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116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-487
======================================================================
TO RENAME THE SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION THE GREAT
LAKES ST. LAWRENCE SEAWAY DEVELOPMENT CORPORATION
_______
September 4, 2020.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 4470]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 4470) to rename the Saint Lawrence
Seaway Development Corporation the Great Lakes St. Lawrence
Seaway Development Corporation, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Legislative History and Consideration............................ 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 4
Duplication of Federal Programs.................................. 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Purpose of Legislation
The purpose of H.R. 4470 is to rename the Saint Lawrence
Seaway Development Corporation the ``Great Lakes St. Lawrence
Seaway Development Corporation.''
Background and Need for Legislation
H.R. 4470 seeks to rename the Saint Lawrence Seaway
Development Corporation to the ``Great Lakes St. Lawrence
Seaway Development Corporation.'' This change is intended to
more accurately portray the geographical scope of the agency
and the important role the agency plays in the global commerce
trade as a direct connection from the Great Lakes to the
Atlantic Ocean.
According to the Congressional Research Service (CRS), the
entire Great Lakes and St. Lawrence Seaway system runs for
2,300 nautical miles from the Gulf of St. Lawrence to Duluth,
Minnesota.\1\ This waterway system allows the waterborne
transport of commercial goods, commodities, and raw materials
between the Atlantic Ocean and commercial ports within the
Great Lakes system. It takes a ship six to seven days to sail
from Montreal, Canada, to Duluth, Minnesota, or to Chicago,
Illinois. There are two distinct categories of vessel traffic
on the system: intra-lakes trade, and transits between the
Great Lakes and the St. Lawrence Seaway.
---------------------------------------------------------------------------
\1\CRS, The Great Lakes-St. Lawrence Seaway Navigation System:
Options for Growth, (R44664).
---------------------------------------------------------------------------
The Saint Lawrence Seaway portion of the system (Seaway) is
a 328 nautical-mile deep-draft waterway between the Port of
Montreal, Canada, and Lake Erie. It connects the Great Lakes
with the Atlantic Ocean via the lower St. Lawrence River. The
Seaway includes a network of 15 locks and connecting channels
located in Canada and the United States. Thirteen of the locks
belong to Canada and the remaining two locks, located in
Massena, New York, belong to the United States.
The U.S. portion of the Seaway was authorized by the Act of
May 13, 1954, commonly referred to as the ``St. Lawrence Seaway
Act.''\2\ The St. Lawrence Seaway Development Corporation, a
wholly-owned government corporation within the U.S. Department
of Transportation (also created by the St. Lawrence Seaway
Act), operates the U.S. portion of the Seaway.
---------------------------------------------------------------------------
\2\Pub. L. 89-670 (33 U.S.C. 981, et seq.).
---------------------------------------------------------------------------
The mission of the St. Lawrence Seaway Development
Corporation is to serve the U.S. intermodal and international
transportation system by improving the operation and
maintenance of a safe, reliable, efficient, and environmentally
responsible deep-draft waterway, in cooperation with its
Canadian counterpart.\3\ The St. Lawrence Seaway Development
Corporation also encourages the development of trade through
the Great Lakes Seaway System, which contributes to the
comprehensive economic and environmental development of the
entire Great Lakes region.
---------------------------------------------------------------------------
\3\See Saint Lawrence Seaway Development Corporation Fiscal Year
2019 Annual Report (https://greatlakes-seaway.com/wp-content/uploads/
2020/05/fy2019ar.pdf).
---------------------------------------------------------------------------
According to the St. Lawrence Seaway Development
Corporation, total cargo moved on the Great Lakes St. Lawrence
Seaway System in 2017 equaled 143.5 million metric tons valued
at $15.2 billion.\4\ This waterborne commerce supported nearly
238,000 jobs in the U.S. and Canada and generated $35 billion
in economic activity, $14.2 billion in total personal wage and
salary income and local consumption expenditures, $8 billion in
local purchases, and $6.6 billion in Federal, state/provincial,
and local tax revenue.\5\
---------------------------------------------------------------------------
\4\See id.
\5\See id.
---------------------------------------------------------------------------
The Soo Locks, which connect Lake Superior with the lower
four Great Lakes, supported 123,172 jobs in the U.S. and Canada
and $22.6 billion in economic activity.\6\
---------------------------------------------------------------------------
\6\See id.
---------------------------------------------------------------------------
Hearings
No hearings were held on H.R. 4470 in the 116th Congress.
Legislative History and Consideration
H.R. 4470 was introduced on September 24, 2019, by Rep.
Marcy Kaptur (D-OH), and referred to the Committee on
Transportation and Infrastructure. Within the Committee, H.R.
4470 was referred to the Subcommittee on Water Resources and
Environment.
On February 26, 2020, the Chair discharged the Subcommittee
on Water Resources and Environment from further consideration
of H.R. 4470.
On February 26, 2020, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 4470 and
ordered the measure to be reported favorably to the House,
without amendment, by voice vote, with a quorum present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
No recorded votes were requested during consideration of
H.R. 4470.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 4470 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 12, 2020.
Hon. Peter A. DeFazio,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4470, a bill to
rename the Saint Lawrence Seaway Development Corporation the
Great Lakes St. Lawrence Seaway Development Corporation.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Madeleine
Fox.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
H.R. 4470 would change the name of the Saint Lawrence
Seaway Development Corporation to the Great Lakes St. Lawrence
Seaway Development Corporation. Based on the cost of similar
efforts, CBO estimates that the cost to revise federal maps and
signs to reflect the new name would not be significant. Any
spending would be subject to the availability of appropriated
funds.
The CBO staff contact for this estimate is Madeleine Fox.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to rename
the Saint Lawrence Seaway Development Corporation the Great
Lakes St. Lawrence Seaway Development Corporation.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 4470 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 4470 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section 1. Great Lakes St. Lawrence Seaway Development Corporation
This section makes a number of technical and conforming
amendments by amending 33 U.S.C. 981 to replace ``Saint
Lawrence Seaway Development Corporation'' with ``Great Lakes
St. Lawrence Seaway Development Corporation'' and clarifies
that any reference to ``Saint Lawrence Seaway Development
Corporation'' shall be deemed to be a reference to ``Great
Lakes St. Lawrence Seaway Development Corporation.''
This section also strikes ``Saint Lawrence Seaway
Development Corporation'' and inserts ``Great Lakes St.
Lawrence Seaway Development Corporation'' in the following
statutes:
Section 5315 of Title 5;
Section 2282B of Title 18;
Section 9505(a)(2) of the Internal Revenue
Code of 1986 (26 U.S.C. 9505(a)(2));
Section 9101(3)(K) of Title 31;
33 U.S.C. 2211, the Water Resources
Development Act of 1986 and subsequent Water Resources
Development Act legislation:
Section 206 (33 U.S.C. 2234);
Section 210(a)(1) (33 U.S.C. 2238(a)(1));
Section 214(2)(B) (33 U.S.C. 2241(2)(B));
and
Section 1132(b) (U.S.C. 2309(b));
Section 2109 of Title 46;
Section 8103(g) of Title 46;
Section 8503(c) of Title 46;
Section 55112(a)(3) of Title 46;
Section 55331(3) of Title 46;
Section 70032 of Title 46; and
Section 6314(c)(2)(G) of Title 49.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
ACT OF MAY 13, 1954
AN ACT Providing for creation of the Saint Lawrence Seaway Development
Corporation to construct part of the Saint Lawrence Seaway in United
States territory in the interest of national security; authorizing the
Corporation to consummate certain arrangements with the Saint Lawrence
Seaway Authority of Canada relative to construction and operation of
the seaway; empowering the Corporation to finance the United States
share of the seaway cost on a self-liquidating basis; to establish
cooperation with Canada in the control and operation of the Saint
Lawrence Seaway; to authorize negotiations with Canada of an agreement
on tolls; and for other purposes.
Section 1. There is hereby created, subject to the direction
and supervision of the Secretary of Transportation, a body
corporate to be known as the [Saint Lawrence Seaway Development
Corporation] Great Lakes St. Lawrence Seaway Development
Corporation (hereinafter referred to as the ``Corporation'').
management of corporation
Sec. 2. (a) The management of the corporation shall be vested
in an Administrator who shall be appointed by the President.
Any Administrator appointed to fill a vacancy in that position
prior to the expiration of the term for which his predecessor
was appointed shall be appointed for the remainder of such
term.
(b) There is hereby established the Advisory Board of the
[Saint Lawrence Seaway Development Corporation] Great Lakes St.
