§ 1902. Ships subject to preventive measures

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Act to Prevent Pollution from Ships

   Pub. L. 96–478 § 3 · 94 Stat. 2297

   Enacted · 33 U.S.C. § 1902

   Pub. L. 96–478, § 3, Oct. 21, 1980, 94 Stat. 2297

   Source evidence

   Code source credit
   Pub. L. 96–478, § 3, Oct. 21, 1980, 94 Stat. 2297

   Enacted provision · exact public law section
   Sec. 3. (a) This Act applies to— Applicability. 33 USC 1902. (1) a ship of United States registry or nationality, or one operated under the authority of the United States, wherever located; (2) a ship registered in or of the nationality of a country party to the MARPOL Protocol, or one operated under the authority of a country party to the MARPOL Protocol, while in the navigable waters of the United States; and (3) a ship registered in or of the nationality of a country not a party to the MARPOL Protocol, under subsection (c) of this section, while in the navigable waters of the United States. (b) This Act does not apply to— (1) a warship, naval auxiliary, or other ship owned or operated by the United States when engaged in noncommercial service; or (2) any other ship specifically excluded by the MARPOL Protocol. (c) The Secretary shall prescribe regulations applicable to the ships of a country not a party to the MARPOL Protocol to ensure that their treatment is not more favorable than that accorded ships of parties to the MARPOL Protocol. (d) The heads of Federal departments and agencies shall prescribe standards applicable to ships excluded from this Act by subsection (b)(1) of this section and for which they are responsible. Standards prescribed under this subsection shall ensure, so far as is reasonable and practicable without impairing the operations or operational capabilities of such ships, that such ships act in a manner consistent with the MARPOL Protocol.

2. 1987

   United States-Japan Fishery Agreement Approval Act of 1987

   Pub. L. 100–220 § 2102(a) · 101 Stat. 1458

   Amended · 33 U.S.C. § 1902(a)

   Pub. L. 100–220, § 2102(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “This chapter applies to—

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–220, § 2102(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “This chapter applies to—

   “(1) a ship of United States registry or nationality, or one operated under the authority of the United States, wherever located; “(2) a ship registered in or of the nationality of a country party to the MARPOL Protocol, or one operated under the authority of a country party to the MARPOL Protocol, while in the navigable waters of the United States; and “(3) a ship registered in or of the nationality of a country not a party to the MARPOL Protocol, under subsection (c) of this section, while in the navigable waters of the United States.”

   Enacted provision · exact public law section
   (a) In General.— Section 3(a) of the Act to Prevent Pollution from Ships is amended to read as follows: 33 USC 1902. “(a) This Act shall apply— “(1) to a ship of United States registry or nationality, or one operated under the authority of the United States, wherever located; “(2) with respect to Annexes I and II to the Convention, to a ship, other than a ship referred to in paragraph (1), while in the navigable waters of the United States; “(3) with respect to the requirements of Annex V to the Convention, to a ship, other than a ship referred to in paragraph (1), while in the navigable waters or the exclusive economic zone of the United States; and “(4) with respect to regulations prescribed under section 6 of this Act, any port or terminal in the United States.”.

   Effective date note
   Amendment by Pub. L. 100–220 effective Dec. 31, 1988, the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see section 2002(a) of Pub. L. 100–220, set out as a note under section 1901 of this title.

3. 1987

   United States-Japan Fishery Agreement Approval Act of 1987

   Pub. L. 100–220 § 2102(b) · 101 Stat. 1458

   Amended · 33 U.S.C. § 1902(b)

   Pub. L. 100–220, § 2102(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “This chapter does not apply to—

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–220, § 2102(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “This chapter does not apply to—

   “(1) a warship, naval auxiliary, or other ship owned or operated by the United States when engaged in noncommercial service; or “(2) any other ship specifically excluded by the MARPOL Protocol.”

   Enacted provision · exact public law section
   (b) Exclusions.— Section 3(b) of the Act to Prevent Pollution from Ships is amended to read as follows: “(b) (1) Except as provided in paragraph (2), this Act shall not apply to— “(A) a warship, naval auxiliary, or other ship owned or operated by the United States when engaged in noncommercial service; or “(B) any other ship specifically excluded by the MARPOL Protocol. “(2) (A) Notwithstanding any provision of the MARPOL Protocol, and subject to subparagraph (B) of this paragraph, the requirements of Annex V to the Convention shall apply after 5 years after the effective date of this paragraph to a ship referred to in paragraph (1)(A). “(B) This paragraph shall not apply during time of war or a declared national emergency.”.

   Effective date note
   Amendment by Pub. L. 100–220 effective Dec. 31, 1988, the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see section 2002(a) of Pub. L. 100–220, set out as a note under section 1901 of this title.

4. 1987

   United States-Japan Fishery Agreement Approval Act of 1987

   Pub. L. 100–220 § 2102(c) · 101 Stat. 1458

   Amended · 33 U.S.C. § 1902(c)

   Pub. L. 100–220, § 2102(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary shall prescribe regulations applicable to the ships of a country not a party to the MARPOL Protocol to ensure that their treatment is not more favorable than that accorded ships of parties to the MARPOL Protocol.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–220, § 2102(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary shall prescribe regulations applicable to the ships of a country not a party to the MARPOL Protocol to ensure that their treatment is not more favorable than that accorded ships of parties to the MARPOL Protocol.”

   Enacted provision · exact public law section
   (c) Regulations.— Section 3(c) of the Act to Prevent Pollution from Ships is amended to read as follows: “(c) The Secretary shall prescribe regulations applicable to the ships of a country not a party to the MARPOL Protocol, including regulations conforming to and giving effect to the requirements of Annex V as they apply under subsection (a) of section 3, to ensure that their treatment is not more favorable than that accorded ships to parties to the MARPOL Protocol.”.

   Effective date note
   Amendment by Pub. L. 100–220 effective Dec. 31, 1988, the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, entered into force for the United States, see section 2002(a) of Pub. L. 100–220, set out as a note under section 1901 of this title.

5. 1993

   Pub. L. 103–160 § 1003(a) · 107 Stat. 1547

   Substituted · 33 U.S.C. § 1902(b)(2)(A)

   Pub. L. 103–160, § 1003(a), substituted “as follows:” and cls. (i) to (iii) for “after 5 years after the effective date of this paragraph to a ship referred to in paragraph (1)(A).”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(A). Pub. L. 103–160, § 1003(a), substituted “as follows:” and cls. (i) to (iii) for “after 5 years after the effective date of this paragraph to a ship referred to in paragraph (1)(A).”

   Enacted provision · exact public law section
   (a) Compliance by Navy Ships with Certain Pollution Control Conventions.— Subsection (b)(2)(A) of section 3 of the Act to Prevent Pollution from Ships (33 U.S.C. 1902) is amended by striking out “after 5 years” and all that follows and inserting in lieu thereof “as follows: “(i) After December 31, 1993, to all ships referred to in paragraph (1)(A) of this subsection other than those owned or operated by the Department of the Navy. “(ii) Except as provided in subsection (c) of this section, after December 31, 1998, to all ships referred to in paragraph (1)(A) of this subsection other than submersibles owned or operated by the Department of the Navy. “(iii) Except as provided in subsection (c) of this section, after December 31, 2008, to all ships referred to in paragraph (1)(A) of this subsection.”.

6. 1993

   Pub. L. 103–160 § 1003(b) · 107 Stat. 1547

   1. Added · 33 U.S.C. § 1902(c); 33 U.S.C. § 1902(d)

      Pub. L. 103–160, § 1003(b), added subsec. (c)

   2. Redesignated · 33 U.S.C. § 1902(c); 33 U.S.C. § 1902(d)

      Pub. L. 103–160, § 1003(b), redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (g)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 103–160, § 1003(b), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (g).

