[Senate Report 108-202]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 402

108th Congress                                                   Report
 1st Session                     SENATE                         108-202
_______________________________________________________________________

                COAST GUARD REAUTHORIZATION ACT OF 2003

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 733




               November 19, 2003.--Ordered to be printed




       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred eighth congress
                             first session

                     JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi              JOHN D. ROCKEFELLER IV, West 
KAY BAILEY HUTCHISON, Texas              Virginia
OLYMPIA J. SNOWE, Maine              JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas                JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon                 BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois        RON WYDEN, Oregon
JOHN ENSIGN, Nevada                  BARBARA BOXER, California
GEORGE ALLEN, Virginia               BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire        MARIA CANTWELL, Washington
                                     FRANK LAUTENBERG, New Jersey
           Jeanne Bumpus, Staff Director and General Counsel
                   Ann Begeman, Deputy Staff Director
                  Robert W. Chamberlin, Chief Counsel
      Kevin D. Kayes, Democratic Staff Director and Chief Counsel
                Gregg Elias, Democratic General Counsel

                                  (ii)






                                                       Calendar No. 402
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-202
======================================================================
 
                COAST GUARD REAUTHORIZATION ACT OF 2003

                                _______
                                

               November 19, 2003.--Ordered to be printed

                                _______
                                

       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 733]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 733) to authorize 
appropriations for fiscal year 2004 for the United States Coast 
Guard, and for other purposes, having considered the same, 
reports favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of S. 733, the Coast Guard Authorization Act of 
2003, as amended, is to authorize appropriations for Fiscal 
Year (FY) 2004 and FY 2005 for the United States Coast Guard 
covering six accounts:
          (1) operation and maintenance expenses;
          (2) acquisition, construction, and improvement of 
        facilities and equipment (AC&I);
          (3) research, development, testing, and evaluation 
        (RDT&E);
          (4) retired pay;
          (5) environmental compliance and restoration; and
          (6) alteration or removal of bridges.
  The bill also would authorize end-of-year military strength 
and training loads and make other changes to existing law to 
address issues related to the Coast Guard.

