The Coast Guard Authorization Act of 2010 (Public Law No. 111-281, October 15, 2010) (the "Authorization Act") was signed into law by President Obama on October 15, 2010. This legislation represents the first major piece of maritime legislation enacted by Congress in four years when both the Coast Guard and Maritime Transportation Act of 2006 and the Security and Accountability for Every Port Act of 2006 (commonly known as the SAFE Port Act) were enacted.
The Authorization Act includes measures to address Coast Guard Modernization and reform of the acquisition directorate of the Coast Guard, and ensure that maritime safety is put on an equal footing with other Coast Guard responsibilities. It also includes measures relating to oil pollution prevention, port security, implementation of the Convention on the Control of Harmful Anti-Fouling Systems on Ships (2001), and general maritime safety laws that have been under consideration since 2006. Specifically, the Authorization Act is divided into ten titles as follows:
Title II: Coast Guard
Title III: Shipping and Navigation
Title IV: Acquisition Reform
Title V: Coast Guard Modernization
Title VI: Marine Safety
Title VII: Oil Pollution Prevention
Title VIII: Port Security
Title IX: Miscellaneous Provisions
Title X: Clean Hulls
Following is a section-by-section analysis of the Authorization Act primarily focusing on the various provisions of the new law that affect commercial interests. Owners and operators of vessels and facilities and other maritime interests, in particular, should review this advisory to determine possible effects on their activities. Other sections are noted by descriptive title only or omitted completely if not deemed relevant to commercial interests.
TITLE I: Appropriations and Authorized Levels of Military Strength and Training
Section 101: Authorization of Appropriations
Authorizes funds for the U.S. Coast Guard as follows:
- $6,970,681,000 for the operation of the Coast Guard, of which $24.5M is derived from the Oil Spill Liability Trust Fund ("OSLTF") to carry out the implementation, administration, and enforcement of OPA 90.
- 1.64B for the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore facilities,
vessels, and aircraft, including related equipment, of which:
- $20M is derived from the OSLTF to carry out the implementation, administration, and enforcement of OPA 90.
- $1,233,502,000 is for the Integrated Deepwater System Program.
- $100M is for shore facilities and aids to navigation.
- $28.034M for research, development, test, and evaluation.
- $1,400,700,000 for retired pay.
- $16M for alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation.
- $13.329M for environmental compliance and restoration at Coast Guard facilities.
- $135.675M for the Coast Guard Reserve program.
Section 102: Authorized Levels of Military Strength and Training
- Active Duty Strength: The Coast Guard is authorized an end-of-year strength for active duty personnel of 47,000 for the fiscal year ending on September 30, 2011.
- Military Training Student Loads: For fiscal
year 2011, the Coast Guard is authorized average military training
student loads as follows:
- For recruiting and special training: 2,500 student years.
- For flight training: 165 student years.
- For professional training in military and civilian institutions: 350 student years.
- For officer acquisition: 1,200 student years.
TITLE II: Coast Guard
Section 206: Grants to International Maritime Organizations
Authorizes the Commandant of the Coast Guard to make grants or enter into cooperative agreements or contracts with international maritime organizations for acquiring information about merchant vessel inspections, security, safety and environmental protection, classification, and port state or flag state law enforcement or oversight.
Section 208: Enforcement Authority
Enhances current law enforcement authority by authorizing Coast Guard members to carry a firearm and, while at a facility: (1) make an arrest without a warrant, and (2) as otherwise provided by law, seize property.
Section 210: Merchant Mariner Medical Advisory Committee
Establishes a 14-member Committee to advise the Secretary of Transportation on medical matters pertaining to: (1) medical certification determinations for issuance of licenses, certificates of registry, and merchant mariners' documents; (2) medical standards and guidelines for the physical qualifications of operators of commercial vessels; (3) medical examiner education; and (4) medical research.
Section 213: Coast Guard Vessels and Aircraft
Authorizes firing by Coast Guard personnel from any vessel or aircraft in government non-commercial service if the vessel or aircraft is under Coast Guard tactical control, and if at least one Coast Guard member is assigned and conducting a Coast Guard mission on the vessel or aircraft. Extends the current statutory indemnification for Coast Guard personnel engaged in this activity from any penalties or actions for damages for firing at or into a vessel or aircraft that fails to stop on being ordered to do so.