Lawrence Seaway Development Corporation, which shall be
composed of five members appointed by the President, by and
with the advice and consent of the Senate, not more than three
of whom shall belong to the same political party. The Advisory
Board shall meet at the call of the Administrator, who shall
require it to meet not less often than once each ninety days;
shall review the general policies of the Corporation, including
its policies in connection with design and construction of
facilities and the establishment of rules of measurement for
vessels and cargo and rates of charges or tolls; and shall
advise the Administrator with respect thereto. Members of the
Advisory Board shall receive for their services as members
compensation of not to exceed $50 per diem when actually
engaged in the performance of their duties, together with their
necessary traveling expenses while going to and coming from
meetings.
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART D--PAY AND ALLOWANCES
* * * * * * *
CHAPTER 53--PAY RATES AND SYSTEMS
* * * * * * *
SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES
* * * * * * *
Sec. 5315. Positions at level IV
Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Deputy Administrator of General Services.
Associate Administrator of the National Aeronautics
and Space Administration.
Assistant Administrators, Agency for International
Development (6).
Regional Assistant Administrators, Agency for
International Development (4).
Assistant Secretaries of Agriculture (3).
Assistant Secretaries of Commerce (11).
Assistant Secretaries of Defense (14).
Assistant Secretaries of the Air Force (5).
Assistant Secretaries of the Army (5).
Assistant Secretaries of the Navy (4).
Assistant Secretaries of Health and Human Services
(6).
Assistant Secretaries of the Interior (6).
Assistant Attorneys General (11).
Assistant Secretaries of Labor (10), one of whom
shall be the Assistant Secretary of Labor for Veterans'
Employment and Training.
Administrator, Wage and Hour Division, Department of
Labor.
Assistant Secretaries of State (24) and 4 other State
Department officials to be appointed by the President,
by and with the advice and consent of the Senate.
Assistant Secretaries of the Treasury (10).
Members, United States International Trade Commission
(5).
Assistant Secretaries of Education (10).
General Counsel, Department of Education.
Director of Civil Defense, Department of the Army.
Deputy Director of the Office of Emergency Planning.
Deputy Director of the Office of Science and
Technology.
Deputy Director of the Peace Corps.
Assistant Directors of the Office of Management and
Budget (3).
General Counsel of the Department of Agriculture.
General Counsel of the Department of Commerce.
General Counsel of the Department of Defense.
General Counsel of the Department of Health and Human
Services.
Solicitor of the Department of the Interior.
Solicitor of the Department of Labor.
General Counsel of the National Labor Relations
Board.
General Counsel of the Department of the Treasury.
First Vice President of the Export-Import Bank of
Washington.
Members, Council of Economic Advisers.
Members, Board of Directors of the Export-Import Bank
of Washington.
Members, Federal Communications Commission.
Member, Board of Directors of the Federal Deposit
Insurance Corporation.
Directors, Federal Housing Finance Board.
Members, Federal Energy Regulatory Commission.
Members, Federal Trade Commission.
Members, Surface Transportation Board.
Members, National Labor Relations Board.
Members, Securities and Exchange Commission.
Members, Merit Systems Protection Board.
Members, Federal Maritime Commission.
Members, National Mediation Board.
Members, Railroad Retirement Board.
Director of Selective Service.
Associate Director of the Federal Bureau of
Investigation, Department of Justice.
Members, Equal Employment Opportunity Commission (4).
Director, Community Relations Service.
Members, National Transportation Safety Board.
General Counsel, Department of Transportation.
Deputy Administrator, Federal Aviation
Administration.
Assistant Secretaries of Transportation (5).
Deputy Federal Highway Administrator.
Administrator of the [Saint Lawrence Seaway
Development Corporation] Great Lakes St. Lawrence
Seaway Development Corporation.
Assistant Secretary for Science, Smithsonian
Institution.
Assistant Secretary for History and Art, Smithsonian
Institution.
Deputy Administrator of the Small Business
Administration.
Assistant Secretaries of Housing and Urban
Development (8).
General Counsel of the Department of Housing and
Urban Development.
Commissioner of Interama.
Federal Insurance Administrator, Federal Emergency
Management Agency.
Executive Vice President, Overseas Private Investment
Corporation.
Members, National Credit Union Administration Board
(2).
Members, Postal Regulatory Commission (4).
Members, Occupational Safety and Health Review
Commission.
Deputy Under Secretaries of the Treasury (or
Assistant Secretaries of the Treasury) (2).
Members, Consumer Product Safety Commission (4).
Members, Commodity Futures Trading Commission.
Director of Nuclear Reactor Regulation, Nuclear
Regulatory Commission.
Director of Nuclear Material Safety and Safeguards,
Nuclear Regulatory Commission.
Director of Nuclear Regulatory Research, Nuclear
Regulatory Commission.
Executive Director for Operations, Nuclear Regulatory
Commission.
President, Government National Mortgage Association,
Department of Housing and Urban Development.
Assistant Secretary of Commerce for Oceans and
Atmosphere, the incumbent of which also serves as
Deputy Administrator of the National Oceanic and
Atmospheric Administration.
Director, Bureau of Prisons, Department of Justice.
Assistant Secretaries of Energy (8).
General Counsel of the Department of Energy.
Administrator, Economic Regulatory Administration,
Department of Energy.
Administrator, Energy Information Administration,
Department of Energy.
Director, Office of Indian Energy Policy and
Programs, Department of Energy.
Director, Office of Science, Department of Energy.
Assistant Secretary of Labor for Mine Safety and
Health.
Members, Federal Mine Safety and Health Review
Commission.
President, National Consumer Cooperative Bank.
Special Counsel of the Merit Systems Protection
Board.
Chairman, Federal Labor Relations Authority.
Assistant Secretaries, Department of Homeland
Security.
Assistant Director for Cybersecurity, Cybersecurity
and Infrastructure Security Agency.
Assistant Director for Infrastructure Security,
Cybersecurity and Infrastructure Security Agency.
General Counsel, Department of Homeland Security.
Officer for Civil Rights and Civil Liberties,
Department of Homeland Security.
Chief Financial Officer, Department of Homeland
Security.
Chief Information Officer, Department of Homeland
Security.
Deputy Director, Institute for Scientific and
Technological Cooperation.
Director of the National Institute of Justice.
Director of the Bureau of Justice Statistics.
Chief Counsel for Advocacy, Small Business
Administration.
Assistant Administrator for Toxic Substances,
Environmental Protection Agency.
Assistant Administrator, Office of Solid Waste,
Environmental Protection Agency.
Assistant Administrators, Environmental Protection
Agency (8).
Director of Operational Test and Evaluation,
Department of Defense.
Director of Cost Assessment and Program Evaluation,
Department of Defense.
Special Representatives of the President for arms
control, nonproliferation, and disarmament matters,
Department of State.
Ambassadors at Large.
Assistant Secretary of Commerce and Director General
of the United States and Foreign Commercial Service.
Assistant Secretaries, Department of Veterans Affairs
(7).
General Counsel, Department of Veterans Affairs.
Commissioner of Food and Drugs, Department of Health
and Human Services
Chairman, Board of Veterans' Appeals.
Administrator, Office of Juvenile Justice and
Delinquency Prevention.
Director, United States Marshals Service.
Chairman, United States Parole Commission.
Director, Bureau of the Census, Department of
Commerce.
Director of the Institute of Museum and Library
Services.
Chief Financial Officer, Department of Agriculture.
Chief Financial Officer, Department of Commerce.
Chief Financial Officer, Department of Education.
Chief Financial Officer, Department of Energy.
Chief Financial Officer, Department of Health and
Human Services.
Chief Financial Officer, Department of Housing and
Urban Development.
Chief Financial Officer, Department of the Interior.
Chief Financial Officer, Department of Justice.
Chief Financial Officer, Department of Labor.
Chief Financial Officer, Department of State.
Chief Financial Officer, Department of
Transportation.
Chief Financial Officer, Department of the Treasury.
Chief Financial Officer, Department of Veterans
Affairs.
Chief Financial Officer, Environmental Protection
Agency.
Chief Financial Officer, National Aeronautics and
Space Administration.
Commissioner, Office of Navajo and Hopi Indian
Relocation.
Deputy Under Secretary of Defense for Research and
Engineering.
Deputy Under Secretary of Defense for Acquisition and
Sustainment.
Deputy Under Secretary of Defense for Policy.
