§ 70032. Delegation of ports and waterways authorities in Saint Lawrence Seaway

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. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 title IV § 401(a) · 132 Stat. 4192

   Enacted · 46 U.S.C. § 70032

   Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4261

   Source evidence

   Code source credit
   Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4261

   Enacted provision · exact public law section
   (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 “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. “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 I— 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 international 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 protecting navigation and the marine environment and that may include one or more of reporting and operating requirements, surveillance and communications systems, routing systems, and fairways; “(2) shall require appropriate vessels that operate in an area of a vessel traffic service to utilize or comply with that service; “(3) (A) may require vessels to install and use specified navigation equipment, communications equipment, electronic relative motion analyzer equipment, or any electronic or other device necessary to comply with a vessel traffic service or that is necessary 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 alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, or recreational 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 Secretary determines to be hazardous, or under conditions of reduced visibility, adverse weather, vessel congestion, 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 “(D) restricting operation, in any hazardous area or under hazardous conditions, to vessels that have particular operating characteristics or capabilities that the Secretary considers necessary for safe operation under the circumstances; “(5) may require the receipt of prearrival messages from any vessel, destined for a port or place subject to the jurisdiction of the United States, in sufficient time to permit advance vessel traffic planning before port entry, which shall include any information 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 environment; 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.— “(1) In general.— The Secretary may enter into cooperative agreements with public or private agencies, authorities, associations, institutions, corporations, 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 public interest as to mandate performance by an officer or employee of the Federal Government, including an activity that requires either the exercise 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 pilots.— Any pilot, acting in the course and scope of his or her duties while at a Coast Guard Vessel Traffic Service, who provides information, advice, or communication 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 assistance unless the acts or omissions of such pilot constitute gross negligence or willful misconduct. “(2) Non-federal vessel traffic service operators.— An entity operating a non-Federal vessel traffic information service or advisory service pursuant 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 anchor 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 section 70034 or any other applicable law or treaty; “(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 conditions, port congestion, other hazardous circumstances, or the condition of such vessel, the Secretary is satisfied 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 subsection (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, outside the territorial sea, to such ports or places. Such a designation 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 designation, as implemented, would deprive any person of the effective exercise of a right granted by a lease or permit executed or issued under other applicable provisions of law; and “(B) such right has become 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 responsible for executing the lease or issuing the permit. “(c) Consideration of Other Uses.— Before making 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 considered 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 Commerce, the Secretary of the Army, and the Governors of affected States, as their responsibilities may require, take into account all other uses of the area under consideration, including, as appropriate, the 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 establishment 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 reasonable uses of the area involved. “(d) Study.— In carrying out the Secretary’s responsibilities under subsection (c), the Secretary shall— “(1) proceed expeditiously to complete any study undertaken; and “(2) after completion of such a study, promptly— “(A) issue a notice of proposed rulemaking for the designation contemplated; or “(B) publish in the Federal Register a notice that no designation is contemplated as a result of the study and the reason for such determination. “(e) Implementation of Designation.— In connection with a designation made under this section, the Secretary— “(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 narrow channels and traffic separation schemes, respectively, in waters where such regulations apply; “(2) to the extent that the Secretary finds reasonable 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, operating 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 territorial 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 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 organizations of any designation, or adjustment thereof; and “(B) take action to seek the cooperation of foreign States in making it mandatory for vessels 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 sections 70001, 70002, and 70003, the Secretary shall— “(1) take into account all relevant factors concerning 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 hazard involved; “(B) vessel traffic characteristics and trends, including traffic volume, the sizes and types of vessels involved, potential interference with the flow of commercial traffic, the presence of any unusual cargoes, and other similar factors; “(C) port and waterway configurations and variations in local conditions of geography, climate, 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 authorities or associations, environmental groups, and other persons who may be affected by the proposed actions. “§ 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 establish 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 agreements to establish vessel traffic services in appropriate 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— “(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 installation of equipment and devices as necessary for the use of the service; and “(2) waive, by order or regulation, the application of any United States law or regulation concerning the design, construction, operation, equipment, personnel qualifications, and manning standards 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 jurisdiction. “(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 following areas of the Atlantic Ocean: “(1) Cape Cod Bay, Massachusetts Bay, and Great South Channel (in the area generally bounded by a line starting from a point on Cape Ann, Massachusetts at 42 deg. 39′ N., 70 deg. 37′ W; then northeast 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 II— PORTS AND WATERWAYS SAFETY “§ 70011. Waterfront safety “(a) In General.— The Secretary may take such action 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 “(2) protect the navigable waters and the resources 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, storage, 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 requirements for a structure to assure adequate protection 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. “(c) State Law.