   Enacted provision · exact public law section
   (b) Special Area Discharges.— Section 3 of such Act is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (g), respectively; and (2) by inserting after subsection (b) the following new subsection (c): “(c) Discharges in Special Areas.— (1) Not later than December 31, 2000, all surface ships owned or operated by the Department of the Navy, and not later than December 31, 2008, all submersibles owned or operated by the Department of the Navy, shall comply with the special area requirements of Regulation 5 of Annex V to the Convention. “(2) Not later than 3 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1994, the Secretary of the Navy shall, in consultation with the Secretary of State, the Secretary of Commerce, the Secretary of Transportation, and the Administrator of the Environmental Protection Agency, submit to the Congress a plan for the compliance by all ships owned or operated by the Department of the Navy with the requirements set forth in paragraph (1) of this subsection. Such plan shall be submitted after opportunity for public participation in its preparation, and for public review and comment. “(3) If the Navy plan for compliance demonstrates that compliance with the requirements set forth in paragraph (1) of this subsection is not technologically feasible in the case of certain ships under certain circumstances, the plan shall include information describing— “(A) the ships for which full compliance with the requirements of paragraph (1) of this subsection is not technologically feasible; “(B) the technical and operational impediments to achieving such compliance; “(C) a proposed alternative schedule for achieving such compliance as rapidly as is technologically feasible; and “(D) such other information as the Secretary of the Navy considers relevant and appropriate. “(4) Upon receipt of the compliance plan under paragraph (2) of this subsection, the Congress may modify the applicability of paragraph (1) of this subsection, as appropriate.”.

7. 1993

   Pub. L. 103–160 § 1003(c) · 107 Stat. 1547

   Added · 33 U.S.C. § 1902(e); 33 U.S.C. § 1902(f)

   Pub. L. 103–160, § 1003(c), (d), added subsecs. (e) and (f)

   Source evidence

   Code amendment note
   Subsecs. (e), (f). Pub. L. 103–160, § 1003(c), (d), added subsecs. (e) and (f).

   Enacted provision · exact public law section
   (c) Compliance Measures.— Section 3 of such Act is amended by inserting after subsection (d), as redesignated by subsection (b)(1), the following new subsection: “(e) Compliance by Excluded Vessels.— (1) The Secretary of the Navy shall develop and, as appropriate, support the development of technologies and practices for solid waste management aboard ships owned or operated by the Department of the Navy, including technologies and practices for the reduction of the waste stream generated aboard such ships, that are necessary to ensure the compliance of such ships with Annex V to the Convention on or before the dates referred to in subsections (b)(2)(A) and (c)(1) of this section. “(2) Notwithstanding any effective date of the application of this section to a ship, the provisions of Annex V to the Convention with respect to the disposal of plastic shall apply to ships equipped with plastic processors required for the long-term collection and storage of plastic aboard ships of the Navy upon the installation of such processors in such ships. “(3) Except when necessary for the purpose of securing the safety of the ship, the health of the ship’s personnel, or saving life at sea, it shall be a violation of this Act for a ship referred to in subsection (b)(1)(A) of this section that is owned or operated by the Department of the Navy: “(A) With regard to a submersible, to discharge buoyant garbage or garbage that contains more than the minimum amount practicable of plastic. “(B) With regard to a surface ship, to discharge plastic contaminated by food during the last 3 days before the ship enters port. “(C) With regard to a surface ship, to discharge plastic, except plastic that is contaminated by food, during the last 20 days before the ship enters port. “(4) The Secretary of Defense shall publish in the Federal Register: “(A) Beginning on October 1, 1994, and each year thereafter until October 1, 2000, the amount and nature of the discharges in special areas, not otherwise authorized under Annex V to the Convention, during the preceding year from ships referred to in subsection (b)(1)(A) of this section owned or operated by the Department of the Navy. “(B) Beginning on October 1, 1996, and each year thereafter until October 1, 1998, a list of the names of such ships equipped with plastic processors pursuant to section 1003(e) of the National Defense Authorization Act for Fiscal Year 1994.”.

8. 1993

   Pub. L. 103–160 § 1003(b)(1) · 107 Stat. 1547

   Redesignated · 33 U.S.C. § 1902(g)

   Pub. L. 103–160, § 1003(b)(1), redesignated subsec. (d) as (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 103–160, § 1003(b)(1), redesignated subsec. (d) as (g).

   Enacted provision · exact public law section
   (1) by redesignating subsections (c) and (d) as subsections (d) and (g), respectively; and

9. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 324(a)(1) · 110 Stat. 2422

   Substituted · 33 U.S.C. § 1902(c)(1)

   Pub. L. 104–201, § 324(a)(1), substituted “Except as provided in paragraphs (2) and (3), not later than” for “Not later than”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 104–201, § 324(a)(1), substituted “Except as provided in paragraphs (2) and (3), not later than” for “Not later than”.

   Enacted provision · exact public law section
   (1) in paragraph (1), by striking out “Not later than” and inserting in lieu thereof “Except as provided in paragraphs (2) and (3), not later than”; and

10. 1996

    National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 § 324(a)(2) · 110 Stat. 2422

    1. Added · 33 U.S.C. § 1902(c)(2)(4)

       Pub. L. 104–201, § 324(a)(2), added pars. (2) and (3)

    2. Struck · 33 U.S.C. § 1902(c)(2)(4)

       Pub. L. 104–201, § 324(a)(2), struck out former pars. (2) to (4) which required the Secretary of the Navy to submit to Congress a plan for compliance of Navy ships with the requirements set forth in par. (1) of this subsec. and provided for modification of the applicability of par. (1) as appropriate

    Source evidence

    Code amendment note
    Subsec. (c)(2) to (4). Pub. L. 104–201, § 324(a)(2), added pars. (2) and (3) and struck out former pars. (2) to (4) which required the Secretary of the Navy to submit to Congress a plan for compliance of Navy ships with the requirements set forth in par. (1) of this subsec. and provided for modification of the applicability of par. (1) as appropriate.

    Enacted provision · exact public law section
    (2) by striking out paragraphs (2), (3), and (4) and inserting in lieu thereof the following: “(2) (A) Subject to subparagraph (B), any ship described in subparagraph (C) may discharge, without regard to the special area requirements of Regulation 5 of Annex V to the Convention, the following non-plastic, non-floating garbage: “(i) A slurry of seawater, paper, cardboard, or food waste that is capable of passing through a screen with openings no larger than 12 millimeters in diameter. “(ii) Metal and glass that have been shredded and bagged so as to ensure negative buoyancy. “(B) (i) Garbage described in subparagraph (A)(i) may not be discharged within 3 nautical miles of land. “(ii) Garbage described in subparagraph (A)(ii) may not be discharged within 12 nautical miles of land. “(C) Applicability. This paragraph applies to any ship that is owned or operated by the Department of the Navy that, as determined by the Secretary of the Navy— “(i) has unique military design, construction, manning, or operating requirements; and “(ii) cannot fully comply with the special area requirements of Regulation 5 of Annex V to the Convention because compliance is not technologically feasible or would impair the operations or operational capability of the ship. “(3)Regulations.Federal Register, publication. (A) Not later than December 31, 2000, the Secretary of the Navy shall prescribe and publish in the Federal Register standards to ensure that each ship described in subparagraph (B) is, to the maximum extent practicable without impairing the operations or operational capabilities of the ship, operated in a manner that is consistent with the special area requirements of Regulation 5 of Annex V to the Convention. “(B) Applicability.Effective date.Termination date. Subparagraph (A) applies to surface ships that are owned or operated by the Department of the Navy that the Secretary plans to decommission during the period beginning on January 1, 2001, and ending on December 31, 2005. “(C) Federal Register, publication. At the same time that the Secretary publishes standards under subparagraph (A), the Secretary shall publish in the Federal Register a list of the ships covered by subparagraph (B).”.

11. 1996

    National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 § 324(d) · 110 Stat. 2422

    Amended · 33 U.S.C. § 1902(e)(4)(A)

    Pub. L. 104–201, § 324(d), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Beginning on October 1, 1994, and each year thereafter until October 1, 2000, the amount and nature of the discharges in special areas, not otherwise authorized under Annex V to the Convention, during the preceding year from ships referred to in subsection (b)(1)(A) of this section owned or operated by the Department of the Navy.”

    Source evidence

    Code amendment note
    Subsec. (e)(4)(A). Pub. L. 104–201, § 324(d), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Beginning on October 1, 1994, and each year thereafter until October 1, 2000, the amount and nature of the discharges in special areas, not otherwise authorized under Annex V to the Convention, during the preceding year from ships referred to in subsection (b)(1)(A) of this section owned or operated by the Department of the Navy.”

    Enacted provision · exact public law section
    (d) Publication Regarding Special Area Discharges.— Subparagraph (A) of section 3(e)(4) of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(e)(4)) is amended to read as follows: “(A) Each year, the amount and nature of the discharges in special areas, not otherwise authorized under this Act, during the preceding year from ships referred to in subsection (b)(1)(A) of this section owned or operated by the Department of the Navy.”.