Deputy Under Secretary of Defense for Personnel and
Readiness.
Deputy Under Secretary of Defense (Comptroller).
Deputy Under Secretary of Defense for Intelligence
and Security.
General Counsel of the Department of the Army.
General Counsel of the Department of the Navy.
General Counsel of the Department of the Air Force.
Liaison for Community and Junior Colleges, Department
of Education.
Director of the Office of Educational Technology.
Director of the International Broadcasting Bureau.
The Commissioner of Labor Statistics, Department of
Labor.
Chief Information Officer, Department of Agriculture.
Chief Information Officer, Department of Commerce.
Chief Information Officer, Department of Defense
(unless the official designated as the Chief
Information Officer of the Department of Defense is an
official listed under section 5312, 5313, or 5314 of
this title).
Chief Information Officer, Department of Education.
Chief Information Officer, Department of Energy.
Chief Information Officer, Department of Health and
Human Services.
Chief Information Officer, Department of Housing and
Urban Development.
Chief Information Officer, Department of the
Interior.
Chief Information Officer, Department of Justice.
Chief Information Officer, Department of Labor.
Chief Information Officer, Department of State.
Chief Information Officer, Department of
Transportation.
Chief Information Officer, Department of the
Treasury.
Chief Information Officer, Department of Veterans
Affairs.
Chief Information Officer, Environmental Protection
Agency.
Chief Information Officer, National Aeronautics and
Space Administration.
Chief Information Officer, Agency for International
Development.
Chief Information Officer, Federal Emergency
Management Agency.
Chief Information Officer, General Services
Administration.
Chief Information Officer, National Science
Foundation.
Chief Information Officer, Nuclear Regulatory Agency.
Chief Information Officer, Office of Personnel
Management.
Chief Information Officer, Small Business
Administration.
Chief Information Officer of the Intelligence
Community.
General Counsel of the Central Intelligence Agency.
Principal Deputy Administrator, National Nuclear
Security Administration.
Additional Deputy Administrators of the National
Nuclear Security Administration (3), but if the Deputy
Administrator for Naval Reactors is an officer of the
Navy on active duty, (2).
Deputy Under Secretary of Commerce for Intellectual
Property and Deputy Director of the United States
Patent and Trademark Office.
General Counsel of the Office of the Director of
National Intelligence.
Chief Medical Officer, Department of Homeland
Security.
Director of the National Counterintelligence and
Security Center.
* * * * * * *
----------
TITLE 18, UNITED STATES CODE
PART I--CRIMES
* * * * * * *
CHAPTER 111--SHIPPING
* * * * * * *
Sec. 2282B. Violence against aids to maritime navigation
Whoever intentionally destroys, seriously damages, alters,
moves, or tampers with any aid to maritime navigation
maintained by the [Saint Lawrence Seaway Development
Corporation] Great Lakes St. Lawrence Seaway Development
Corporation under the authority of section 4 of the Act of May
13, 1954 (33 U.S.C. 984), by the Coast Guard pursuant to
section 81 of title 14, United States Code, or lawfully
maintained under authority granted by the Coast Guard pursuant
to section 83 of title 14, United States Code, if such act
endangers or is likely to endanger the safe navigation of a
ship, shall be fined under this title or imprisoned for not
more than 20 years, or both.
* * * * * * *
----------
INTERNAL REVENUE CODE OF 1986
* * * * * * *
Subtitle I--Trust Fund Code
* * * * * * *
CHAPTER 98--TRUST FUND CODE
* * * * * * *
Subchapter A--ESTABLISHMENT OF TRUST FUNDS
* * * * * * *
SEC. 9505. HARBOR MAINTENANCE TRUST FUND.
(a) Creation of Trust Fund.--There is hereby established in
the Treasury of the United States a trust fund to be known as
the ``Harbor Maintenance Trust Fund'', consisting of such
amounts as may be--
(1) appropriated to the Harbor Maintenance Trust Fund
as provided in this section,
(2) transferred to the Harbor Maintenance Trust Fund
by the [Saint Lawrence Seaway Development Corporation]
Great Lakes St. Lawrence Seaway Development Corporation
pursuant to section 13(a) of the Act of May 13, 1954,
or
(3) credited to the Harbor Maintenance Trust Fund as
provided in section 9602(b).
(b) Transfer to Harbor Maintenance Trust Fund of amounts
equivalent to certain taxes.--There are hereby appropriated to
the Harbor Maintenance Trust Fund amounts equivalent to the
taxes received in the Treasury under section 4461 (relating to
harbor maintenance tax).
(c) Expenditures from Harbor Maintenance Trust Fund.--Amounts
in the Harbor Maintenance Trust Fund shall be available, as
provided by appropriation Acts, for making expenditures--
(1) to carry out section 210 of the Water Resources
Development Act of 1986,
(2) for payments of rebates of tolls or charges
pursuant to section 13(b) of the Act of May 13, 1954
(as in effect on April 1, 1987), and
(3) for the payment of all expenses of administration
incurred by the Department of the Treasury, the Army
Corps of Engineers, and the Department of Commerce
related to the administration of subchapter A of
chapter 36 (relating to harbor maintenance tax), but
not in excess of $5,000,000 for any fiscal year.
* * * * * * *
----------
TITLE 31, UNITED STATES CODE
* * * * * * *
SUBTITLE VI--MISCELLANEOUS
* * * * * * *
CHAPTER 91--GOVERNMENT CORPORATIONS
* * * * * * *
Sec. 9101. Definitions
In this chapter--
(1) ``Government corporation'' means a mixed-
ownership Government corporation and a wholly owned
Government corporation.
(2) ``mixed-ownership Government corporation''
means--
(A) the Central Bank for Cooperatives.
(B) the Federal Deposit Insurance
Corporation.
(C) the Federal Home Loan Banks.
(D) the Federal Intermediate Credit Banks.
(E) the Federal Land Banks.
(F) the National Credit Union Administration
Central Liquidity Facility.
(G) the Regional Banks for Cooperatives.
(H) the Financing Corporation.
(I) the Resolution Trust Corporation.
(J) the Resolution Funding Corporation.
(3) ``wholly owned Government corporation'' means--
(A) the Commodity Credit Corporation.
(B) the Community Development Financial
Institutions Fund.
(C) the Export-Import Bank of the United
States.
(D) the Federal Crop Insurance Corporation.
(E) Federal Prison Industries, Incorporated.
(F) the Corporation for National and
Community Service.
(G) the Government National Mortgage
Association.
(H) the Overseas Private Investment
Corporation.
(I) the Pennsylvania Avenue Development
Corporation.
(J) the Pension Benefit Guaranty Corporation.
(K) the [Saint Lawrence Seaway Development
Corporation] Great Lakes St. Lawrence Seaway
Development Corporation.
(L) the Secretary of Housing and Urban
Development when carrying out duties and powers
related to the Federal Housing Administration
Fund.
(M) the Tennessee Valley Authority.
(N) the Panama Canal Commission.
(O) the Millennium Challenge Corporation.
(P) the International Clean Energy
Foundation.
* * * * * * *
----------
WATER RESOURCES DEVELOPMENT ACT OF 1986
* * * * * * *
TITLE II--HARBOR DEVELOPMENT
* * * * * * *
SEC. 206. NONAPPLICABILITY TO SAINT LAWRENCE SEAWAY.
Sections 203, 204, and 205 do not apply to any harbor or
inland harbor project for that portion of the Saint Lawrence
Seaway administered by the [Saint Lawrence Seaway Development
Corporation] Great Lakes St. Lawrence Seaway Development
Corporation.
* * * * * * *
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
(a) Trust Fund.--There are authorized to be appropriated out
of the Harbor Maintenance Trust Fund, established by section
9505 of the Internal Revenue Code of 1954, for each fiscal year
such sums as may be necessary to pay--
(1) 100 percent of the eligible operations and
maintenance costs of those portions of the Saint
Lawrence Seaway operated and maintained by the [Saint
Lawrence Seaway Development Corporation] Great Lakes
St. Lawrence Seaway Development Corporation for such
fiscal year; and
(2) up to 100 percent of the eligible operations and
maintenance costs assigned to commercial navigation of
all harbors and inland harbors within the United
States.
(b) General Fund.--There are authorized to be appropriated
out of the general fund of the Treasury of the United States
for each fiscal year such sums as may be necessary to pay the
balance of all eligible operations and maintenance costs not
provided by payments from the Harbor Maintenance Trust Fund
under this section.