— Nothing in this section, with respect to structures, prohibits a State or political subdivision thereof from prescribing higher safety equipment requirements 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 hazards 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 Hazardous Materials Safety Administration, other affected 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 potential hazard to navigation with respect to a pipeline, the Secretary shall promptly determine whether a hazard exists, and if so shall immediately notify Coast Guard headquarters, the Pipeline and Hazardous Materials Safety Administration, other affected 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 section, 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 release of objects into the navigable waters of the United States “(a) Requirement.— As soon as a person has knowledge of any release from a vessel or facility into the navigable 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. “SUBCHAPTER III— 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 incidents, 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 regulation issued under section 70034, chapter 37, or any other applicable law or treaty; “(3) discharges oil or hazardous material in violation of any law of the United States or in a manner 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, does not have standards for licensing and certification of seafarers that are comparable to or more stringent than United States standards or international standards 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 environment, and if such entry is necessary for the safety 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 marine environment, and is no longer in violation of any applicable law, treaty, regulation, or condition, as appropriate. “SUBCHAPTER IV— DEFINITIONS, REGULATIONS, ENFORCEMENT, INVESTIGATORY POWERS, APPLICABILITY “§ 70031. Definitions   “As used in subchapters A through C and this subchapter, 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 exclusive fishery management authority; “(C) the seabed and subsoil of the Outer Continental Shelf of the United States, the resources thereof, and the waters superjacent thereto; 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 operating, except that such term means the Secretary of Transportation with respect to the application of this chapter to the Saint Lawrence Seaway. “(3) The term ‘navigable waters of the United States’ includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988. “§ 70032. Saint Lawrence Seaway   “The authority granted to the Secretary under sections 70001, 70002, 70003, 70004, and 70011 may not be delegated with respect to the Saint Lawrence Seaway to any agency other than the Saint Lawrence Seaway Development Corporation. Any other authority granted the Secretary under subchapters A through C and this subchapter shall be delegated by the Secretary to the Saint Lawrence Seaway Development Corporation to the extent the Secretary determines such delegation is necessary for the proper operation of the Saint Lawrence Seaway. “§ 70033. Limitation on application to foreign vessels   “Except pursuant to international treaty, convention, or agreement, to which the United States is a party, subchapters A through C and this subchapter shall not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in— “(1) innocent passage through the territorial sea of the United States; or “(2) transit through the navigable waters of the United States that form a part of an international strait. “§ 70034. Regulations “(a) In General.— In accordance with section 553 of title 5, the Secretary shall issue, and may from time to time amend or repeal, regulations necessary to implement subchapters A through C and this subchapter. “(b) Consultation.— In the exercise of the regulatory authority under subchapters A through C and this subchapter, the Secretary shall consult with, and receive and consider the views of all interested persons, including— “(1) interested Federal departments and agencies; “(2) officials of State and local governments; “(3) representatives of the maritime community; “(4) representatives of port and harbor authorities or associations; “(5) representatives of environmental groups; “(6) any other interested persons who are knowledgeable or experienced in dealing with problems involving vessel safety, port and waterways safety, and protection of the marine environment; and “(7) advisory committees consisting of all interested segments of the public when the establishment of such committees is considered necessary because the issues involved are highly complex or controversial. “§ 70035. Investigatory powers “(a) Secretary.— The Secretary may investigate any incident, accident, or act involving the loss or destruction of, or damage to, any structure subject to subchapters A through C and this subchapter, or that affects or may affect the safety or environmental quality of the ports, harbors, or navigable waters of the United States. “(b) Powers.— In an investigation under this section, the Secretary may issue subpoenas to require the attendance of witnesses and the production of documents or other evidence relating to such incident, accident, or act. If any person refuses to obey a subpoena, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance with the subpoena. Any district court of the United States may, in the case of refusal to obey a subpoena, issue an order requiring compliance with the subpoena, and failure to obey the order may be punished by the court as contempt. Witnesses may be paid fees for travel and attendance at rates not exceeding those allowed in a district court of the United States. “§ 70036. Enforcement “(a) Civil Penalty.— “(1) In general.— Any person who is found by the Secretary, after notice and an opportunity for a hearing, to have violated subchapters A through C or this subchapter or a regulation issued under subchapters A through C or this subchapter shall be liable to the United States for a civil penalty, not to exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation. The amount of such civil penalty shall be assessed by the Secretary, or the Secretary’s designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. “(2) Compromise, modification, or remission.— The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that is subject to imposition or that has been imposed under this section. “(3) Failure to pay penalty.— If any person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General of the United States, for collection in any appropriate district court of the United States. “(b) Criminal Penalty.— “(1) Class d felony.— Any person who willfully and knowingly violates subchapters A through C or this subchapter or any regulation issued thereunder commits a class D felony. “(2) Class c felony.— Any person who, in the willful and knowing violation of subchapters A through C or this subchapter or of any regulation issued thereunder, uses a dangerous weapon, or engages in conduct that causes bodily injury or fear of imminent bodily injury to any officer authorized to enforce the provisions of such a subchapter or the regulations issued under such subchapter, commits a class C felony. “(c) In Rem Liability.— Any vessel that is used in violation of subchapters A, B, or C or this subchapter, or any regulations issued under such subchapter, shall be liable in rem for any civil penalty assessed pursuant to subsection (a) and may be proceeded against in the United States district court for any district in which such vessel may be found. “(d) Injunction.— The United States district courts shall have jurisdiction to restrain violations of subchapter A, B, or C or this subchapter or of regulations issued under such subchapter, for cause shown. “(e) Denial of Entry.— Except as provided in section 70021, the Secretary may, subject to recognized principles of international law, deny entry by any vessel that is not in compliance with subchapter A, B, or C or this subchapter or the regulations issued under such subchapter— “(1) into the navigable waters of the United States; or “(2) to any port or place under the jurisdiction of the United States. “(f) Withholding of Clearance.— “(1) In general.— If any owner, operator, or individual in charge of a vessel is liable for a penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty or fine under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of title 46. “(2) Granting clearance refused or revoked.— Clearance refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.” .