12. 1996

    Antarctic Science, Tourism, and Conservation Act of 1996

    Pub. L. 104–227 title II § 201(b) · 110 Stat. 3034

    Inserted · 33 U.S.C. § 1902(b)(1)(B)

    Pub. L. 104–227 inserted “or the Antarctic Protocol” after “MARPOL Protocol”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 104–227 inserted “or the Antarctic Protocol” after “MARPOL Protocol”.

    Enacted provision · exact public law section
    (b) Application of Act.— Section 3(b)(1)(B) of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(b)(1)(B)) is amended by inserting “or the Antarctic Protocol” after “MARPOL Protocol”.

13. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 326(a)(1) · 112 Stat. 1920

    Added · 33 U.S.C. § 1902(c)(2)(A)(iii)

    Pub. L. 105–261, § 326(a)(1), added cl. (iii)

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A)(iii). Pub. L. 105–261, § 326(a)(1), added cl. (iii).

    Enacted provision · exact public law section
    (1) in subparagraph (A), by adding at the end the following: “(iii) With regard to a submersible, nonplastic garbage that has been compacted and weighted to ensure negative buoyancy.”; and

14. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 326(a)(2) · 112 Stat. 1920

    Substituted · 33 U.S.C. § 1902(c)(2)(B)(ii)

    Pub. L. 105–261, § 326(a)(2), substituted “clauses (ii) and (iii) of subparagraph (A)” for “subparagraph (A)(ii)”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B)(ii). Pub. L. 105–261, § 326(a)(2), substituted “clauses (ii) and (iii) of subparagraph (A)” for “subparagraph (A)(ii)”.

    Enacted provision · exact public law section
    (2) in subparagraph (B)(ii), by striking out “subparagraph (A)(ii)” and inserting in lieu thereof “clauses (ii) and (iii) of subparagraph (A)”.

15. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 326(b) · 112 Stat. 1920

    Struck · 33 U.S.C. § 1902(e)(3)(A)

    Pub. L. 105–261, § 326(b), struck out “garbage that contains more than the minimum amount practicable of” after “buoyant garbage or”

    Source evidence

    Code amendment note
    Subsec. (e)(3)(A). Pub. L. 105–261, § 326(b), struck out “garbage that contains more than the minimum amount practicable of” after “buoyant garbage or”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— subsection (e)(3)(A) of that section is amended by striking out “garbage that contains more than the minimum amount practicable of”.

16. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 4(1) · 122 Stat. 2611

    Added · 33 U.S.C. § 1902(a)(5)

    Pub. L. 110–280, § 4(1), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 110–280, § 4(1), added par. (5).

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking “and” at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting “; and”; and (C) by adding at the end the following: “(5) with respect to Annex VI to the Convention, and other than with respect to a ship referred to in paragraph (1)— “(A) to a ship that is in a port, shipyard, offshore terminal, or the internal waters of the United States; “(B) to a ship that is bound for, or departing from, a port, shipyard, offshore terminal, or the internal waters of the United States, and is in— “(i) the navigable waters or the exclusive economic zone of the United States; “(ii) an emission control area designated pursuant to section 4; or “(iii) any other area that the Administrator, in consultation with the Secretary and each State in which any part of the area is located, has designated by order as being an area from which emissions from ships are of concern with respect to protection of public health, welfare, or the environment; “(C) to a ship that is entitled to fly the flag of, or operating under the authority of, a party to Annex VI, and is in— “(i) the navigable waters or the exclusive economic zone of the United States; “(ii) an emission control area designated under section 4; or “(iii) any other area that the Administrator, in consultation with the Secretary and each State in which any part of the area is located, has designated by order as being an area from which emissions from ships are of concern with respect to protection of public health, welfare, or the environment; and “(D) to any other ship, to the extent that, and in the same manner as, such ship may be boarded by the Secretary to implement or enforce any other law of the United States or Annex I, II, or V of the Convention, and is in— “(i) the exclusive economic zone of the United States; “(ii) the navigable waters of the United States; “(iii) an emission control area designated under section 4; or “(iv) any other area that the Administrator, in consultation with the Secretary and each State in which any part of the area is located, has designated by order as being an area from which emissions from ships are of concern with respect to protection of public health, welfare, or the environment.” ;

17. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 4(2)(A) · 122 Stat. 2611

    Substituted · 33 U.S.C. § 1902(b)(1)

    Pub. L. 110–280, § 4(2)(A), substituted “paragraphs (2) and (3),” for “paragraph (2),” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 110–280, § 4(2)(A), substituted “paragraphs (2) and (3),” for “paragraph (2),” in introductory provisions.

    Enacted provision · exact public law section
    (A) in paragraph (1) by striking “paragraph (2),” and inserting “paragraphs (2) and (3),”; and

18. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 4(2)(B) · 122 Stat. 2611

    Added · 33 U.S.C. § 1902(b)(3)

    Pub. L. 110–280, § 4(2)(B), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 110–280, § 4(2)(B), added par. (3).

    Enacted provision · exact public law section
    (B) by adding at the end the following: “(3) With respect to Annex VI the Administrator, or the Secretary, as relevant to their authorities pursuant to this Act, may determine that some or all of the requirements under this Act shall apply to one or more classes of public vessels, except that such a determination by the Administrator shall have no effect unless the head of the Department or agency under which the vessels operate concurs in the determination. This paragraph does not apply during time of war or during a declared national emergency.” ;

19. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 4(3) · 122 Stat. 2611

    1. Added · 33 U.S.C. § 1902(c); 33 U.S.C. § 1902(d)

       Pub. L. 110–280, § 4(3), added subsec. (c)

    2. Redesignated · 33 U.S.C. § 1902(c); 33 U.S.C. § 1902(d)

       Pub. L. 110–280, § 4(3), redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 110–280, § 4(3), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).

    Enacted provision · exact public law section
    (3) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively, and inserting after subsection (b) the following: “(c) Application to Other Persons.— This Act shall apply to all persons to the extent necessary to ensure compliance with Annex VI to the Convention.” ;

20. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 4(4)(C) · 122 Stat. 2611

    Substituted · 33 U.S.C. § 1902(e)

    Pub. L. 110–280, § 4(4)(C), substituted “Protocol (or the applicable Annex), including regulations conforming to and giving effect to the requirements of Annex V and Annex VI” for “Protocol, including regulations conforming to and giving effect to the requirements of Annex V”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 110–280, § 4(4)(C), substituted “Protocol (or the applicable Annex), including regulations conforming to and giving effect to the requirements of Annex V and Annex VI” for “Protocol, including regulations conforming to and giving effect to the requirements of Annex V”.

    Enacted provision · exact public law section
    (C) by striking “Protocol, including regulations conforming to and giving effect to the requirements of Annex V” and inserting “Protocol (or the applicable Annex), including regulations conforming to and giving effect to the requirements of Annex V and Annex VI”; and

21. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 4(4)(B) · 122 Stat. 2611

    Changed · 33 U.S.C. § 1902(e)

    Pub. L. 110–280, § 4(4)(B), made technical amendment to reference in original act which appears in text as reference to “of this section” requiring no change in text

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–280, § 4(4)(B), made technical amendment to reference in original act which appears in text as reference to “of this section” requiring no change in text.

    Enacted provision · exact public law section
    (B) by striking “of section (3),” and inserting “of this section,”; and

22. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 4(4)(A) · 122 Stat. 2611

    Inserted · 33 U.S.C. § 1902(e)

    Pub. L. 110–280, § 4(4)(A), inserted “or the Administrator, consistent with section 1903 of this title,” after “Secretary”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–280, § 4(4)(A), inserted “or the Administrator, consistent with section 1903 of this title,” after “Secretary”.

    Enacted provision · exact public law section
    (A) by inserting “or the Administrator, consistent with section 4 of this Act,” after “Secretary”;

23. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 4(3) · 122 Stat. 2611

    Redesignated · 33 U.S.C. § 1902(e)

    Pub. L. 110–280, § 4(3), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–280, § 4(3), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

    Enacted provision · exact public law section
    (3) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively, and inserting after subsection (b) the following: “(c) Application to Other Persons.— This Act shall apply to all persons to the extent necessary to ensure compliance with Annex VI to the Convention.” ;

24. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 4(3) · 122 Stat. 2611

    Redesignated · 33 U.S.C. § 1902(f)(h)

    Pub. L. 110–280, § 4(3), redesignated subsecs. (e) to (g) as (f) to (h), respectively

    Source evidence

    Code amendment note
    Subsecs. (f) to (h). Pub. L. 110–280, § 4(3), redesignated subsecs. (e) to (g) as (f) to (h), respectively.