(c) Operation and Maintenance of Harbor Projects.--
(1) In general.--To the maximum extent practicable,
the Secretary shall make expenditures to pay for
operation and maintenance costs of the harbors and
inland harbors referred to in subsection (a)(2),
including expenditures of funds appropriated from the
Harbor Maintenance Trust Fund, based on an equitable
allocation of funds among all such harbors and inland
harbors.
(2) Criteria.--
(A) In general.--In determining an equitable
allocation of funds under paragraph (1), the
Secretary shall--
(i) consider the information obtained
in the assessment conducted under
subsection (e);
(ii) consider the national and
regional significance of harbor
operations and maintenance; and
(iii) as appropriate, consider
national security and military
readiness needs.
(B) Limitation.--The Secretary shall not
allocate funds under paragraph (1) based solely
on the tonnage transiting through a harbor.
(3) Emerging harbor projects.--Notwithstanding any
other provision of this subsection, in making
expenditures under paragraph (1) for each fiscal year,
the Secretary shall allocate for operation and
maintenance costs of emerging harbor projects an amount
that is not less than 10 percent of the funds made
available under this section for fiscal year 2012 to
pay the costs described in subsection (a)(2).
(4) Management of great lakes navigation system.--To
sustain effective and efficient operation and
maintenance of the Great Lakes Navigation System,
including any navigation feature in the Great Lakes
that is a Federal responsibility with respect to
operation and maintenance, the Secretary shall manage
all of the individually authorized projects in the
Great Lakes Navigation System as components of a
single, comprehensive system, recognizing the
interdependence of the projects.
(d) Prioritization.--
(1) Priority.--
(A) In general.--For each fiscal year, if
priority funds are available, the Secretary
shall use at least 10 percent of such funds for
emerging harbor projects.
(B) Additional considerations.--For each
fiscal year, of the priority funds available,
the Secretary shall use--
(i) not less than 5 percent of such
funds for underserved harbor projects;
and
(ii) not less than 10 percent of such
funds for projects that are located
within the Great Lakes Navigation
System.
(C) Underserved harbors.--In determining
which underserved harbor projects shall receive
funds under this paragraph, the Secretary shall
consider--
(i) the total quantity of commerce
supported by the water body on which
the project is located; and
(ii) the minimum width and depth
that--
(I) would be necessary at the
underserved harbor project to
provide sufficient clearance
for fully loaded commercial
vessels using the underserved
harbor project to maneuver
safely; and
(II) does not exceed the
constructed width and depth of
the authorized navigation
project.
(2) Expanded uses.--
(A) Definition of eligible harbor or inland
harbor defined.--In this paragraph, the term
``eligible harbor or inland harbor'' means a
harbor or inland harbor at which the total
amount of harbor maintenance taxes collected in
the immediately preceding 3 fiscal years
exceeds the value of the work carried out for
the harbor or inland harbor using amounts from
the Harbor Maintenance Trust Fund during those
3 fiscal years.
(B) Use of expanded uses funds.--
(i) Fiscal years 2015 through 2024.--
For each of fiscal years 2015 through
2024, of the priority funds available,
the Secretary shall use not less than
10 percent of such funds for expanded
uses carried out at an eligible harbor
or inland harbor.
(ii) Subsequent fiscal years.--For
fiscal year 2025 and each fiscal year
thereafter, the Secretary shall use not
less than 10 percent of the priority
funds available for expanded uses
carried out at an eligible harbor or
inland harbor.
(C) Prioritization.--In allocating funds
under this paragraph, the Secretary shall give
priority to projects at eligible harbors or
inland harbors for which the difference,
calculated in dollars, is greatest between--
(i) the total amount of funding made
available for projects at that eligible
harbor or inland harbor from the Harbor
Maintenance Trust Fund in the
immediately preceding 3 fiscal years;
and
(ii) the total amount of harbor
maintenance taxes collected at that
harbor or inland harbor in the
immediately preceding 3 fiscal years.
(3) Remaining funds.--
(A) In general.--For each of fiscal years
2015 through 2024, if after fully funding all
projects eligible for funding under paragraphs
(1)(B) and (2)(B)(i), priority funds made
available under those paragraphs remain
unobligated, the Secretary shall use those
remaining funds to pay for operation and
maintenance costs of any harbor or inland
harbor referred to in subsection (a)(2) based
on an equitable allocation of those funds among
the harbors and inland harbors.
(B) Criteria.--In determining an equitable
allocation of funds under subparagraph (A), the
Secretary shall--
(i) use the criteria specified in
subsection (c)(2)(A); and
(ii) make amounts available in
accordance with the requirements of
paragraph (1)(A).
(4) Emergency expenditures.--Nothing in this
subsection prohibits the Secretary from making an
expenditure to pay for the operation and maintenance
costs of a specific harbor or inland harbor, including
the transfer of funding from the operation and
maintenance of a separate project, if--
(A) the Secretary determines that the action
is necessary to address the navigation needs of
a harbor or inland harbor where safe navigation
has been severely restricted due to an
unforeseen event; and
(B) the Secretary provides within 90 days of
the action notice and information on the need
for the action to the Committee on Environment
and Public Works and the Committee on
Appropriations of the Senate and the Committee
on Transportation and Infrastructure and the
Committee on Appropriations of the House of
Representatives.
(e) Assessment of Harbors and Inland Harbors.--
(1) In general.--Not later than 270 days after the
date of enactment of this subsection, and biennially
thereafter, the Secretary shall assess, and issue a
report to Congress on, the operation and maintenance
needs and uses of the harbors and inland harbors
referred to in subsection (a)(2).
(2) Assessment of harbor needs and activities.--
(A) Total operation and maintenance needs of
harbors.--In carrying out paragraph (1), the
Secretary shall identify--
(i) the total future costs required
to achieve and maintain the constructed
width and depth for the harbors and
inland harbors referred to in
subsection (a)(2); and
(ii) the total expected costs for
expanded uses at eligible harbors or
inland harbors referred to in
subsection (d)(2).
(B) Uses of harbors and inland harbors.--In
carrying out paragraph (1), the Secretary shall
identify current uses (and, to the extent
practicable, assess the national, regional, and
local benefits of such uses) of harbors and
inland harbors referred to in subsection
(a)(2), including the use of those harbors
for--
(i) commercial navigation, including
the movement of goods;
(ii) domestic trade;
(iii) international trade;
(iv) commercial fishing;
(v) subsistence, including use by
Indian tribes (as defined in section 4
of the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
450b)) for subsistence and ceremonial
purposes;
(vi) use as a harbor of refuge;
(vii) transportation of persons;
(viii) purposes relating to domestic
energy production, including the
fabrication, servicing, or supply of
domestic offshore energy production
facilities;
(ix) activities of the Secretary of
the department in which the Coast Guard
is operating;
(x) activities of the Secretary of
the Navy;
(xi) public health and safety related
equipment for responding to coastal and
inland emergencies;
(xii) recreation purposes; and
(xiii) other authorized purposes.
(C) Opportunities for beneficial use of
dredged materials.--In carrying out paragraph
(1), the Secretary shall identify potential
opportunities for the beneficial use of dredged
materials obtained from harbors and inland
harbors referred to in subsection (a)(2),
including projects eligible under section 1122
of the Water Resources Development Act of 2016
(130 Stat. 1645; 33 U.S.C. 2326 note).
(3) Report to congress.--
(A) In general.--For fiscal year 2016, and
biennially thereafter, in conjunction with the
President's annual budget submission to
Congress under section 1105(a) of title 31,
United States Code, the Secretary shall submit
to the Committee on Environment and Public
Works and the Committee on Appropriations of
the Senate and the Committee on Transportation
and Infrastructure and the Committee on
Appropriations of the House of Representatives
a report that, with respect to harbors and
inland harbors referred to in subsection
(a)(2)--
(i) identifies the operation and
maintenance costs associated with the
harbors and inland harbors, including
those costs required to achieve and
maintain the constructed width and
depth for the harbors and inland
harbors and the costs for expanded uses
at eligible harbors and inland harbors,
on a project-by-project basis;
(ii) identifies the amount of funding
requested in the President's budget for
the operation and maintenance costs
associated with the harbors and inland
harbors, on a project-by-project basis;
(iii) identifies the unmet operation
and maintenance needs associated with
the harbors and inland harbors, on a
project-by-project basis; and
(iv) identifies the harbors and
inland harbors for which the President
will allocate funding over the
subsequent 5 fiscal years for operation
and maintenance activities, on a
project-by-project basis, including the
amounts to be allocated for such
purposes.