2. 2020

   Commerce, Justice, Science, and Related Agencies Appropriations Act, 2021

   Pub. L. 116–260 div. AA title V § 512(c)(6)(F) · 134 Stat. 1182

   Substituted · 46 U.S.C. § 70032

   Pub. L. 116–260 substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation” in two places

   Source evidence

   Code amendment note
   Pub. L. 116–260 substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation” in two places.

   Enacted provision · exact public law section
   Sec. 512. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.

3. 2021

   Elijah E. Cummings Coast Guard Authorization Act of 2020

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

   Substituted · 46 U.S.C. § 70032

   Pub. L. 116–283 substituted “I through III” for “A through C”

   Source evidence

   Code amendment note
   Pub. L. 116–283 substituted “I through III” for “A through C”.

   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”.

4. 2025

   Pub. L. 119–60 div. G title LXXIII § 7321(e) · 139 Stat. 1767

   Amended · 46 U.S.C. § 70032

   Pub. L. 119–60 amended section generally. Prior to amendment, text read as follows: “The authority granted to the Secretary under sections 70001, 70002, 70003, 70004, and 70011 may not be delegated with respect to the Saint Lawrence Seaway to any agency other than the Great Lakes St. Lawrence Seaway Development Corporation. Any other authority granted the Secretary under subchapters I through III and this subchapter shall be delegated by the Secretary to the Great Lakes St. Lawrence Seaway Development Corporation to the extent the Secretary determines such delegation is necessary for the proper operation of the Saint Lawrence Seaway.”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Pub. L. 119–60 amended section generally. Prior to amendment, text read as follows: “The authority granted to the Secretary under sections 70001, 70002, 70003, 70004, and 70011 may not be delegated with respect to the Saint Lawrence Seaway to any agency other than the Great Lakes St. Lawrence Seaway Development Corporation. Any other authority granted the Secretary under subchapters I through III and this subchapter shall be delegated by the Secretary to the Great Lakes St. Lawrence Seaway Development Corporation to the extent the Secretary determines such delegation is necessary for the proper operation of the Saint Lawrence Seaway.”

2 of 4 references resolved to an enrolled provision · 1 partial · 1 unresolved