    Enacted provision · exact public law section
    (3) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively, and inserting after subsection (b) the following: “(c) Application to Other Persons.— This Act shall apply to all persons to the extent necessary to ensure compliance with Annex VI to the Convention.” ;

25. 2008

    Maritime Pollution Prevention Act of 2008

    Pub. L. 110–280 § 4(5) · 122 Stat. 2611

    Added · 33 U.S.C. § 1902(i)

    Pub. L. 110–280, § 4(5), added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 110–280, § 4(5), added subsec. (i).

    Enacted provision · exact public law section
    (5) by adding at the end thereof the following: “(i) Savings Clause.— Nothing in this section shall be construed to restrict in a manner inconsistent with international law navigational rights and freedoms as defined by United States law, treaty, convention, or customary international law.” .

26. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 313(a) · 125 Stat. 1298

    Amended · 33 U.S.C. § 1902(b)

    Pub. L. 112–81, § 313(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to excluded vessels

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 112–81, § 313(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to excluded vessels.

    Enacted provision · exact public law section
    (a) Discharge Restrictions for Ships of the Armed Forces.— Subsection (b) of section 3 of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(b)) is amended to read as follows: “(b) (1) Except as provided in paragraph (3), this Act shall not apply to— “(A) a ship of the Armed Forces described in paragraph (2); or “(B) any other ship specifically excluded by the MARPOL Protocol or the Antarctic Protocol. “(2) A ship described in this paragraph is a ship that is owned or operated by the Secretary, with respect to the Coast Guard, or by the Secretary of a military department, and that, as determined by the Secretary concerned— “(A) has unique military design, construction, manning, or operating requirements; and “(B) cannot fully comply with the discharge requirements of Annex V to the Convention because compliance is not technologically feasible or would impair the operations or operational capability of the ship. “(3) (A) Applicability. Notwithstanding any provision of the MARPOL Protocol, the requirements of Annex V to the Convention shall apply to all ships referred to in subsection (a) other than those described in paragraph (2). “(B) A ship that is described in paragraph (2) shall limit the discharge into the sea of garbage as follows: “(i) The discharge into the sea of plastics, including synthetic ropes, synthetic fishing nets, plastic garbage bags, and incinerator ashes from plastic products that may contain toxic chemicals or heavy metals, or the residues thereof, is prohibited. “(ii) Garbage consisting of the following material may be discharged into the sea, subject to subparagraph (C): “(I) A non-floating slurry of seawater, paper, cardboard, or food waste that is capable of passing through a screen with openings no larger than 12 millimeters in diameter. “(II) Metal and glass that have been shredded and bagged (in compliance with clause (i)) so as to ensure negative buoyancy. “(III) With regard to a submersible, nonplastic garbage that has been compacted and weighted to ensure negative buoyancy. “(IV) Ash from incinerators or other thermal destruction systems not containing toxic chemicals, heavy metals, or incompletely burned plastics. “(C) (i) Garbage described in subparagraph (B)(ii)(I) may not be discharged within 3 nautical miles of land. “(ii) Garbage described in subclauses (II), (III), and (IV) of subparagraph (B)(ii) may not be discharged within 12 nautical miles of land. “(D) Notwithstanding subparagraph (C), a ship described in paragraph (2) that is not equipped with garbage-processing equipment sufficient to meet the requirements of subparagraph (B)(ii) may discharge garbage that has not been processed in accordance with subparagraph (B)(ii) if such discharge occurs as far as practicable from the nearest land, but in any case not less than— “(i) 12 nautical miles from the nearest land, in the case of food wastes and non-floating garbage, including paper products, cloth, glass, metal, bottles, crockery, and similar refuse; and “(ii) 25 nautical miles from the nearest land, in the case of all other garbage. “(E) This paragraph shall not apply when discharge of any garbage is necessary for the purpose of securing the safety of the ship, the health of the ship’s personnel, or saving life at sea. In Reports. the event that there is such a discharge, the discharge shall be reported to the Secretary, with respect to the Coast Guard, or the Secretary concerned. “(F) This paragraph shall not apply during time of war or a national emergency declared by the President or Congress.” .

27. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 313(b)(1) · 125 Stat. 1298

    Substituted · 33 U.S.C. § 1902(f)(1)

    Pub. L. 112–81, § 313(b)(1), substituted “subsection (b)” for “Annex V to the Convention on or before the dates referred to in subsections (b)(2)(A) and (c)(1)”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 112–81, § 313(b)(1), substituted “subsection (b)” for “Annex V to the Convention on or before the dates referred to in subsections (b)(2)(A) and (c)(1)”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “Annex V to the Convention on or before the dates referred to in subsections (b)(2)(A) and (c)(1)” and inserting “subsection (b)”; and

28. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 313(b)(2) · 125 Stat. 1298

    Inserted · 33 U.S.C. § 1902(f)(2)

    Pub. L. 112–81, § 313(b)(2), inserted “and subsection (b)(3)(B)(i) of this section” after “Annex V to the Convention”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 112–81, § 313(b)(2), inserted “and subsection (b)(3)(B)(i) of this section” after “Annex V to the Convention”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by inserting “and subsection (b)(3)(B)(i) of this section” after “Annex V to the Convention”.

29. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

    Pub. L. 116–283 div. G title LVXXXV · 134 Stat. 3388

    1. Added · 33 U.S.C. § 1902(e)(j)

       Pub. L. 116–283 added subsec. (e)

    2. Redesignated · 33 U.S.C. § 1902(e)(j)

       Pub. L. 116–283 redesignated former subsecs. (e) to (i) as (f) to (j), respectively

    Source evidence

    Code amendment note
    Subsecs. (e) to (j). Pub. L. 116–283 added subsec. (e) and redesignated former subsecs. (e) to (i) as (f) to (j), respectively.