(B) Additional requirement.--In the first
report submitted under subparagraph (A)
following the date of enactment of the Water
Resources Development Act of 2016, the
Secretary shall identify, to the maximum extent
practicable, transportation cost savings
realized by achieving and maintaining the
constructed width and depth for the harbors and
inland harbors referred to in subsection
(a)(2), on a project-by-project basis.
(C) Public availability.--The Secretary shall
make the report submitted under subparagraph
(A) available to the public, including on the
Internet.
(f) Definitions.--In this section:
(1) Constructed width and depth.--The term
``constructed width and depth'' means the width and
depth to which a project has been constructed, which
may not exceed the authorized width and depth of the
project.
(2) Emerging harbor project.--The term ``emerging
harbor project'' means a project that is assigned to a
harbor or inland harbor referred to in subsection
(a)(2) that transits less than 1,000,000 tons of cargo
annually.
(3) Expanded uses.--The term ``expanded uses'' means
the following activities:
(A) The maintenance dredging of a berth in a
harbor that is accessible to a Federal
navigation project and that benefits commercial
navigation at the harbor.
(B) The maintenance dredging and disposal of
legacy-contaminated sediment, and sediment
unsuitable for open water disposal, if--
(i) such dredging and disposal
benefits commercial navigation at the
harbor; and
(ii) such sediment is located in and
affects the maintenance of a Federal
navigation project or is located in a
berth that is accessible to a Federal
navigation project.
(4) Great lakes navigation system.--The term ``Great
Lakes Navigation System'' includes--
(A)(i) Lake Superior;
(ii) Lake Huron;
(iii) Lake Michigan;
(iv) Lake Erie; and
(v) Lake Ontario;
(B) all connecting waters between the lakes
referred to in subparagraph (A) used for
commercial navigation;
(C) any navigation features in the lakes
referred to in subparagraph (A) or waters
described in subparagraph (B) that are a
Federal operation or maintenance
responsibility; and
(D) areas of the Saint Lawrence River that
are operated or maintained by the Federal
Government for commercial navigation.
(5) Harbor maintenance tax.--The term ``harbor
maintenance tax'' means the amounts collected under
section 4461 of the Internal Revenue Code of 1986.
(6) High-use harbor project.--The term ``high-use
harbor project'' means a project that is assigned to a
harbor or inland harbor referred to in subsection
(a)(2) that transits not less than 10,000,000 tons of
cargo annually.
(7) Moderate-use harbor project.--The term
``moderate-use harbor project'' means a project that is
assigned to a harbor or inland harbor referred to in
subsection (a)(2) that transits annually--
(A) more than 1,000,000 tons of cargo; but
(B) less than 10,000,000 tons of cargo.
(8) Priority funds.--The term ``priority funds''
means the difference between--
(A) the total funds that are made available
under this section to pay the costs described
in subsection (a)(2) for a fiscal year; and
(B) the total funds made available under this
section to pay the costs described in
subsection (a)(2) in fiscal year 2012.
(9) Underserved harbor project.--
(A) In general.--The term ``underserved
harbor project'' means a project that is
assigned to a harbor or inland harbor referred
to in subsection (a)(2)--
(i) that is a moderate-use harbor
project or an emerging harbor project;
(ii) that has been maintained at less
than the constructed width and depth of
the project during each of the
preceding 6 fiscal years; and
(iii) for which State and local
investments in infrastructure have been
made at those projects during the
preceding 6 fiscal years.
(B) Administration.--For purposes of this
paragraph, State and local investments in
infrastructure shall include infrastructure
investments made using amounts made available
for activities under section 105(a)(9) of the
Housing and Community Development Act of 1974
(42 U.S.C. 5305(a)(9)).
* * * * * * *
SEC. 214. DEFINITIONS.
For purposes of this title--
(1) Deep-draft harbor.--The term ``deep-draft
harbor'' means a harbor which is authorized to be
constructed to a depth of more than 45 feet (other than
a project which is authorized by section 202 of this
title).
(2) Eligible operations and maintenance.--(A) Except
as provided in subparagraph (B), the term ``eligible
operations and maintenance'' means all Federal
operations, maintenance, repair, and rehabilitation,
including (i) maintenance dredging reasonably necessary
to maintain the width and nominal depth of any harbor
or inland harbor; (ii) the construction of dredged
material disposal facilities that are necessary for the
operation and maintenance of any harbor or inland
harbor; (iii) dredging and disposing of contaminated
sediments that are in or that affect the maintenance of
Federal navigation channels; (iv) mitigating for
impacts resulting from Federal navigation operation and
maintenance activities; and (v) operating and
maintaining dredged material disposal facilities.
(B) As applied to the Saint Lawrence Seaway, the term
``eligible operations and maintenance'' means all
operations, maintenance, repair, and rehabilitation,
including maintenance dredging reasonably necessary to
keep such Seaway or navigation improvements operated or
maintained by the [Saint Lawrence Seaway Development
Corporation] Great Lakes St. Lawrence Seaway
Development Corporation in operation and reasonable
state of repair.
(C) The term ``eligible operations and maintenance''
does not include providing any lands, easements, or
rights-of-way, or performing relocations required for
project operations and maintenance.
(3) General cargo harbor.--The term ``general cargo
harbor'' means a harbor for which a project is
authorized by section 202 of this title and any other
harbor which is authorized to be constructed to a depth
of more than 20 feet but not more than 45 feet;
(4) Harbor.--The term ``harbor'' means any channel or
harbor, or element thereof, in the United States,
capable of being utilized in the transportation of
commercial cargo in domestic or foreign waterborne
commerce by commercial vessels. The term does not
include--
(A) an inland harbor;
(B) the Saint Lawrence Seaway;
(C) local access or berthing channels;
(D) channels or harbors constructed or
maintained by nonpublic interests; and
(E) any portion of the Columbia River other
than the channels on the downstream side of
Bonneville lock and dam.
(5) Inland harbor.--The term ``inland harbor'' means
a navigation project which is used principally for the
accommodation of commercial vessels and the receipt and
shipment of waterborne cargoes on inland waters. The
term does not include--
(A) projects on the Great Lakes;
(B) projects that are subject to tidal
influence;
(C) projects with authorized depths of
greater than 20 feet;
(D) local access or berthing channels; and
(E) projects constructed or maintained by
nonpublic interests.
(6) Nominal depth.--The term ``nominal depth'' means,
in relation to the stated depth for any navigation
improvement project, such depth, including any greater
depths which must be maintained for any harbor or
inland harbor or element thereof included within such
project in order to ensure the safe passage at mean low
tide of any vessel requiring the stated depth.
(7) Non-federal interest.--The term ``non-Federal
interest'' has the meaning such term has under section
221 of the Flood Control Act of 1970 and includes any
interstate agency and port authority established under
a compact entered into between two or more States with
the consent of Congress under section 10 of Article I
of the Constitution.
(8) United states.--The term ``United States'' means
all areas included within the territorial boundaries of
the United States, including the several States, the
District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, the Trust
Territory of the Pacific Islands, the Northern Mariana
Islands, and any other territory or possession over
which the United States exercises jurisdiction.
* * * * * * *
TITLE XI--MISCELLANEOUS PROGRAMS AND PROJECTS
* * * * * * *
SEC. 1132. GREAT LAKES MARKETING BOARD.
(a) To ensure the coordinated economic revitalization and
environmental enhancement of the Great Lakes and their
connecting channels and the Saint Lawrence Seaway (hereinafter
in this section referred to as the ``Great Lakes''), known as
the ``Fourth Seacoast'' of the United States, it is hereby
declared to be the intent of Congress to recognize the
importance of the economic vitality of the Great Lakes region,
the importance of exports from the region in the United States
balance of trade, and the need to assure an environmentally and
socially responsible navigation system for the Great Lakes.
Congress finds that the Great Lakes provide a diversity of
agricultural, commercial, environmental, recreational, and
related opportunities based on their extensive water resources
and water transportation systems.
(b)(1) There is hereby established a Board to be known as the
Great Lakes Commodities Marketing Board (hereinafter in this
subsection referred to as the ``Board'').
(2)(A) The Board shall develop a strategy to improve the
capacity of the Great Lakes region to produce, market, and
transport commodities in a timely manner and to maximize the
efficiency and benefits of marketing products produced in the
Great Lakes region and products shipped through the Great
Lakes.
