperation with the International Maritime Organization, 
may implement and enforce two mandatory ship reporting 
systems, consistent with international law, with respect to 
vessels subject to such reporting systems entering the fol-
lowing areas of the Atlantic Ocean: 
‘‘(1) Cape Cod Bay, Massachusetts Bay, and 
Great South Channel (in the area generally bounded 
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by a line starting from a point on Cape Ann, Massa-
chusetts at 42 deg. 39′ N., 70 deg. 37′ W; then north-
east to 42 deg. 45′ N., 70 deg. 13′ W; then southeast 
to 42 deg. 10′ N., 68 deg. 31′ W, then south to 41 deg. 
00′ N., 68 deg. 31′ W; then west to 41 deg. 00′ N., 
69 deg. 17′ W; then northeast to 42 deg. 05′ N., 70 
deg. 02′ W, then west to 42 deg. 04′ N., 70 deg. 10′ 
W; and then along the Massachusetts shoreline of 
Cape Cod Bay and Massachusetts Bay back to the 
point on Cape Ann at 42 deg. 39′ N., 70 deg. 37′ W). 
‘‘(2) In the coastal waters of the Southeastern 
United States within about 25 nm along a 90 nm 
stretch of the Atlantic seaboard (in an area generally 
extending from the shoreline east to longitude 80 deg. 
51.6′ W with the southern and northern boundary at 
latitudes 30 deg. 00′ N., 31 deg. 27′ N., respectively). 
‘‘SUBCHAPTER B—PORTS AND WATERWAYS 
SAFETY 
‘‘§ 70011. Waterfront safety 
‘‘(a) IN GENERAL.—The Secretary may take such ac-
tion as is necessary to— 
‘‘(1) prevent damage to, or the destruction of, 
any bridge or other structure on or in the navigable 
waters of the United States, or any land structure or 
shore area immediately adjacent to such waters; and 
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‘‘(2) protect the navigable waters and the re-
sources therein from harm resulting from vessel or 
structure damage, destruction, or loss. 
‘‘(b) ACTIONS AUTHORIZED.—Actions authorized by 
subsection (a) include— 
‘‘(1) establishing procedures, measures, and 
standards for the handling, loading, unloading, stor-
age, stowage, and movement on a structure (including 
the emergency removal, control, and disposition) of 
explosives or other dangerous articles and substances, 
including oil or hazardous material as those terms 
are defined in section 2101; 
‘‘(2) prescribing minimum safety equipment re-
quirements for a structure to assure adequate protec-
tion from fire, explosion, natural disaster, and other 
serious accidents or casualties; 
‘‘(3) establishing water or waterfront safety 
zones, or other measures, for limited, controlled, or 
conditional access and activity when necessary for the 
protection of any vessel, structure, waters, or shore 
area; and 
‘‘(4) establishing procedures for examination to 
assure compliance with the requirements prescribed 
under this section. 
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‘‘(c) STATE LAW.—Nothing in this section, with re-
spect to structures, prohibits a State or political subdivision 
thereof from prescribing higher safety equipment require-
ments or safety standards than those that may be prescribed 
by regulations under this section. 
‘‘§ 70012. Navigational hazards 
‘‘(a) REPORTING PROCEDURE.—The Secretary shall 
establish a program to encourage fishermen and other vessel 
operators to report potential or existing navigational haz-
ards involving pipelines to the Secretary through Coast 
Guard field offices. 
‘‘(b) SECRETARY’S RESPONSE.— 
‘‘(1) NOTIFICATION
BY
THE
OPERATOR
OF
A 
PIPELINE.—Upon notification by the operator of a 
pipeline of a hazard to navigation with respect to 
that pipeline, the Secretary shall immediately notify 
Coast Guard headquarters, the Pipeline and Haz-
ardous Materials Safety Administration, other af-
fected Federal and State agencies, and vessel owners 
and operators in the pipeline’s vicinity. 
‘‘(2) NOTIFICATION BY OTHER PERSONS.—Upon 
notification by any other person of a hazard or poten-
tial hazard to navigation with respect to a pipeline, 
the Secretary shall promptly determine whether a 
hazard exists, and if so shall immediately notify 
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Coast Guard headquarters, the Pipeline and Haz-
ardous Materials Safety Administration, other af-
fected Federal and State agencies, vessel owners and 
operators in the pipeline’s vicinity, and the owner 
and operator of the pipeline. 