    Enacted provision · exact public law
    TITLE LVXXXV— TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS Sec. 8501.  Transfers. Sec. 8502.  Additional transfers. Sec. 8503.  License exemptions; repeal of obsolete provisions. Sec. 8504.  Maritime transportation system. Sec. 8505.  References to “persons” and “seamen”. Sec. 8506.  References to “himself” and “his”. Sec. 8507.  Miscellaneous technical corrections. Sec. 8508.  Technical corrections relating to codification of Ports and Waterways Safety Act. Sec. 8509.  Aids to navigation. Sec. 8510.  Transfers related to employees of Lighthouse Service. Sec. 8511.  Transfers related to surviving spouses of Lighthouse Service employees. Sec. 8512.  Repeals related to lighthouse statutes. Sec. 8513.  Common appropriation structure. SEC. 8501. TRANSFERS. (a) In General.— (1) Section 215 of the Coast Guard and Maritime Transportation Act of 2004 (Public Law 108–293; 14 U.S.C. 504 note) is redesignated as section 322 of title 14, United States Code, transferred to appear after section 321 of such title (as added by this division), and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code. (2) Section 406 of the Maritime Transportation Security Act of 2002 (Public Law 107–295; 14 U.S.C. 501 note) is redesignated as section 720 of title 14, United States Code, transferred to appear after section 719 of such title (as added by this division), and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code. (3) Section 1110 of title 14, United States Code, is redesignated as section 5110 of such title and transferred to appear after section 5109 of such title (as added by this division). (4) Section 401 of the Coast Guard Authorization Act of 2010 (Public Law 111–281) 14 USC 308 note. is amended by striking subsection (e). (5) Subchapter I of chapter 11 of title 14, United States Code, as amended by this division, is amended by inserting after section 1109 the following: “§ 1110. Elevation of disputes to the Chief Acquisition Officer   “If, after 90 days following the elevation to the Chief Acquisition Officer of any design or other dispute regarding level 1 or level 2 acquisition, the dispute remains unresolved, the Commandant shall provide to the appropriate congressional committees a detailed description of the issue and the rationale underlying the decision taken by the Chief Acquisition Officer to resolve the issue.” . (6) Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33 U.S.C. 471) is amended— (A) by transferring such section to appear after section 70005 of title 46, United States Code; (B) by striking “Sec. 7.” and inserting “§70006. Establishment by Secretary of the department in which the Coast Guard is operating of anchorage grounds and regulations generally”; and (C) by adjusting the margins with respect to subsections (a) and (b) for the presence of a section heading accordingly. (7) Section 217 of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 14 U.S.C. 504 note)— (A) is redesignated as section 5112 of title 14, United States Code, transferred to appear after section 5111 of such title (as added by this division), and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code; and (B) is amended— (i) by striking the heading and inserting the following: “§ 5112. Sexual assault and sexual harassment in the Coast Guard” ; and (ii) in subsection (b), by adding at the end the following: “(5) (A) The number of instances in which a covered individual was accused of misconduct or crimes considered collateral to the investigation of a sexual assault committed against the individual. “(B) The number of instances in which adverse action was taken against a covered individual who was accused of collateral misconduct or crimes as described in subparagraph (A). “(C) The percentage of investigations of sexual assaults that involved an accusation or adverse action against a covered individual as described in subparagraphs (A) and (B). “(D) In this paragraph, the term ‘covered individual’ means an individual who is identified as a victim of a sexual assault in the case files of a military criminal investigative organization.” . (b) Clerical Amendments.— (1) The analysis for chapter 3 of title 14, United States Code, as 14 USC prec. 301. amended by this division, is further amended by adding at the end the following: “322. Redistricting notification requirement.”. (2) The analysis for chapter 7 of title 14, United States Code, 14 USC prec. 701. as amended by this division, is further amended by adding at the end the following: “720. VHF communication services.”. (3) The analysis for chapter 11 of title 14, United States Code, is 14 USC prec. 1101. amended by striking the item relating to section 1110 and inserting the following: “1110. Elevation of disputes to the Chief Acquisition Officer.”. (4) The analysis for chapter 51 of title 14, United States Code, as 14 USC prec. 5101. amended by this division, is further amended by adding at the end the following: “5110. Mission need statement. “5111. Report on diversity at Coast Guard Academy. “5112. Sexual assault and sexual harassment in the Coast Guard.”. (5) The analysis for chapter 700 of title 46, United States Code, is 46 USC prec. 70001. further amended by inserting after the item relating to section 70005 the following: “70006. Establishment by the Secretary of the department in which the Coast Guard is operating of anchorage grounds and regulations generally.”. SEC. 8502. ADDITIONAL TRANSFERS. (a) Section 204 of the Marine Transportation Security Act.— (1) The Maritime Transportation Security Act of 2002 is amended by striking section 204 (33 U.S.C. 1902a). (2) Section 3 of the Act to Prevent Pollution from Ships (33 U.S.C. 1902)— (A) is amended by redesignating subsections (e) through (i) as subsections (f) through (j) respectively; and (B) by inserting after subsection (d) the following: “(e) Discharge of Agricultural Cargo Residue.— Notwithstanding any other provision of law, the discharge from a vessel of any agricultural cargo residue material in the form of hold washings shall be governed exclusively by the provisions of this Act that implement Annex V to the International Convention for the Prevention of Pollution from Ships.” . (b) LNG Tankers.— (1) The Coast Guard and Maritime Transportation Act of 2006 is 33 USC 1503 note, 1504 note. amended by striking section 304 (Public Law 109–241; 120 Stat. 527). (2) Section 5 of the Deepwater Port Act of 1974 (33 U.S.C. 1504) is amended by adding at the end the following: “(j) LNG Tankers.— “(1) Program.— The Secretary of Transportation shall develop and implement a program to promote the transportation of liquefied natural gas to and from the United States on United States flag vessels. “(2) Information to be provided.— When the Coast Guard is operating as a contributing agency in the Federal Energy Regulatory Commission’s shoreside licensing process for a liquefied natural gas or liquefied petroleum gas terminal located on shore or within State seaward boundaries, the Coast Guard shall provide to the Commission the information described in section 5(c)(2)(K) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c)(2)(K)) with respect to vessels reasonably anticipated to be servicing that port.” . SEC. 8503. LICENSE EXEMPTIONS; REPEAL OF OBSOLETE PROVISIONS. (a) Service Under Licenses Issued Without Examination.— (1) Repeal.— Section 8303 of title 46, United States Code, and the item relating to that section in the analysis for chapter 83 of that title, 46 USC prec. 8301. are repealed. (2) Conforming amendment.— Section 14305(a)(10) of title 46, United States Code, is amended by striking “sections 8303 and 8304” and inserting “section 8304”. (b) Standards for Tank Vessels of the United States.— Section 9102 of title 46, United States Code, is amended— (1) by striking “(a)” before the first sentence; and (2) by striking subsection (b). SEC. 8504. MARITIME TRANSPORTATION SYSTEM. (a) Maritime Transportation System.— Section 312(b)(4) of title 14, United States Code, is amended by striking “marine transportation system” and inserting “maritime transportation system”. (b) Clarification of Reference to Marine Transportation System Programs.— Section 50307(a) of title 46, United States Code, is amended by striking “marine transportation” and inserting “maritime transportation”. SEC. 8505. REFERENCES TO “PERSONS” AND “SEAMEN”. (a) Technical Correction of References to “Persons”.— Title 14, United States Code, is amended as follows: (1) In section 312(d), by striking “persons” and inserting “individuals”. (2) In section 313(d)(2)(B), by striking “person” and inserting “individual”. (3) In section 504— (A) in subsection (a)(19)(B), by striking “a person” and inserting “an individual”; and (B) in subsection (c)(4), by striking “seamen;” and inserting “mariners;”. (4) In section 521, by striking “persons” each place it appears and inserting “individuals”. (5) In section 522— (A) by striking “a person” and inserting “an individual”; and (B) by striking “person” the second and third place it appears and inserting “individual”. (6) In section 525(a)(1)(C)(ii), by striking “person” and inserting “individual”. (7) In section 526— (A) by striking “person” each place it appears and inserting “individual”; (B) by striking “persons” each place it appears and inserting “individuals”; and (C) in subsection (b), by striking “person’s” and inserting “individual’s”. (8) In section 709— (A) by striking “persons” and inserting “individuals”; and (B) by striking “person” and inserting “individual”. (9) In section 933(b), by striking “Every person” and inserting “An individual”. (10) In section 1102(d), by striking “persons” and inserting “individuals”. (11) In section 1902(b)(3)— (A) in subparagraph (A), by striking “person or persons” and inserting “individual or individuals”; and (B) in subparagraph (B), by striking “person” and inserting “individual”. (12) In section 1941(b), by striking “persons” and inserting “individuals”. (13) In section 2101(b), by striking “person” and inserting “individual”. (14) In section 2102(c), by striking “A person” and inserting “An individual”. (15) In section 2104(b)— (A) by striking “persons” and inserting “individuals”; and (B) by striking “A person” and inserting “An individual”. (16) In section 2118(d), by striking “person” and inserting “individual who is”. (17) In section 2147(d), by striking “a person” and inserting “an individual”. (18) In section 2150(f), by striking “person” and inserting “individual who is”. (19) In section 2161(b), by striking “person” and inserting “individual”. (20) In section 2317— (A) by striking “persons” and inserting “individuals”; (B) by striking “person” each place it appears and inserting “individual”; and (C) in subsection (c)(2), by striking “person’s” and inserting “individual’s”. (21) In section 2531— (A) by striking “person” each place it appears and inserting “individual”; and (B) by striking “persons” each place it appears and inserting “individuals”. (22) In section 2709, by striking “persons” and inserting “individuals”. (23) In section 2710— (A) by striking “persons” and inserting “individuals”; and (B) by striking “person” each place it appears and inserting “individual”. (24) In section 2711(b), by striking “person” and inserting “individual”. (25) In section 2732, by striking “a person” and inserting “an individual”. (26) In section 2733— (A) by striking “A person” and inserting “An individual”; and (B) by striking “that person” and inserting “that individual”. (27) In section 2734, by striking “person” each place it appears and inserting “individual”. (28) In section 2735, by striking “a person” and inserting “an individual”. (29) In section 2736, by striking “person” and inserting “individual”. (30) In section 2737, by striking “a person” and inserting “an individual”. (31) In section 2738, by striking “person” and inserting “individual”. (32) In section 2739, by striking “person” and inserting “individual”. (33) In section 2740— (A) by striking “person” and inserting “individual”; and (B) by striking “one” the second place it appears. (34) In section 2741— (A) in subsection (a), by striking “a person” and inserting “an individual”; (B) in subsection (b)(1), by striking “person’s” and inserting “individual’s”; and (C) in subsection (b)(2), by striking “person” and inserting “individual”. (35) In section 2743, by striking “person” each place it appears and inserting “individual”. (36) In section 2744— (A) in subsection (b), by striking “a person” and inserting “an individual”; and (B) in subsections (a) and (c), by striking “person” each place it appears and inserting “individual”. (37) In section 2745, by striking “person” and inserting “individual”. (38) (A) In section 2761— (i) in the section heading, by striking “Persons” and inserting “Individuals”; (ii) by striking “persons” and inserting “individuals”; and (iii) by striking “person” and inserting “individual”. (B) In the analysis for chapter 27, by striking the item relating to section 2761 and inserting the following: “2761. Individuals discharged as result of court-martial; allowances to.”. (39) (A) In the heading for section 2767, by striking “persons” and inserting “individuals”. (B) In the analysis for chapter 27, by striking the item relating to section 2767 and inserting the following: “2767. Reimbursement for medical-related travel expenses for certain individuals residing on islands in the continental United States.”. (40) In section 2769— (A) by striking “a person’s” and inserting “an individual’s”; and (B) in paragraph (1), by striking “person” and inserting “individual”. (41) In section 2772(a)(2), by striking “person” and inserting “individual”. (42) In section 2773— (A) in subsection (b), by striking “persons” each place it appears and inserting “individuals”; and (B) in subsection (d), by striking “a person” and inserting “an individual”. (43) In section 2775, by striking “person” each place it appears and inserting “individual”. (44) In section 2776, by striking “person” and inserting “individual”. (45) (A) In section 2777— (i) in the heading, by striking “persons” and inserting “individuals”; and (ii) by striking “persons” each place it appears and inserting “individuals”. (B) In the analysis for chapter 27, by striking the item relating to section 2777 and inserting the following: “2777. Clothing for destitute shipwrecked individuals.”. (46) In section 2779, by striking “persons” each place it appears and inserting “individuals”. (47) In section 2902(c), by striking “person” and inserting “individual”. (48) In section 2903(b), by striking “person” and inserting “individual”. (49) In section 2904(b)(1)(B), by striking “a person” and inserting “an individual”. (50) In section 3706— (A) by striking “a person” and inserting “an individual”; and (B) by striking “person’s” and inserting “individual’s”. (51) In section 3707— (A) in subsection (c)— (i) by striking “person” and inserting “individual”; and (ii) by striking “person’s” and inserting “individual’s”; and (B) in subsection (e), by striking “a person” and inserting “an individual”. (52) In section 3708, by striking “person” each place it appears and inserting “individual”. (53) In section 3738— (A) by striking “a person” each place it appears and inserting “an individual”; (B) by striking “person’s” and inserting “individual’s”; and (C) by striking “A person” and inserting “An individual”. (b) Correction of References to Persons and Seamen.— (1) Section 2303a(a) of title 46, United States Code, is amended by striking “persons” and inserting “individuals”. (2) Section 2306(a)(3) of title 46, United States Code, is amended to read as follows: “(3) An owner, charterer, managing operator, or agent of a vessel of the United States notifying the Coast Guard under paragraph (1) or (2) shall— “(A) provide the name and identification number of the vessel, the names of individuals on board, and other information that may be requested by the Coast Guard; and “(B) submit written confirmation to the Coast Guard within 24 hours after nonwritten notification to the Coast Guard under such paragraphs.” . (3) Section 7303 of title 46, United States Code, is amended by striking “seaman” each place it appears and inserting “individual”. (4) Section 7319 of title 46, United States Code, is amended by striking “seaman” each place it appears and inserting “individual”. (5) Section 7501(b) of title 46, United States Code, is amended by striking “seaman” and inserting “holder”. (6) Section 7508(b) of title 46, United States Code, is amended by striking “individual seamen or a specifically identified group of seamen” and inserting “an individual or a specifically identified group of individuals”. (7) Section 7510 of title 46, United States Code, is amended— (A) in subsection (c)(8)(B), by striking “merchant seamen” and inserting “merchant mariner”; and (B) in subsection (d), by striking “merchant seaman” and inserting “merchant mariner”. (8) Section 8103(k)(3)(C) of title 46, United States Code, is amended by striking “merchant mariners” each place it appears and inserting “merchant mariner’s”. (9) Section 8104 of title 46, United States Code, is amended— (A) in subsection (c), by striking “a licensed individual or seaman” and inserting “an individual”; (B) in subsection (d), by striking “A licensed individual or seaman” and inserting “An individual”; (C) in subsection (e), by striking “a seaman” each place it appears and inserting “an individual”; and (D) in subsection (j), by striking “seaman” and inserting “individual”. (10) Section 8302(d) of title 46, United States Code, is amended by striking “3 persons” and inserting “3 individuals”. (11) Section 11201 of title 46, United States Code, is amended by striking “a person” each place it appears and inserting “an individual”. (12) Section 11202 of title 46, United States Code, is amended— (A) by striking “a person” and inserting “an individual”; and (B) by striking “the person” each place it appears and inserting “the individual”. (13) Section 11203 of title 46, United States Code, is amended— (A) by striking “a person” each place it appears and inserting “an individual”; and (B) in subsection (a)(2), by striking “that person” and inserting “that individual”. (14) Section 15109(i)(2) of title 46, United States Code, is amended by striking “additional persons” and inserting “additional individuals”. SEC. 8506. REFERENCES TO “HIMSELF” AND “HIS”. (a) Section 1927 of title 14, United States Code, is amended by— (1) striking “of his initial” and inserting “of an initial”; and (2) striking “from his pay” and inserting “from the pay of such cadet”. (b) Section 2108(b) of title 14, United States Code, is amended by striking “himself” and inserting “such officer”. (c) Section 2732 of title 14, United States Code, as amended by this division, is further amended— (1) by striking “distinguishes himself conspicuously by” and inserting “displays conspicuous”; and (2) by striking “his” and inserting “such individual’s”. (d) Section 2736 of title 14, United States Code, as amended by this division, is further amended by striking “distinguishes himself by” and inserting “performs”. (e) Section 2738 of title 14, United States Code, as amended by this division, is further amended by striking “distinguishes himself by” and inserting “displays”. (f) Section 2739 of title 14, United States Code, as amended by this division, is further amended by striking “distinguishes himself by” and inserting “displays”. (g) Section 2742 of title 14, United States Code, is amended by striking “he distinguished himself” and inserting “of the acts resulting in the consideration of such award”. (h) Section 2743 of title 14, United States Code, as amended by this division, is further amended— (1) by striking “distinguishes himself”; and (2) by striking “he” and inserting “such individual”. SEC. 8507. MISCELLANEOUS TECHNICAL CORRECTIONS. (a) Miscellaneous Technical Corrections.