(B) The strategy shall address, among other things,
environmental issues relating to transportation on the Great
Lakes and marketing difficulties experienced due to late
harvest seasons in the Great Lakes region. The strategy shall
include, as appropriate alternative storage, sales, marketing,
multimodal transportation systems, and other systems, to assure
optimal economic benefits to the region from agricultural and
other commercial activities. The strategy shall develop--
(i) methods to improve and promote both bulk and
general cargo trade through Great Lakes ports;
(ii) methods to accelerate the movement of grains and
other agricultural commodities through the Great Lakes;
(iii) methods to provide needed flexibility to
farmers in the Great Lakes region to market grains and
other agricultural commodities; and
(iv) methods and materials to promote trade from the
Great Lakes region and through Great Lakes ports,
particularly with European, Mediterranean, African,
Caribbean, Central American, and South American
nations.
(C) In developing the strategy, the Board shall conduct and
consider the results of--
(i) an analysis of the feasibility and costs of using
iron ore vessels, which are not being utilized, to move
grain and other agricultural commodities on the Great
Lakes;
(ii) an economic analysis of transshipping such
commodities through Montreal, Canada, and other ports;
(iii) an analysis of the economic feasibility of
storing such commodities during the non-navigation
season of the Great Lakes and the feasibility of and
need for construction of new storage facilities for
such commodities;
(iv) an analysis of the constraints on the
flexibility of farmers in the Great Lakes region to
market grains and other agricul- tural commodities,
including harvest dates for such commodities and the
availability of transport and storage facilities for
such commodities; and
(v) an analysis of the amount of grain and other
agricultural commodities produced in the United States
which are being diverted to Canada by rail but which
could be shipped on the Great Lakes if vessels were
available for shipping such products during the
navigation season. (Dl In developing the strategy, the
Board shall consider weather problems and related costs
and marketing problems resulting from the late harvest
of agricultural commodities (including wheat and
sunflower seeds) in the Great Lakes region.
(E) In developing the strategy, the Board shall consult
United States ports on the Great Lakes and their users,
including farm organizations (such as wheat growers and soybean
growers), port authorities, water carrier organizations, and
other interested persons.
(3) The Board shall be composed of seven members as follows:
(A) the chairman of the Great Lakes Commission or his
or her delegate,
(B) the Secretary or his or her delegate,
(C) the Secretary of Transportation or his or her
delegate,
(D) the Secretary of Commerce or his or her delegate,
(E) the Administrator of the [Saint Lawrence Seaway
Development Corporation] Great Lakes St. Lawrence
Seaway Development Corporation or his or her delegate,
(F) the Secretary of Agriculture or his or her
delegate, and
(G) the Administrator of the Environmental Protection
Agency or his or her delegate.
(4)(A) Members of the Board shall serve for the life of the
Board.
(B) Members of the Board shall serve without pay and those
members who are full time officers or employees of the United
States shall receive no additional pay by reason of their
service on the Board, except that members of the Board shall be
allowed travel or transportation expenses under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular seq. places of business and engaged in
the actual performance of duties vested in the Board.
(C) Four members of the Board shall constitute a quorum but a
lesser number may hold hearings.
(D) The co-chairmen of the Board shall be the Secretary or
his or her delegate and the Administrator of the [Saint
Lawrence Seaway Development Corporation] Great Lakes St.
Lawrence Seaway Development Corporation or his or her delegate.
(E) The Board shall meet at the call of the co-chairmen or a
majority of its members.
(5)(A) The Board shall, without regard to section 5311(b) of
title 5, United States Code, have a Director, who shall be
appointed by the Board and shall be paid at a rate which the
Board considers appropriate.
(B) Subject to such rules as may be prescribed by the Board,
without regard to 5311(b) of title 5, United States Code, the
Board may appoint and fix the pay of such additional personnel
as the Board considers appropriate.
(C) Upon request of the Board, the head of any Federal agency
is authorized to detail, on a reimbursable basis, any of the
personnel of such agency to the Board to assist the Board in
carrying out its duties under this subsection.
(6)(A) The Board may, for purposes of carrying out this
subsection, hold such hearings, sit and act at such times and
places, take such testimony, and receive such evidence, as the
Board considers appropriate.
(B) Any member or agent of the Board may, if so authorized by
the Board, take any action which the Board is authorized to
take by this paragraph.
(C) The Board may secure directly from any department or
agency of the United States any information necessary to enable
it to carry out this subsection. Upon request of the cochairmen
of the Board, the head of such department or agency shall
furnish such information to the Board.
(D) The Board may use the United States mail in the same
manner and under the same conditions as other departments and
agencies of the United States.
(E) The Administrator of General Services shall provide to
the Board on a reimbursable basis such administrative support
services as the Board may request.
(7) Not later than September 30,1989, the Board shall
transmit to the President and to each House of the Congress a
report stating the strategy developed under this subsection and
the results of each analysis conducted under this subsection.
Such report shall contain a detailed statement of the findings
and conclusions of the Board together with its recommendations
for such legislative and administrative actions as it considers
appropriate to carry out such strategy and to assure maximum
economic benefits to the users of the Great Lakes and to the
Great Lakes region.
(8) The Board shall cease to exist 180 days after submitting
its report pursuant to this subsection.
(9) The non-Federal share of the cost of carrying out this
subsection shall be 25 percent. There is authorized to be
appropriated such sums as may be necessary to carry out the
Federal share of this subsection for fiscal years beginning
after September 30, 1986, and ending before October 1,1990.
(c)(1) The President shall invite the Government of Canada to
join in the formation of an international advisory group whose
duty it shall be (A) to develop a bilateral program for
improving navigation, through a coordinated strategy, on the
Great Lakes, and (B) to conduct investigations on a continuing
basis and make recommendations for a system-wide navigation
improvement program to facilitate optimum use of the Great
Lakes. The advisory group shall be composed of five members
representing the United States, five members representing
Canada, and two members from the International Joint Commission
established by the treaty between the United States and Great
Britain relating to boundary waters between the United States
and Canada, signed at Washington, January 11, 1909 (36 Stat.
2448). The five members representing the United States shall
include the Secretary of State, one member of the Great Lakes
Commodities Marketing Board (as designated by the Board), and
three individuals appointed by the President rep resenting
commercial, shipping, and environmental interests,
respectively.
(2) The United States representatives to the international
advisory group shall serve without pay and the United States
rep resentatives to the advisory group who are full time
officers or employees of the United States shall receive no
additional pay by reason of their service on the advisory
group, except that the United States representatives shall be
allowed travel or transportation expenses under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular place of business and engaged in the
actual performance of duties vested in the advisory group.
(3) The international advisory group established by this
subsection shall report to Congress and to the Canadian
Parliament on its progress in carrying out the duties set forth
in this subsection not later than one year after the formation
of such group and biennially thereafter.
(d) The Secretary and the Administrator of the Environmental
Protection Agency, in cooperation with the Secretary of the
Interior, the Administrator of the National Oceanic and
Atmospheric Administration, and other appropriate Federal and
non-Federal entities, shall carry out a review of the
environmental, economic, and social impacts of navigation in
the United States portion of the Great Lakes. In carrying out
such review, the Secretary and the Administrator shall use
existing research, studies, and investigations relating to such
impacts to the maximum extent possible. Special emphasis shall
be made in such review of the impacts of navigation on the
shoreline and on fish and wildlife habitat, including, but not
limited to, impacts associated with resuspension of bottom
sediment. The Secretary and the Administrator shall submit to
Congress an interim report of such review not later than
September 30, 1988, and a final report of such review along
with recommendations not later than September 30,1990.
* * * * * * *
----------
TITLE 46, UNITED STATES CODE
* * * * * * *
SUBTITLE II--VESSELS AND SEAMEN
* * * * * * *
PART A--GENERAL PROVISIONS
* * * * * * *
CHAPTER 21--GENERAL
* * * * * * *
Sec. 2109. Public vessels
Except as otherwise provided, this subtitle does not apply to
a public vessel of the United States. However, this subtitle
does apply to a vessel (except a [Saint Lawrence Seaway
Development Corporation] Great Lakes St. Lawrence Seaway
Development Corporation vessel) owned or operated by the
Department of Transportation or by any corporation organized or
controlled by the Department.
* * * * * * *
PART F--MANNING OF VESSELS
* * * * * * *
CHAPTER 81--GENERAL
* * * * * * *
Sec. 8103. Citizenship and Navy Reserve requirements
(a) Except as otherwise provided in this title, only a
citizen of the United States may serve as master, chief
engineer, radio officer, or officer in charge of a deck watch
or engineering watch on a documented vessel.