Section 216: Enforcement of Coastwise Trade Laws
Authorizes the Coast Guard to enforce the coastwise trade laws
and requires a program to be established for officers and members
to enforce these laws. It also directs the Secretary of
Transportation to report to Congress in one year on enforcement
strategies and actions taken to enforce the coastwise trade
Section 219: Supplemental Positioning System
Requires the completion of the study and report to Congress of whether a single, domestic system is needed as a back-up navigation system to the Global Positioning System.
Section 220: Assistance to Foreign Governments and Maritime Authorities
Authorizes the Coast Guard to use funds in specified areas to assist foreign governments or maritime authorities, subject to approval by the Secretary of State.
TITLE III: Shipping and Navigation
Section 301: Seaward Extension of Anchorage Grounds Jurisdiction
Increases the civil penalty for an owner of a vessel that violates regulations establishing anchorage grounds for safe navigation in U.S. waters and extends the Coast Guard's authority to establish anchorage grounds from three to 12 nautical miles.
Section 302: Maritime Drug Law Enforcement Act Penalty
Establishes a new civil penalty for the simple possession of a controlled substance.
Section 303: Technical Amendments to Tonnage Measurement Law
Makes various technical amendments to the tonnage measurement laws.
Section 304: Merchant Mariner Document ("MMD") Standards
Requires a plan to be submitted to Congress within 270 days of enactment for how an MMD application can be completed by mail and an assessment of the feasibility for integrating redesign of an MMD to include biometrics, and whether a single document can be designed for all purposes.
Section 305: Ship Emission Reduction Technology Demonstration Project
Requires the Coast Guard and EPA to conduct a study and submit a report to Congress on new technologies for reduction of air emission for vessels in U.S. waters within 180 days of enactment.
Section 306: Phase-out of Vessels Supporting Oil and Gas Development
Authorizes the use of foreign-flag vessels for anchor handling operations involving a mobile offshore drilling unit related to OCS operations off Alaska under certain circumstances and for a limited period of time.
Section 307: Arctic Marine Shipping Assessment Implementation
Requires steps to ensure safe and secure maritime shipping in the Arctic, including the availability of aids to navigation, vessel escorts, spill response capability, maritime domain awareness, including long-range vessel tracking, and maritime search and rescue in the Arctic through the International Maritime Organization ("IMO") promoting coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations, domestic policy, and other agreements and contracts. In addition, it requires a non-governmental, independent third party (other than the National Academy of Sciences) that has extensive experience in the analysis of military procurements to conduct a comparative cost-benefit analysis and report to Congress on polar icebreaking needs.
TITLE IV: Acquisition Reform
Section 401: Chief Acquisition Officer
Directs the Commandant to appoint a Chief Acquisition Officer by October 1, 2011.
Section 402: Acquisitions
Adopted the following acquisition reforms:
- Establishment of an Acquisition Directorate.
- Development of a comprehensive strategy for enhancing the role of Coast Guard managers in carrying out acquisition programs.
- Prohibition on use of lead systems integrators, except to complete the Rescue 21 Program, the C4ISR projects, and National Security Cutters 2 and 3.
- Requirement for an independent third party-to review all awards of 10 or more years or that equal or exceed $10M.
- Consultation with the Secretary of Defense for support in management of CG acquisition programs.
- Requirement to completion of detailed strategies, mission justifications and life-cycle costs prior to undertaking so-called Level 1 or 2 acquisitions (i.e., those above $100 million).
Section 403: National Security Cutter Hulls
Requires a report to Congress before awarding any contract to strengthen the hull of National Security Cutter 1 or 2.
TITLE V: Coast Guard Modernization
Section 501: Short Title
This Title may be cited as the "Coast Guard Modernization Act of 2010."
Authorizes the President to designate up to four positions of vice admiral and makes other revisions related to continuity of grade.