— (1) Section 3305(d)(3)(B) of title 46, United States Code, is amended by striking “Coast Guard Authorization Act of 2017” and inserting “Frank LoBiondo Coast Guard Authorization Act of 2018”. (2) Section 4312 of title 46, United States Code, is amended by striking “Coast Guard Authorization Act of 2017” each place it appears and inserting “Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282)”. (3) The analysis for chapter 700 of title 46, United States Code, is 46 USC prec. 70001. amended— (A) by striking the item relating to the heading for the first subchapter and inserting the following: “subchapter i— vessel operations”; (B) by striking the item relating to the heading for the second subchapter and inserting the following: “subchapter ii— ports and waterways safety”; (C) by striking the item relating to the heading for the third subchapter and the item relating to section 70021 of such chapter and inserting the following: “subchapter iii— conditions for entry into ports in the united states “70021. Conditions for entry into ports in the United States.”; (D) by striking the item relating to the heading for the fourth subchapter and inserting the following: “subchapter iv— definitions regulations, enforcement, investigatory powers, applicability”; (E) by striking the item relating to the heading for the fifth subchapter and inserting the following: “subchapter v— regattas and marine parades”; and (F) by striking the item relating to the heading for the sixth subchapter and inserting the following: “subchapter vi— regulation of vessels in territorial waters of the united states”. (4) Section 70031 of title 46, United States Code, is amended by striking “A through C” and inserting “I through III”. (5) Section 70032 of title 46, United States Code, is amended by striking “A through C” and inserting “I through III”. (6) Section 70033 of title 46, United States Code, is amended by striking “A through C” and inserting “I through III”. (7) Section 70034 of title 46, United States Code, is amended by striking “A through C” each place it appears and inserting “I through III”. (8) Section 70035(a) of title 46, United States Code, is amended by striking “A through C” and inserting “I through III”. (9) Section 70036 of title 46, United States Code, is amended by— (A) striking “A through C” each place it appears and inserting “I through III”; and (B) striking “A, B, or C” each place it appears and inserting “I, II, or III”. (10) Section 70051 of title 46, United States Code, is amended— (A) by striking “immediate Federal response,” and all that follows through “subject to the approval” and inserting “immediate Federal response, the Secretary of the department in which the Coast Guard is operating may make, subject to the approval”; and (B) by striking “authority to issue such rules” and all that follows through “Any appropriation” and inserting “authority to issue such rules and regulations to the Secretary of the department in which the Coast Guard is operating. Any appropriation”. (11) Section 70052(e) of title 46, United States Code, is amended by striking “Secretary” and inserting “Secretary of the department in which the Coast Guard is operating” each place it appears. (b) Alteration of Bridges; Technical Changes.— The Act of June 21, 1940 (33 U.S.C. 511 et seq.), popularly known as the Truman-Hobbs Act, is amended by striking section 12 (33 U.S.C. 522). (c) Report of Determination; Technical Correction.— Section 105(f)(2) of the Pribilof Islands Transition Act (16 U.S.C. 1161 note; Public Law 106–562) is amended by striking “subsection (a),” and inserting “paragraph (1),”. (d) Technical Corrections to Frank LoBiondo Coast Guard Authorization Act of 2018.— (1) Section 408 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) and the item relating to such section in section 2 of such Act are 33 USC 1226; 46 USC prec. 70101, 70102a, 70103. repealed, and the provisions of law redesignated, transferred, or otherwise amended by section 408 are amended to read as if such section were not enacted. (2) Section 514(b) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by striking “Chapter 30” and inserting “Chapter 3”. (3) Section 810(d) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by striking “within 30 days after receiving the notice under subsection (a)(1), the Secretary shall, by not later than 60 days after transmitting such notice,” and inserting “in accordance within subsection (a)(2), the Secretary shall”. (4) Section 820(a) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by striking “years 2018 and” and inserting “year”. (5) Section 820(b)(2) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by inserting “and the Consolidated Appropriations Act, 2018 (Public Law 115–141)” after “(Public Law 115–31)”. (6) Section 821(a)(2) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by striking “Coast Guard Authorization Act of 2017” and inserting “Frank LoBiondo Coast Guard Authorization Act of 2018”. (7) This section shall take effect on the date of the enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) and apply as if included therein. (e) Technical Correction.— Section 533(d)(2)(A) of the Coast Guard Authorization Act of 2016 (Public Law 114–120) is amended by striking “Tract 6” and inserting “such Tract”. (f) Distant Water Tuna Fleet; Technical Corrections.— Section 421 of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241) 46 USC 8103 note. is amended— (1) in subsection (a)— (A) by striking “Notwithstanding” and inserting the following: “(1) In general.— Notwithstanding” ; and (B) by adding at the end the following: “(2) Definition.— In this subsection, the term ‘treaty area’ has the meaning given the term in the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America as in effect on the date of the enactment of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241).” ; and (2) in subsection (c)— (A) by striking “12.6 or 12.7” and inserting “13.6”; and (B) by striking “and Maritime Transportation Act of 2012” and inserting “Authorization Act of 2020”. SEC. 8508. TECHNICAL CORRECTIONS RELATING TO CODIFICATION OF PORTS AND WATERWAYS SAFETY ACT.    Effective date. Effective upon the enactment of section 401 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282), and notwithstanding section 402(e) of such Act— (1) section 16 of the Ports and Waterways Safety Act, as added by section 315 of the Countering America’s Adversaries Through Sanctions Act 33 USC 1232c. (Public Law 115–44; 131 Stat. 947)— (A) is redesignated as section 70022 of title 46, United States Code, transferred to appear after section 70021 of that title, and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 46, United States Code; and (B) as so redesignated and transferred, is amended— (i) in subsections (b) and (e), by striking “section 4(a)(5)” each place it appears and inserting “section 70001(a)(5)”; (ii) in subsection (c)(2), by striking “not later than” and all that follows through “thereafter,” and inserting “periodically”; and (iii) by striking subsection (h); and (2) chapter 700 of title 46, United States Code, is amended— (A) in section 70002(2), by inserting “or 70022” after “section 70021”; (B) in section 70036(e), by inserting “or 70022” after “section 70021”; and (C) in the analysis for such chapter— (i) by inserting “Sec.” above the section items, in accordance with the style and form of such an entry in other chapter analyses of such title; and (ii) by adding at the end the following: “70022. Prohibition on entry and operation.”. SEC. 8509. AIDS TO NAVIGATION. (a) Section 541 of title 14, United States Code, is amended— (1) by striking “In” and inserting “(a) In”; and (2) by adding at the end the following: “(b) In the case of pierhead beacons, the Commandant may— “(1) acquire, by donation or purchase in behalf of the United States, the right to use and occupy sites for pierhead beacons; and “(2) properly mark all pierheads belonging to the United States situated on the northern and northwestern lakes, whenever the Commandant is duly notified by the department charged with the construction or repair of pierheads that the construction or repair of any such pierheads has been completed.” . (b) Subchapter III of chapter 5 of title 14, United States Code, is amended by adding at the end the following: “§ 548. Prohibition against officers and employees being interested in contracts for materials   “No officer, enlisted member, or civilian member of the Coast Guard in any manner connected with the construction, operation, or maintenance of lighthouses, shall be interested, either directly or indirectly, in any contract for labor, materials, or supplies for the construction, operation, or maintenance of lighthouses, or in any patent, plan, or mode of construction or illumination, or in any article of supply for the construction, operation, or maintenance of lighthouses. “§ 549. Lighthouse and other sites; necessity and sufficiency of cession by State of jurisdiction “(a) No lighthouse, beacon, public pier, or landmark, shall be built or erected on any site until cession of jurisdiction over the same has been made to the United States. “(b) For the purposes of subsection (a), a cession by a State of jurisdiction over a place selected as the site of a lighthouse, or other structure or work referred to in subsection (a), shall be deemed sufficient if the cession contains a reservation that process issued under authority of such State may continue to be served within such place. “(c) If no reservation of service described in subsection (b) is contained in a cession, all process may be served and executed within the place ceded, in the same manner as if no cession had been made. “§ 550. Marking pierheads in certain lakes   “The Commandant of the Coast Guard shall properly mark all pierheads belonging to the United States situated on the northern and northwestern lakes, whenever he is duly notified by the department charged with the construction or repair of pierheads that the construction or repair of any such pierhead has been completed.” . (c) Clerical Amendment.— The analysis for chapter 5 of title 14, United States Code, is 14 USC prec. 501. amended by inserting after the item relating to section 547 the following: “548. Prohibition against officers and employees being interested in contracts for materials. “549. Lighthouse and other sites; necessity and sufficiency of cession by State of jurisdiction. “550. Marking pierheads in certain lakes.”. SEC. 8510. TRANSFERS RELATED TO EMPLOYEES OF LIGHTHOUSE SERVICE. (a) Section 6 of chapter 103 of the Act of June 20, 1918 (33 U.S.C. 763) is repealed. (b) Chapter 25 of title 14, United States Code, is amended by inserting after section 2531 the following: “§ 2532. Retirement of employees “(a) Optional Retirement.