(b)(1) Except as otherwise provided in this section, on a
documented vessel--
(A) each unlicensed seaman must be--
(i) a citizen of the United States;
(ii) an alien lawfully admitted to the United
States for permanent residence; or
(iii) a foreign national who is enrolled in
the United States Merchant Marine Academy; and
(B) not more than 25 percent of the total number of
unlicensed seamen on the vessel may be aliens lawfully
admitted to the United States for permanent residence.
(2) Paragraph (1) of this subsection does not apply to--
(A) a yacht;
(B) a fishing vessel fishing exclusively for highly
migratory species (as that term is defined in section 3
of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802)); and
(C) a fishing vessel fishing outside of the exclusive
economic zone.
(3) The Secretary may waive a citizenship requirement under
this section, other than a requirement that applies to the
master of a documented vessel, with respect to--
(A) an offshore supply vessel or other similarly
engaged vessel of less than 1,600 gross tons as
measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section
14104 of this title that operates from a foreign port;
(B) a mobile offshore drilling unit or other vessel
engaged in support of exploration, exploitation, or
production of offshore mineral energy resources
operating beyond the water above the outer Continental
Shelf (as that term is defined in section 2(a) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331(a));
and
(C) any other vessel if the Secretary determines,
after an investigation, that qualified seamen who are
citizens of the United States are not available.
(c) On each departure of a vessel (except a passenger vessel)
for which a construction differential subsidy has been granted,
all of the seamen of the vessel must be citizens of the United
States.
(d)(1) On each departure of a passenger vessel for which a
construction differential subsidy has been granted, at least 90
percent of the entire complement (including licensed
individuals) must be citizens of the United States.
(2) An individual not required by this subsection to be a
citizen of the United States may be engaged only if the
individual has a declaration of intention to become a citizen
of the United States or other evidence of admission to the
United States for permanent residence. An alien may be employed
only in the steward's department of the passenger vessel.
(e) If a documented vessel is deprived for any reason of the
services of an individual (except the master and the radio
officer) when on a foreign voyage and a vacancy consequently
occurs, until the vessel's return to a port at which in the
most expeditious manner a replacement who is a citizen of the
United States can be obtained, an individual not a citizen of
the United States may serve in--
(1) the vacancy; or
(2) a vacancy resulting from the promotion of another
individual to fill the original vacancy.
(f) A person employing an individual in violation of this
section or a regulation prescribed under this section is liable
to the United States Government for a civil penalty of $500 for
each individual so employed.
(g) A deck or engineer officer employed on a vessel on which
an operating differential subsidy is paid, or employed on a
vessel (except a vessel of the Coast Guard or [Saint Lawrence
Seaway Development Corporation] Great Lakes St. Lawrence Seaway
Development Corporation) owned or operated by the Department of
Transportation or by a corporation organized or controlled by
the Department, if eligible, shall be a member of the Navy
Reserve.
(h) The President may--
(1) suspend any part of this section during a
proclaimed national emergency; and
(2) when the needs of commerce require, suspend as
far and for a period the President considers desirable,
subsection (a) of this section for crews of vessels of
the United States documented for foreign trade.
(i)(1) Except as provided in paragraph (3) of this
subsection, each unlicensed seaman on a fishing, fish
processing, or fish tender vessel that is engaged in the
fisheries in the navigable waters of the United States or the
exclusive economic zone must be--
(A) a citizen of the United States;
(B) an alien lawfully admitted to the United States
for permanent residence;
(C) any other alien allowed to be employed under the
Immigration and Nationality Act (8 U.S.C. 1101 et
seq.); or
(D) an alien allowed to be employed under the
immigration laws of the Commonwealth of the Northern
Mariana Islands if the vessel is permanently stationed
at a port within the Commonwealth and the vessel is
engaged in the fisheries within the exclusive economic
zone surrounding the Commonwealth or another United
States territory or possession.
(2) Not more than 25 percent of the unlicensed seamen on a
vessel subject to paragraph (1) of this subsection may be
aliens referred to in clause (C) of that paragraph.
(3) This subsection does not apply to a fishing vessel
fishing exclusively for highly migratory species (as that term
is defined in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802)).
(j) Riding Gang Member.--This section does not apply to an
individual who is a riding gang member.
(k) Crew Requirements for Large Passenger Vessels.--
(1) Citizenship and nationality.--Each unlicensed
seaman on a large passenger vessel shall be--
(A) a citizen of the United States;
(B) an alien lawfully admitted to the United
States for permanent residence;
(C) an alien allowed to be employed in the
United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.),
including an alien crewman described in section
101(a)(15)(D)(i) of that Act (8 U.S.C.
1101(a)(15)(D)(i)), who meets the requirements
of paragraph (3)(A) of this subsection; or
(D) a foreign national who is enrolled in the
United States Merchant Marine Academy.
(2) Percentage limitation for alien seamen.--Not more
than 25 percent of the unlicensed seamen on a vessel
described in paragraph (1) of this subsection may be
aliens referred to in subparagraph (B) or (C) of that
paragraph.
(3) Special rules for certain unlicensed seamen.--
(A) Qualifications.--An unlicensed seaman
described in paragraph (1)(C) of this
subsection--
(i) shall have been employed, for a
period of not less than 1 year, on a
passenger vessel under the same common
ownership or control as the vessel
described in paragraph (1) of this
subsection, as certified by the owner
or managing operator of such vessel to
the Secretary;
(ii) shall have no record of material
disciplinary actions during such
employment, as verified in writing by
the owner or managing operator of such
vessel to the Secretary;
(iii) shall have successfully
completed a United States Government
security check of the relevant domestic
and international databases, as
appropriate, or any other national
security-related information or
database;
(iv) shall have successfully
undergone an employer background
check--
(I) for which the owner or
managing operator provides a
signed report to the Secretary
that describes the background
checks undertaken that are
reasonably and legally
available to the owner or
managing operator including
personnel file information
obtained from such seaman and
from databases available to the
public with respect to the
seaman;
(II) that consisted of a
search of all information
reasonably available to the
owner or managing operator in
the seaman's country of
citizenship and any other
country in which the seaman
receives employment referrals,
or resides;
(III) that is kept on the
vessel and available for
inspection by the Secretary;
and
(IV) the information derived
from which is made available to
the Secretary upon request; and
(v) may not be a citizen or temporary
or permanent resident of a country
designated by the United States as a
sponsor of terrorism or any other
country that the Secretary, in
consultation with the Secretary of
State and the heads of other
appropriate United States agencies,
determines to be a security threat to
the United States.
(B) Restrictions.--An unlicensed seaman
described in paragraph (1)(C) of this
subsection--
(i) may be employed only in the
steward's department of the vessel; and
(ii) may not perform watchstanding,
automated engine room duty watch, or
vessel navigation functions.
(C) Status, documentation, and employment.--
An unlicensed seaman described in subparagraph
(C) or (D) of paragraph (1) of this
subsection--
(i) is deemed to meet the nationality
requirements necessary to qualify for a
merchant mariners document
notwithstanding the requirements of
part 12 of title 46, Code of Federal
Regulations;
(ii) is deemed to meet the proof-of-
identity requirements necessary to
qualify for a merchant mariners
document, as prescribed under
regulations promulgated by the
Secretary, if the seaman possesses--
(I) an unexpired passport
issued by the government of the
country of which the seaman is
a citizen or subject; and
(II) an unexpired visa issued
to the seaman, as described in
paragraph (1)(C);
(iii) shall, if eligible, be issued a
merchant mariners document with an
appropriate annotation reflecting the
restrictions of subparagraph (B) of
this paragraph; and
(iv) may be employed for a period of
service on board not to exceed 36
months in the aggregate as a
nonimmigrant crewman described in
section 101(a)(15)(D)(i) of the
Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(D)(i)) on vessels
engaged in domestic voyages
notwithstanding the departure
requirements and time limitations of
such section and section 252 of the
Immigration and Nationality Act (8
U.S.C. 1282) and the regulations and
rules promulgated thereunder.
(4) Merchant mariner's document requirements not
affected.--This subsection shall not be construed to
affect any requirement under Federal law that an
individual must hold a merchant mariner's document.
(5) Definitions.--In this subsection:
(A) Steward's department.--The term
``steward's department'' means the department
that includes entertainment personnel and all
service personnel, including wait staff,
housekeeping staff, and galley workers, as
defined in the vessel security plan approved by
the Secretary pursuant to section 70103(c) of
this title.