Section 521: Prevention and Response Staff
Directs the Commandant to ensure appropriate career paths for Coast Guard personnel who wish to pursue career paths in prevention or response; establish training standards for such positions; establish one or more centers of expertise for Coast Guard prevention and response missions; publish annual reports on the adequacy of the current marine safety workforce to meet the anticipated workload; and establish a management information system for the prevention and response workforces; and requires a Chief of Prevention position be established in each Coast Guard Sector.
Section 522: Marine Safety Mission Priorities and Long-Term Goals
Directs the Secretary to develop a long-term strategy for improving vessel safety and the safety of individuals on vessels.
Section 523: Powers and Duties
Creates a "principal advisor" to the Commandant for marine safety programs who must meet certain qualifications.
Section 524: Appeals and Waivers
Requires, except for the Commandant, that any individual adjudicating an appeal or waiver of a marine safety decision have either certain training, experience and qualifications, or a senior staff member who meets those requirements and actively advises the individual adjudicating the appeal and concurs in the decision on appeal.
Section 525: Coast Guard Academy
Establishes a marine safety curriculum at the Coast Guard Academy.
TITLE VI: Marine Safety
Section 601: Short Title
This Title may be cited as the "Marine Safety Act of 2010."
Section 602: Vessel Size Limit
Amends the American Fisheries Act to authorize the owners of certain fishing vessels, primarily in the North Pacific, to rebuild or replace their vessels under certain circumstances to improve vessel safety and operational efficiencies (including fuel efficiency). Also authorizes the North Pacific Fishery Management Council to recommend certain conservation and management measures to ensure that the effectiveness of fishery management plans for the Bering Sea and Aleutian Islands Management Area or the Gulf of Alaska is not diminished.
Section 603: Cold Weather Survival Training
Directs the Commandant to report on the efficacy of the Coast Guard's cold weather survival training over the last five years.
Section 604: Fishing Vessel Safety
Requires that commercial fishing vessels operating seaward of three miles from the territorial sea baseline meet certain safety requirements; certain training requirements must be met; and certain maintenance, drills, and inspection requirements must be performed. Establishes alternative compliance requirements and extends the Commercial Fishing Safety Advisory Committee.
Section 605: Mariner Records
Authorizes the Secretary to issue regulations requiring the maintenance of records for each individual engaged on a vessel subject to inspection on matters of engagement, discharge, and service, and to make these records available to the individual and the Coast Guard on request; also imposes a civil penalty for violations.
Section 606: Deletion of Exemption of License Requirements for Operations of Certain Towing Vessels
Ends the exemption under current law requiring a licensed individual for a towing vessel under 200 gross tons when engaged in certain outer continental shelf activities.
Section 607: Log Books
Requires new entries in the official logbook detailing the time when each mariner assumes or relieves a watch, the number of hours of service on the vessel, and any accident, illness, or injury occurring on the vessel.
Section 608: Safe Operations and Equipment Standards
Enhances the Coast Guard's authority to terminate a voyage for unsafe operations by authorizing a boarding officer to remove a vessel's certificate of inspection, order the vessel to a mooring, and direct an individual in charge of a vessel operated in an unsafe condition to take steps necessary for the safety of individuals on board. Also requires the Secretary to establish vessel equipment standards that are based on performance using the best available technology economically achievable and operationally practical, and authorizes the Secretary to certify lifesaving equipment that is not required to be carried on vessels to ensure that such equipment is suitable for its intended purpose.
Section 609: Approval of Survival Craft
Prohibits approval of a survival craft as a safety device unless the craft ensures that no part of an individual is immersed in water, and phases out existing survival craft that do.
Section 610: Safety Management
Requires safety management systems for passenger vessels and small passenger vessels under certain circumstances.
Section 611: Protection Against Discrimination
Protects whistleblowers who testify about unsafe working conditions.
Section 612: Oil Fuel Tank Protection
Implements MARPOL oil fuel tank protection requirements, which apply to vessels having a capacity of 600 cubic meters or more with a construction date after enactment or delivered after January 1, 2011.
Section 613: Oaths
Removes the requirement that the oath for a license or certificate of registry be taken before a designated official.