‘‘(c) PIPELINE DEFINED.—For purposes of this sec-
tion, the term ‘pipeline’ has the meaning given the term 
‘pipeline facility’ in section 60101(a)(18) of title 49. 
‘‘§ 70013. Requirement to notify Coast Guard of re-
lease of objects into the navigable waters 
of the United States 
‘‘(a) REQUIREMENT.—As soon as a person has knowl-
edge of any release from a vessel or facility into the navi-
gable waters of the United States of any object that creates 
an obstruction prohibited under section 10 of the Act of 
March 3, 1899, popularly known as the Rivers and Harbors 
Appropriations Act of 1899 (33 U.S.C. 403), such person 
shall notify the Secretary and the Secretary of the Army 
of such release. 
‘‘(b) RESTRICTION ON USE OF NOTIFICATION.—Any 
notification provided by an individual in accordance with 
subsection (a) may not be used against such individual in 
any criminal case, except a prosecution for perjury or for 
giving a false statement. 
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‘‘SUBCHAPTER C—CONDITION FOR ENTRY INTO 
PORTS IN THE UNITED STATES 
‘‘§ 70021. Conditions for entry to ports in the United 
States 
‘‘(a) IN GENERAL.—No vessel that is subject to chapter 
37 shall operate in the navigable waters of the United States 
or transfer cargo or residue in any port or place under the 
jurisdiction of the United States, if such vessel— 
‘‘(1) has a history of accidents, pollution inci-
dents, or serious repair problems that, as determined 
by the Secretary, creates reason to believe that such 
vessel may be unsafe or may create a threat to the 
marine environment; 
‘‘(2) fails to comply with any applicable regula-
tion issued under this chapter, chapter 37, or any 
other applicable law or treaty; 
‘‘(3) discharges oil or hazardous material in vio-
lation of any law of the United States or in a man-
ner or quantities inconsistent with any treaty to 
which the United States is a party; 
‘‘(4) does not comply with any applicable vessel 
traffic service requirements; 
‘‘(5) is manned by one or more officers who are 
licensed by a certificating State that the Secretary 
has determined, pursuant to section 9101 of title 46, 
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does not have standards for licensing and certification 
of seafarers that are comparable to or more stringent 
than United States standards or international stand-
ards that are accepted by the United States; 
‘‘(6) is not manned in compliance with manning 
levels as determined by the Secretary to be necessary 
to insure the safe navigation of the vessel; or 
‘‘(7) while underway, does not have at least one 
licensed deck officer on the navigation bridge who is 
capable of clearly understanding English. 
‘‘(b) EXCEPTIONS.— 
‘‘(1) IN
GENERAL.—The Secretary may allow 
provisional entry of a vessel that is not in compliance 
with subsection (a), if the owner or operator of such 
vessel proves, to the satisfaction of the Secretary, that 
such vessel is not unsafe or a threat to the marine en-
vironment, and if such entry is necessary for the safe-
ty of the vessel or persons aboard. 
‘‘(2) PROVISIONS NOT APPLICABLE.—Paragraphs 
(1), (2), (3), and (4) of subsection (a) of this section 
shall not apply to a vessel allowed provisional entry 
under paragraph (1) if the owner or operator of such 
vessel proves, to the satisfaction of the Secretary, that 
such vessel is no longer unsafe or a threat to the ma-
rine environment, and is no longer in violation of 
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any applicable law, treaty, regulation or condition, 
as appropriate. 
‘‘SUBCHAPTER D—DEFINITIONS, REGULATIONS, 
ENFORCEMENT, 
INVESTIGATORY 
POWERS, 
APPLICABILITY 
‘‘§ 70031. Definitions 
‘‘As used in this chapter, unless the context otherwise 
requires: 
‘‘(1) The term ‘marine environment’ means— 
‘‘(A) the navigable waters of the United 
States and the land and resources therein and 
thereunder; 
‘‘(B) the waters and fishery resources of any 
area over which the United States asserts exclu-
sive fishery management authority; 
‘‘(C) the seabed and subsoil of the Outer 
Continental Shelf of the United States, the re-
sources thereof, and the waters superjacent there-
to; and 
‘‘(D) the recreational, economic, and scenic 
values of such waters and resources. 
‘‘(2) The term ‘Secretary’ means the Secretary of 
the department in which the Coast Guard is oper-
ating, except that such term means the Secretary of 
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