(B) Large passenger vessel.--The term ``large
passenger vessel'' means a vessel of more than
70,000 gross tons, as measured under section
14302 of this title, with capacity for at least
2,000 passengers and documented with a
coastwise endorsement under chapter 121 of this
title.
* * * * * * *
CHAPTER 85--PILOTS
* * * * * * *
Sec. 8503. Federal pilots authorized
(a) The Secretary may require a pilot licensed under section
7101 of this title on a self-propelled vessel when a pilot is
not required by State law and the vessel is--
(1) engaged in foreign commerce; and
(2) operating--
(A) in internal waters of the United States;
or
(B) within 3 nautical miles from the
baselines from which the territorial sea of the
United States is measured.
(b) A requirement prescribed under subsection (a) of this
section is terminated when the State having jurisdiction over
the area involved--
(1) establishes a requirement for a State licensed
pilot; and
(2) notifies the Secretary of that fact.
(c) For the Saint Lawrence Seaway, the Secretary may not
delegate the authority under this section to an agency except
the [Saint Lawrence Seaway Development Corporation] Great Lakes
St. Lawrence Seaway Development Corporation.
(d) A person violating this section or a regulation
prescribed under this section is liable to the United States
Government for a civil penalty of not more than $25,000. Each
day of a continuing violation is a separate violation. The
vessel also is liable in rem for the penalty.
(e) A person that knowingly violates this section or a
regulation prescribed under this section commits a class D
felony.
* * * * * * *
SUBTITLE V--MERCHANT MARINE
* * * * * * *
PART D--PROMOTIONAL PROGRAMS
* * * * * * *
CHAPTER 551--COASTWISE TRADE
* * * * * * *
Sec. 55112. Vessel escort operations and towing assistance
(a) In General.--Except in the case of a vessel in distress,
only a vessel of the United States may perform the following
escort vessel operations within the navigable waters of the
United States:
(1) Operations that commence or terminate at a port
or place in the United States.
(2) Operations required by United States law or
regulation.
(3) Operations provided in whole or in part within or
through navigation facilities owned, maintained, or
operated by the United States Government or the
approaches to those facilities, other than facilities
operated by the [St. Lawrence Seaway Development
Corporation] Great Lakes St. Lawrence Seaway
Development Corporation on the St. Lawrence River
portion of the Seaway.
(b) Escort Vessels.--For purposes of this section, an escort
vessel is--
(1) any vessel that is assigned and dedicated to
assist another vessel, whether or not tethered to that
vessel, solely as a safety precaution to assist in
controlling the speed or course of the assisted vessel
in the event of a steering or propulsion equipment
failure, or any other similar emergency circumstance,
or in restricted waters where additional assistance in
maneuvering the vessel is required to ensure its safe
operation; and
(2) in the case of a vessel being towed under section
55111 of this title, any vessel that is assigned and
dedicated to the vessel being towed in addition to any
towing vessel required under that section.
(c) Relationship to Other Law.--This section does not affect
section 55111 of this title.
(d) Penalty.--A person violating this section is liable to
the Government for a civil penalty of not more than $10,000 for
each day during which the violation occurs.
* * * * * * *
CHAPTER 553--PASSENGER AND CARGO PREFERENCES
* * * * * * *
SUBCHAPTER III--AMERICAN GREAT LAKES VESSELS
Sec. 55331. Definitions
In this subchapter:
(1) American great lakes vessel.--The term ``American
Great Lakes vessel'' means a vessel so designated under
section 55332 of this title, but only during the period
the designation is in effect.
(2) Great lakes.--The term ``Great Lakes'' means Lake
Superior, Lake Michigan, Lake Huron, Lake Erie, Lake
Ontario, the Saint Lawrence River west of Saint Regis,
New York, and their connecting and tributary waters.
(3) Great lakes shipping season.--The term ``Great
Lakes shipping season'' means the period each year
during which the Saint Lawrence Seaway is open for
navigation by vessels, as declared by the [Saint
Lawrence Seaway Development Corporation] Great Lakes
St. Lawrence Seaway Development Corporation.
* * * * * * *
SUBTITLE VII--SECURITY AND DRUG ENFORCEMENT
* * * * * * *
CHAPTER 700--PORTS AND WATERWAYS SAFETY
* * * * * * *
SUBCHAPTER IV--DEFINITIONS, REGULATIONS, ENFORCEMENT, INVESTIGATORY
POWERS, APPLICABILITY
* * * * * * *
Sec. 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] Great Lakes
St. 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] 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.
* * * * * * *
----------
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
* * * * * * *
CHAPTER 1--ORGANIZATION
Sec.
101. Purpose.
* * * * * * *
[110. Saint Lawrence Seaway Development Corporation.]
110. Great Lakes St. Lawrence Seaway Development Corporation.
* * * * * * *
Sec. 110. [Saint Lawrence Seaway Development Corporation] Great Lakes
St. Lawrence Seaway Development Corporation
(a) The [Saint Lawrence Seaway Development Corporation] Great
Lakes St. Lawrence Seaway Development Corporation established
under section 1 of the Act of May 13, 1954 (33 U.S.C. 981), is
subject to the direction and supervision of the Secretary of
Transportation.
(b) The Administrator of the Corporation appointed under
section 2 of the Act of May 13, 1954 (33 U.S.C. 982), reports
directly to the Secretary.
* * * * * * *
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
* * * * * * *
CHAPTER 63--BUREAU OF TRANSPORTATION STATISTICS
* * * * * * *
Sec. 6314. Port performance freight statistics program
(a) In General.--The Director shall establish, on behalf of
the Secretary, a port performance statistics program to provide
nationally consistent measures of performance of, at a
minimum--
(1) the Nation's top 25 ports by tonnage;
(2) the Nation's top 25 ports by 20-foot equivalent
unit; and
(3) the Nation's top 25 ports by dry bulk.
(b) Reports.--
(1) Port capacity and throughput.--Not later than
January 15 of each year, the Director shall submit an
annual report to Congress that includes statistics on
capacity and throughput at the ports described in
subsection (a).
(2) Port performance measures.--The Director shall
collect port performance measures for each of the
United States ports referred to in subsection (a)
that--
(A) receives Federal assistance; or
(B) is subject to Federal regulation to
submit necessary information to the Bureau that
includes statistics on capacity and throughput
as applicable to the specific configuration of
the port.
(c) Recommendations.--
(1) In general.--The Director shall obtain
recommendations for--
(A) port performance measures, including
specifications and data measurements to be used
in the program established under subsection
(a); and
(B) a process for the Department to collect
timely and consistent data, including
identifying safeguards to protect proprietary
information described in subsection (b)(2).
(2) Working group.--Not later than 60 days after the
date of the enactment of the Transportation for
Tomorrow Act of 2015, the Director shall commission a
working group composed of--
(A) operating administrations of the
Department;
(B) the Coast Guard;
(C) the Federal Maritime Commission;
(D) U.S. Customs and Border Protection;
(E) the Marine Transportation System National
Advisory Council;
(F) the Army Corps of Engineers;
(G) the [Saint Lawrence Seaway Development
Corporation] Great Lakes St. Lawrence Seaway
Development Corporation;
(H) the Bureau of Labor Statistics;
(I) the Maritime Advisory Committee for
Occupational Safety and Health;
(J) the Advisory Committee on Supply Chain
Competitiveness;
(K) 1 representative from the rail industry;
(L) 1 representative from the trucking
industry;
(M) 1 representative from the maritime
shipping industry;
(N) 1 representative from a labor
organization for each industry described in
subparagraphs (K) through (M);
(O) 1 representative from the International
Longshoremen's Association;
(P) 1 representative from the International
Longshore and Warehouse Union;
(Q) 1 representative from a port authority;
(R) 1 representative from a terminal
operator;
(S) representatives of the National Freight
Advisory Committee of the Department; and
(T) representatives of the Transportation
Research Board of the National Academies of
Sciences, Engineering, and Medicine.
(3) Recommendations.--Not later than 1 year after the
date of the enactment of the Transportation for
Tomorrow Act of 2015, the working group commissioned
under paragraph (2) shall submit its recommendations to
the Director.
(d) Access to Data.--The Director shall ensure that--
(1) the statistics compiled under this section--
(A) are readily accessible to the public; and
(B) are consistent with applicable security
constraints and confidentiality interests; and
(2) the data acquired, regardless of source, shall be
protected in accordance with section 3572 of title 44.
* * * * * * *
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