Sections 614–615: Duration of Licenses, Certificates of Registry, and Merchant Mariners' Documents
Reauthorizes issuance and renewal of certain licenses, certificates, and documents for a five-year period and permits renewals up to eight months in advance, as well as extensions for up to one year.
Section 616: Merchant Mariner Assistance Report
Directs the Commandant to report within 180 days of enactment regarding the feasibility of improving the process of mariner licensing, merchant mariner documents, and certificates of registry.
Section 617: Offshore Supply Vessels
Removes the 6,000 gross ton cap for offshore supply vessels and revises offshore supply vessel provisions regarding scale of employment for able seamen, minimum number of licensed individuals, watches, and oil fuel tank protection.
Section 618: Associated Equipment
Amends the definition of "associated equipment" to include certain radio equipment associated with emergency locator beacons for recreational vessels operating three miles seaward from the U.S. baseline or coastline.
Section 619: Lifesaving Devices on Uninspected Vessels
Directs the Secretary to promulgate regulations to require the installation, maintenance, and use of life preservers and other lifesaving devices for individuals on board uninspected vessels.
Section 620: Study of Blended Fuels in Marine Applications
Directs the Secretary to survey, study, and report on, the use, safety, and performance of blended fuels in marine applications.
Section 621: Renewal of Advisory Committees
Renews for another ten years the Great Lakes Pilotage Advisory Committee, the National Boating Safety Advisory Council, the Houston-Galveston Navigation Safety Advisory Committee, the Lower Mississippi River Waterway Safety Advisory Committee, and the Towing Safety Advisory Committee; and establishes a Navigation Safety Advisory Council. Terminates the Delaware River and Bay Oil Spill Advisory Committee as of December 31, 2010.
Section 622: Delegation of Authority
Authorizes the Secretary to delegate to the American Bureau of Shipping or another classification society recognized by the Secretary to review and approve plans required or issuing a certificate of inspection, a certificate of compliance, or any other certification and related document issued by the Coast Guard pursuant to regulations issued under the Outer Continental Shelf Lands Act.
TITLE VII: OIL POLLUTION PREVENTION
Section 701: Rulemakings
Requires the Coast Guard to report to Congress on the status of all Coast Guard rulemakings required or being developed for which no final rule has been issued. The Coast Guard is required to issue final rules relating to these required or developing regulations by mid-April 2012. Also requires issuance of a notice of proposed rulemaking regarding inspection requirements for towing vessels before mid-January 2011, with a final rule to be published before October 15, 2011.
Section 702: Oil Transfers from Vessels
Requires the Coast Guard to issue regulations by October 15, 2011, to reduce the risks of oil transfers to or from tank vessels. The regulations will focus on operations with the highest risks of discharge, including operations at night and in inclement weather, and shall consider requirements for the use of equipment and operational procedures, as well as personnel safety and the effectiveness of the procedures and equipment for preventing or mitigating transfer spills.
Section 703: Improvements to Reduce Human Error and Near Miss Incidents
Requires the Coast Guard to report to Congress by October 15, 2011, the types of human errors in the past ten years that could lead to oil spills (with particular attention to human error caused by fatigue), the most frequent types of near-miss oil spill incidents, the extent to which there are gaps in the data required in the foregoing, and recommendations to address the identified types of errors and any gaps in the data. Also includes a requirement for the identity of any person making a voluntary disclosure under this section to be treated as confidential subject to certain exemptions.
Section 704: Olympic Coast National Marine Sanctuary
Enlarges the "area to be avoided" off the coast of the State of Washington so that restrictions apply to all vessels required to prepare vessel response plans.
Section 705: Prevention of Small Oil Spills
Requires the establishment of an oil spill prevention and education program for small vessels, providing for assessment, outreach and training and voluntary compliance activities to prevent and improve the oil spill responses from vessels and facilities not otherwise required to prepare a vessel response plan. An amount of $10,000,000 has been authorized for each of fiscal years 2010-2014.