— Except as provided in subsections (d) and (e), a covered employee may retire from further performance of duty if such officer or employee— “(1) has completed 30 years of active service in the Government and is at least 55 years of age; “(2) has completed 25 years of active service in the Government and is at least 62 years of age; or “(3) is involuntarily separated from further performance of duty, except by removal for cause on charges of misconduct or delinquency, after completing 25 years of active service in the Government, or after completing 20 years of such service and if such employee is at least 50 years of age. “(b) Compulsory Retirement.— A covered employee who becomes 70 years of age shall be compulsorily retired from further performance of duty. “(c) Retirement for Disability.— “(1) In general.— A covered employee who has completed 15 years of active service in the Government and is found, after examination by a medical officer of the United States, to be disabled for useful and efficient service by reason of disease or injury not due to vicious habits, intemperance, or willful misconduct of such officer or employee, shall be retired. “(2) Restoration to active duty.— Any individual retired under paragraph (1) may, upon recovery, be restored to active duty, and shall from time to time, before reaching the age at which such individual may retire under subsection (a), be reexamined by a medical officer of the United States upon the request of the Secretary of the department in which the Coast Guard is operating. “(d) Annual Compensation.— “(1) In general.— Except as provided in paragraph (2), The annual compensation of a person retired under this section shall be a sum equal to one-fortieth of the average annual pay received for the last 3 years of service for each year of active service in the Lighthouse Service, or in a department or branch of the Government having a retirement system, not to exceed thirty-fortieths of such average annual pay received. “(2) Retirement before 55.— The retirement pay computed under paragraph (1) for any officer or employee retiring under this section shall be reduced by one-sixth of 1 percent for each full month the officer or employee is under 55 years of age at the date of retirement. “(3) No allowance or subsistence.— Retirement pay under this section shall not include any amount on account of subsistence or other allowance. “(e) Exception.— The retirement and pay provision in this section shall not apply to— “(1) any person in the field service of the Lighthouse Service whose duties do not require substantially all their time; or “(2) persons of the Coast Guard. “(f) Waiver.— Any person entitled to retirement pay under this section may decline to accept all or any part of such retirement pay by a waiver signed and filed with the Secretary of the Treasury. Such waiver may be revoked in writing at any time, but no payment of the retirement pay waived shall be made covering the period during which such waiver was in effect. “(g) Definition.— For the purposes of this section, the term ‘covered employee’ means an officer or employee engaged in the field service or on vessels of the Lighthouse Service, except a person continuously employed in district offices or shop.” . (c) Clerical Amendment.— The analysis for chapter 25 of title 14, United States Code, 14 USC prec. 2501. is amended by inserting after the item relating to section 2531 the following: “2532. Retirement of employees.”. SEC. 8511. TRANSFERS RELATED TO SURVIVING SPOUSES OF LIGHTHOUSE SERVICE EMPLOYEES. (a) Benefit to Surviving Spouses.— Chapter 25 of title 14, United States Code, is further amended by inserting after section 2532 (as added by this division) the following: “§ 2533. Surviving spouses   “The Secretary of the department in which the Coast Guard is operating shall pay $100 per month to the surviving spouse of a current or former employee of the Lighthouse Service in accordance with section 2532 if such employee dies— “(1) at a time when such employee was receiving or was entitled to receive retirement pay under this subchapter; or “(2) from non-service-connected causes after fifteen or more years of employment in such service.” . (b) Transfers Related to Surviving Spouses of Lighthouse Service Employees.— (1) Chapter 25 of title 14, United States Code, is amended by inserting after section 2533 (as added by this division) the following: “§ 2534. Application for benefits” . (2) (A) Section 3 of chapter 761 of the Act of August 19, 1950 (33 U.S.C. 773), is redesignated as section 2534(a) of title 14, United States Code, transferred to appear after the heading of section 2534 of that title, and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code. (B) Section 2534(a), as so redesignated, transferred, and amended is further amended by striking “this Act” and inserting “section 2533”. (3) (A) Section 4 of chapter 761 of the Act of August 19, 1950 (33 U.S.C. 774), is redesignated as section 2534(b) of title 14, United States Code, transferred to appear after section 2534(a) of that title, and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code. (B) Section 2534(b), as so redesignated, transferred, and amended is further amended by striking “the provisions of this Act” and inserting “section 2533”. (4) (A) The proviso under the heading “Payment to Civil Service Retirement and Disability Fund” of title V of division C of Public Law 112–74 (33 U.S.C. 776) is redesignated as section 2534(c) of title 14, United States Code, transferred to appear after section 2534(b) of that title, and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code. (B) Section 2534(c), as so redesignated, transferred, and amended is further amended by striking “the Act of May 29, 1944, and the Act of August 19, 1950 (33 U.S.C. 771–775),” and inserting “section 2533”. (c) Clerical Amendment.— The analysis for chapter 25 of title 14, United States Code, is 14 USC prec. 2501. further amended by inserting after the item relating to section 2532 (as added by this division) the following: “2533. Surviving spouses. “2534. Application for benefits.”. SEC. 8512. REPEALS RELATED TO LIGHTHOUSE STATUTES. (a) In General.— The following provisions are repealed: (1) Section 4680 of the Revised Statutes of the United States (33 U.S.C. 725). (2) Section 4661 of the Revised Statutes of the United States (33 U.S.C. 727). (3) Section 4662 of the Revised Statutes of the United States (33 U.S.C. 728). (4) The final paragraph in the account “For Life-Saving and Life-Boat Stations” under the heading Treasury Department in the first section of chapter 130 of the Act of March 3, 1875 (33 U.S.C. 730a). (5) Section 11 of chapter 301 of the Act of June 17, 1910 (33 U.S.C. 743). (6) The first section of chapter 215 of the Act of May 13, 1938 (33 U.S.C. 745a). (7) The first section of chapter 313 of the Act of February 25, 1929 (33 U.S.C. 747b). (8) Section 2 of chapter 103 of the Act of June 20, 1918 (33 U.S.C. 748). (9) Section 4 of chapter 371 of the Act of May 22, 1926 (33 U.S.C. 754a). (10) Chapter 642 of the Act of August 10, 1939 (33 U.S.C. 763a–1). (11) Chapter 788 of the Act of October 29, 1949 (33 U.S.C. 763–1). (12) Chapter 524 of the Act of July 9, 1956 (33 U.S.C. 763–2). (13) The last 2 provisos under the heading Lighthouse Service, under the heading Department of Commerce, in the first section of chapter 161 of the Act of March 4, 1921 (41 Stat. 1417, formerly 33 U.S.C. 764). (14) Section 3 of chapter 215 of the Act of May 13, 1938 (33 U.S.C. 770). (15) The first section and section 2 of chapter 761 of the Act of August 19, 1950 (33 U.S.C. 771 and 772). (b) Savings.— (1) Notwithstanding any repeals made by this section, any individual beneficiary currently receiving payments under the authority of any provisions repealed in this section shall continue to receive such benefits. (2) Notwithstanding the repeals made under paragraphs (10) and (11) of subsection (a), any pay increases made under chapter 788 of the Act of October 29, 1949, and chapter 524 of the Act of July 9, 1956, as in effect prior to their repeal shall remain in effect. SEC. 8513. COMMON APPROPRIATION STRUCTURE. (a) Common Appropriations Structure.— (1) Prospective payment of funds necessary to provide medical care.— Section 506 of title 14, United States Code, is amended— (A) in subsection (a)(1), by inserting “as established under chapter 56 of title 10” after “Medicare-Eligible Retiree Health Care Fund”; and (B) in subsection (b)(1), by striking “operating expenses” and inserting “operations and support”. (2) Use of certain appropriated funds.— Section 903 of title 14, United States Code, is amended— (A) in subsection (a), by striking “acquisition, construction, and improvement of facilities, for research, development, test, and evaluation; and for the alteration of bridges over the navigable waters” and inserting “procurement, construction, and improvement of facilities and for research and development”; and (B) in subsection (d)(1), amended by section 241(b)(1), by striking “operating expenses” and inserting “operations and support”. (3) Confidential investigative expenses.— Section 944 of title 14, United States Code, is amended— (A) by striking “necessary expenses for the operation” and inserting “the operations and support”; and (B) by striking “his” each place it appears and inserting “the Commandant’s”. (4) Procurement of personnel.— Section 2701 of title 14, United States Code, is amended— (A) by striking “operating expense” and inserting “operations and support”; (B) by striking “but not limited to”; and (C) by striking “in order”. (5) Requirement for prior authorization of appropriations.— Section 4901 of title 14, United States Code, is amended— (A) in paragraph (1), by striking “maintenance” and inserting “support”; (B) in paragraph (2), by striking “acquisition” and inserting “procurement”; (C) by striking paragraphs (3), (4), and (6); (D) by redesignating paragraph (5) as paragraph (3); and (E) in paragraph (3), as redesignated by subparagraph (D), by striking “research, development, test, and evaluation” and inserting “research and development.”. (b) Title 46.— Sections 3317(b), 7504, 80301(c), and 80505(b)(3) of title 46, United States Code, are each amended by striking “operating expenses” and inserting “operations and support”. (c) Oil Spill Liability Trust Fund.— Section 1012(a)(5)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(A)) is amended by striking “operating expenses” and inserting “operations and support”.

31 of 33 references resolved to an enrolled provision · 2 partial