Section 706: Improved Coordination with Tribal Governments
Requires the Coast Guard to complete the development of a tribal consultation policy before mid-April 2011 to improve the Coast Guard's consultation and coordination with the tribal governments of federally recognized Indian tribes with respect to oil spill prevention, preparedness, response, and natural damage resource assessment. Authorizes an amount of $500,000 for each of fiscal years 2010-2014.
Section 707: Report on Availability of Technology to Detect the Loss of Oil
Requires the Coast Guard to submit a report to Congress by October 15, 2011 on the availability, feasibility, and potential cost of technology to detect the loss of oil carried as cargo or fuel on tank and non-tank vessels greater than 400 gross tons.
Section 708: Use of Oil Spill Liability Trust Fund
Amends OPA 90 to allow funding of up to $15M in each fiscal year of expenses and activities related to response and damage assessment activities of the National Oceanic and Atmospheric Administration. Also includes provisions for audits at least every three years of the OSLTF for disbursements in excess of $500,000. The Coast Guard is also required to report before October 15, 2011, and annually thereafter, a list of each disbursement of at least $250,000 from the OSLTF during the preceding fiscal year.
Section 709: International Reports on Enforcement
Requires the Coast Guard, in consultation with other federal agencies, to pursue stronger enforcement in the IMO of agreements related to all discharges from vessels, including joint enforcement operations, training, and stronger compliance mechanisms.
Section 710: Higher Volume Port Area Regulatory Definition Change
Requires the Coast Guard to initiate a rulemaking before mid-October 2011 to modify the definition of "higher volume port area" in 33 C.F.R. §155.1020 and to replace "Port Angeles, WA" with "Cape Flattery, WA", which will expand the reach of various federal oil spill response provisions in that area. Also requires the Coast Guard to complete before mid-October 2015 its review of any changes to vessel response plans to reflect this modified definition.
Section 711: Tug Escorts for Laden Oil Tankers
Encourages the Commandant to enter into negotiations with Canada by mid-October 2011 to update the comparability analysis that serves as the basis for the Comparative Vessel Traffic Service Agreement. Requires before mid-April 2012, the Commandant to submit to Congress recommendations based on the analysis. Also amends OPA 90 to extend the application of the requirement for two escort vessels currently applicable to single hull tankers to double hull tankers over 5000 gross tons transporting oil in bulk in Prince William Sound, Alaska. Also requires the preparation of a vessel risk traffic assessment for Cook Inlet, Alaska, by mid-October 2011.
Section 712: Extension of Financial Responsibility
Amends OPA 90 to extend the financial responsibility requirements to any tank vessel over 100 gross tons using any place subject to the jurisdiction of the United States.
Section 713: Liability for Use of Single-Hull Vessels
Amends OPA 90 to broaden the definition of "responsible party" to include cargo owners if the oil is being transported in a tank vessel with a single hull after December 31, 2010.
TITLE VIII: PORT SECURITY
Section 801: America's Waterway Watch Program
Codifies an existing program—the America's Waterway Watch Program—to promote voluntary reporting of activities that may indicate that a person may be preparing to engage or is engaging in a violation of law relating to a threat or act of terrorism against a vessel, facility, port, or waterway.
Section 802: Transportation Worker Identification Credential ("TWIC")
Requires a report to Congress by February 2011 on a pilot program to test TWIC access control technologies at port facilities and onboard vessels.
Section 803: Interagency Operational Centers for Port Security
Revises numerous characteristics of interagency operational centers for port security at high-priority ports.
Section 804: Deployable, Specialized Forces
Requires the Secretary to establish deployable specialized forces of varying capabilities as are needed to safeguard the public and protect vessels, harbors, ports, facilities, and cargo in waters subject to the jurisdiction of the United States from destruction, loss or injury from crime, or sabotage due to terrorist activity.
Section 805: Coast Guard Detection Canine Team Program Expansion
Expands the number of detection canine teams certified by the Coast Guard for maritime security purposes.
Section 806: Coast Guard Port Assistance Program
Allows the Secretary to find that a foreign port does not maintain effective antiterrorism measures without an inspection of the port. Specifies conditions and authorizes denials of entry into the United States for certain vessels under certain circumstances. Outlines programs and procedures whereby the Coast Guard may assist foreign ports in compliance with the International Ship and Port Facility Security Code.
Section 807: Maritime Biometric Identification
Requires the Secretary to conduct, in the maritime environment, a program for the mobile biometric identification of suspected individuals, including terrorists, to enhance border security.
Section 808: Pilot Program for Fingerprinting of Maritime Workers
Directs the Secretary within 180 days of enactment to establish procedures providing for an individual who is required to be fingerprinted for purposes of obtaining a TWIC, under specified conditions, to be fingerprinted at any of not less than 20 specified facilities. Requirement expires one year after establishment by the Secretary.
Section 809: Transportation Security Cards on Vessels
Clarifies that a TWIC must be issued to an individual issued a license, certificate of registry, or merchant mariners document, and to an individual engaged on a towing vessel assisting a tank vessel, if those individuals are allowed unescorted access to a secure area designated in a vessel security plan. Current law does not make reference to unescorted access.
Section 810: Maritime Security Advisory Committees
Modifies the composition of the National Maritime Security Advisory Committee and extends the termination date to September 30, 2020. Requires this Committee and Area Security Committees, by September 30, 2018, to submit to Congress a recommendation regarding whether these committees should be renewed and continued beyond specified termination dates.
Section 811: Seamen's Shoreside Access
Requires facility security plans to include provisions for mariners and others to "board and depart the vessel through the facility in a timely manner and at no cost to the individual."
Section 812: Waterside Security of Especially Hazardous Cargo
Requires the Coast Guard to conduct a study on measures to improve the security of maritime transportation of especially hazardous cargo, e.g., anhydrous ammonia, ammonium nitrate, chlorine, liquefied natural gas, liquefied petroleum gas, and other substances deemed to pose a significant risk.
Section 813: Review of Liquefied Natural Gas Facilities
Requires, after considering recommendations made by the states, the Coast Guard to advise the Federal Energy Regulatory Commission whether the waterway to a proposed waterside liquefied natural gas facility is suitable for the marine traffic associated with such a facility.
Section 814: Use of Secondary Authentication for Transportation Security Cards.
Authorizes the Secretary to use a secondary authentication system to verify the identification of individuals using TWIC cards when fingerprints are not able to be taken or read.
Section 815: Assessment of Transportation Security Card Enrollment Sites
Directs the Secretary within 180 days of enactment to prepare an assessment of the enrollment sites for TWIC cards, including the feasibility of keeping those enrollment sites open and customer service quality. Directs the Secretary to develop timelines and benchmarks for implementing the assessment's findings as deemed necessary.
Section 816: Assessment of the Feasibility of Efforts to Mitigate the Threat of Small Boat Attack in Major Ports
Requires a report to Congress on the efforts of the Coast Guard to mitigate threats associated with small boat attacks in major ports.
Section 817: Report and Recommendation for Uniform Security Background Checks.
Requires a report to Congress within one year of enactment by the Comptroller General on current security background check and identification programs to reduce or eliminate duplication.
Section 818: Transportation Security Cards: Access Pending Issuance; Deadlines for Processing; Receipt.
Creates a program where individuals waiting issuance of a TWIC that need to perform work in a secure or restricted area may do so when escorted by a TWIC holder, and establishes a timeline for processing TWIC applications and assessment whether a secure process could permit the receipt of a TWIC at home.
Section 819: Harmonizing Security Card Expirations
Allows extension of TWIC for up to one year to align with the expiration of a license, certificate of registry, or MMD.
Section 820: Regulations
Authorizes the Secretary to issue port security regulations.
Section 821: Port Security Training and Certification
Requires the Secretary to establish more comprehensive facility security training requirements.
Section 822: Integration of Security Plans and Systems with Local Port Authorities, State Harbor Divisions, and Law Enforcement Agencies.
Requires the owner or operator of a facility that may be involved in a transportation security incident to make its vulnerability assessment available to local authorities and to integrate to the maximum extent practicable any security system for the facility with compatible systems operated or maintained by local authorities and the Coast Guard.
Section 823: Transportation Security Cards
Requires the Secretary to develop a plan to permit the receipt and activation of TWIC cards at any specified vessel or facility that desires to implement that capability.
Section 824: Pre-Positioning Interoperable Communications Equipment at Interagency Operations Centers
Directs the Secretary to ensure that interoperable communications technology is deployed at specified interagency operational centers and that this technology and equipment has been tested.
Section 825: International Port and Facility Inspection Coordination
Requires the Secretary, to the extent practicable, to concurrently conduct or integrate Coast Guard assessments required by specified provisions related to the SAFE Port Act and interagency operational centers for port security.
Section 826: Area Transportation Security Incident Mitigation Plan
Amends Area Maritime Transportation Security Plan requirements to include area response and recovery protocols to prepare for, respond to, mitigate against, and recover from a transportation security incident.
Section 827: Risk-Based Resource Allocation
Within one year after enactment, requires the development and utilization of a national standard and formula for prioritizing and addressing assessed security risks at U.S. ports and facilities on or adjacent to the waterways of the United States. Within two years after enactment each Area Maritime Security Committee is required to evaluate and prioritize mitigation of each port's risks using this standard. Within 180 days of enactment the Coast Guard is required to make this available in an unclassified version to regulated vessels and facilities to conduct true risk assessments using this criteria.
Section 828: Port Security Zones
Requires the establishment of a program to train and credential law enforcement personnel to enforce or assist in enforcing a security zone.
TITLE IX: MISCELLANEOUS PROVISIONS
Section 901: Waivers
Authorizes the Secretary to issue a document with a coastwise endorsement to the Zipper and Gulf Diver IV. Amends and restricts the prior waiver for the Gallant Lady. Establishes a procedure for a non-coastwise qualified vessel to obtain a waiver from the coastwise laws for use in aquaculture operations.
Section 902: Crew Wages on Passenger Vessels
Caps the penalty for wage claims for seaman on a passenger vessel and provides for the deposit of a seaman wage in certain accounts.
Section 904: Manning Requirement
Extends the U.S. officer manning exemption for U.S. flag vessels engaged in the distant water tuna fleet until December 31, 2012, as long as the vessel undergoes an annual safety examination.
Section 906: Limitation of Jurisdiction of State to Tax Certain Seaman
Prohibits the withholding of state or local taxes, except by voluntary agreement, if the seaman performs regularly assigned duties on a vessel operating on navigable waters in two or more states (instead of more than one state as under current law).
Section 908: Mission Requirement Analysis for Navigable Portions of the Rio Grande River, Texas, International Water Boundary
Requires not later than 90 days after the date of the enactment of this Act, the preparation of a mission requirement analysis for the navigable portions of the Rio Grande River, Texas, international water boundary, including Coast Guard assets and what would be needed for increased search and rescue operations, migrant interdiction operations, and drug interdiction operations.
Section 911: Strategy Regarding Drug Trafficking Vessels
Within 180 days of enactment requires the Coast Guard to report to Congress on a comprehensive strategy to stem the flow of narcotics and other contraband through the use of submersible and semi-submersible vessels.
Section 912: Use of Force Against Piracy
Removes liability for monetary damages for injury or death caused by the use of force to defend a U.S.-flag vessel against acts of piracy if the force was used consistent with "Standard Rules for the Use of Force for Self-Defense of Vessels of the United States" to be promulgated within 180 days of enactment.
Section 915: Assessment of Certain Aids to Navigation and Traffic Flow
Requires that within 60 days after the date of enactment of this Act, the Coast Guard determine the vessels typically transiting or utilizing Atlantic Intracoastal Waterway beginning at a point that is due East of the outlet of the Cutler Drain Canal C-100 in Dade County, Florida, and ending at the Dade County line, and the need for additional aids to navigation.
Section 917: Maritime Law Enforcement
Increases penalties for certain maritime law violations involving an offense against an individual.
TITLE X: CLEAN HULLS
Sections 1011–1048: International Convention
Implements the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001, including the identification of covered vessels, delegation of enforcement authority to EPA, and establishment of penalties.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Specific Questions relating to this article should be addressed directly to the author.