                          Background and Needs

  The Coast Guard was established on January 28, 1915, as part 
of the Department of the Treasury, through the consolidation of 
the Revenue Cutter Service (established in 1790) and the 
Lifesaving Service (established in 1848). The Coast Guard later 
assumed the duties of three other agencies: the Lighthouse 
Service (established in 1789), the Steamboat Inspection Service 
(established in 1838), and the Bureau of Navigation 
(established in 1884).
  The Coast Guard remained a part of the Department of the 
Treasury until 1967, when it was transferred to the newly 
created Department of Transportation. Under the Homeland 
Security Act of 2002 (P.L. 107-296), the Coast Guard was 
transferred to the new Department of Homeland Security on March 
1, 2003, whereby under the law, it is to be maintained as a 
distinct entity within that Department. The Coast Guard 
provides many critical services for our nation grouped into 
five fundamental roles: maritime security; maritime safety; 
maritime mobility; protection of natural resources; and 
national defense.
  The Coast Guard, the Federal government's principal maritime 
law-enforcement agency, is a branch of the armed forces. As the 
fifth armed force of the United States, the Coast Guard 
maintains defense readiness to operate as a specialized service 
in the Navy upon the declaration of war or when the President 
directs. The Coast Guard has defended the Nation in every war 
since 1790. During the recent combat operations in Iraq, the 
Coast Guard deployed two 378-foot high endurance cutters, one 
225-foot ocean going buoy tender, eight 110-foot Island Class 
patrol boats, and four port security units to the Middle East. 
This was the first deployment of Coast Guard cutters in support 
of a wartime contingency since the Vietnam War.
  Under title 14, United States Code, the Coast Guard has 
primary responsibility for enforcing or assisting in the 
enforcement of all applicable Federal laws on, under, and over 
the high seas and waters subject to the jurisdiction of the 
U.S.; to ensure safety of life and property at sea; to protect 
the marine environment; to carry out domestic and international 
icebreaking activities; and to ensure the safety and security 
of vessels, ports, waterways, and related facilities. In 
carrying out these responsibilities, the Coast Guard activities 
include maritime security, commercial and recreational vessel 
safety inspection, the rescue of life and property at sea, 
fisheries law enforcement, marine environmental protection, and 
the interdiction of drug traffickers and illegal alien 
migrants.
  The Coast Guard is composed of approximately 38,000 active 
duty military personnel, 9,000 reservists, 6,400 civilian 
employees, and 32,000 volunteers of the Coast Guard Auxiliary. 
In 2002, the Coast Guard responded to over 37,000 calls for 
assistance, assisted $1.5 billion in property, and saved 3,653 
lives. In 2002, the Coast Guard seized 117,780 pounds of 
cocaine and 40,316 pounds of marijuana. It also stopped 4,140 
illegal migrants from reaching our shores. The Coast Guard 
conducted more than 36,000 port security patrols, boarded over 
10,000 vessels, escorted over 6,000 vessels, and maintained 
more than 115 security zones. It also conducted patrols to 
protect our fisheries stocks and responded to over 11,000 
pollution incidents.
Transfer to the Department of Homeland Security
  The Homeland Security Act of 2002 (P.L. 107-296) was signed 
into law on November 25, 2002, establishing the Department of 
Homeland Security (DHS) and transferring the Coast Guard from 
the Department of Transportation to the new department. This 
historic law positions the Coast Guard as a cornerstone of the 
new Department, but also recognizes that the Coast Guard is 
responsible for many other missions which the American people 
depend on it to accomplish.
  Section 888 of the Homeland Security Act ensures that the 
Coast Guard's non-homeland security missions will not be 
compromised or decreased in any substantial way by the transfer 
of the Coast Guard to the DHS. Section 888 maintains the Coast 
Guard as a distinct agency under the Secretary of Homeland 
Security and mandates that the Coast Guard Commandant will 
directly report to the Secretary, rather than to or through a 
Deputy Secretary. It ensures that the Coast Guard will continue 
in its role as one of the five armed services. The Coast Guard 
plays a unique role in our government, in which it serves as 
both an armed service as well as a law enforcement agency. The 
Senate Committee on Commerce, Science, and Transportation (the 
Committee) believes strongly that the Coast Guard's important 
role must not be changed or altered.
  Section 888 also specifically prevents the Secretary of 
Homeland Security from making substantial or significant 
changes to the Coast Guard's non-homeland security missions or 
its capabilities to carry out these missions. It also prohibits 
the Secretary from transferring any Coast Guard personnel or 
assets to another agency except for personnel details and 
assignments that do not reduce its capability to perform its 
non-homeland security missions. Section 888 also requires the 
new Department's Inspector General to annually audit the Coast 
Guard's performance of its non-homeland security missions and 
report its findings to the Congress.
Mission Balance
  In November 2002, the General Accounting Office (GAO) 
released its report, ``Coast Guard: Strategy Needed for Setting 
and Monitoring Levels of Effort for All Missions'', which was 
requested by the Chair and Ranking Member of the Subcommittee 
on Oceans, Fisheries, and Coast Guard. In this report, the GAO 
found a dramatic shift in the levels of effort for the Coast 
Guard's various missions immediately after the September 11, 
2001, terrorist attacks. As expected, the Coast Guard's levels 
of effort related to homeland security were at much higher 
levels than before September 11th. Other missions, such as 
search and rescue, after initially decreasing, returned to 
their historical levels. In contrast, several other missions, 
most notably fisheries enforcement and drug interdiction, 
dropped sharply after September 11th and continued to be 
conducted with fewer resource hours than historical levels.
  The GAO updated this report in its testimony during the 
subcommittee's March 27, 2003, hearing on the Coast Guard FY 
2004 budget request. In its testimony, entitled ``Coast Guard: 
Comprehensive Blueprint Needed to Balance and Monitor Resource 
Use and Measure Performance for All Missions'', the GAO found 
the search and rescue and aids to navigation missions were 
being conducted at their pre-September 11th levels. By 
contrast, fisheries enforcement and drug interdiction 
operations continued to be conducted substantially below their 
historical levels. The GAO found that compared with the first 
quarter of 1998, the resource hours for drug interdiction and 
fisheries enforcement for the first quarter of FY 2003 
represented declines of 60 and 38 percent respectively. While 
some of these declines can be attributed to the increased 
terrorist alerts over the past year, they demonstrate that 
these two missions are conducted less frequently as a result of 
the Coast Guard's increased homeland security role.
  The GAO has testified that the Coast Guard's continued 
homeland security and military demands will make it unlikely 
that, in the short run, it will be able to increase its efforts 
in the missions that have declined. The Committee has requested 
the GAO continue to monitor the Coast Guard's mission 
performance and awaits the Coast Guard's strategic plan 
required by Section 348 of the Maritime Transportation Security 
Act of 2002.
Integrated Deepwater System
  The Committee is concerned that the Coast Guard is an agency 
conducting 21st century operations with 20th century 
technology. To accomplish its many vital missions, the Coast 
Guard needs to recapitalize its offshore fleet of cutters and 
aircraft. The Coast Guard operates the third oldest of the 
world's 41 comparable naval fleets with several cutters dating 
back to World War II. These platforms are technologically 
obsolete, require excessive maintenance, lack essential speed, 
and have poor interoperability, which in turn, limit their 
overall mission effectiveness and efficiency. Compounding the 
problem is the fact that they are reaching the end of their 
serviceable life just as the Coast Guard needs them the most.
  The Committee is concerned by the Coast Guard's funding 
shortfalls in its deepwater procurement in its first two years. 
Furthermore, some Committee members are particularily concerned 
with the project's lengthy timeline. This project was conceived 
as an approximately 20-year, $10 billion acquisition program to 
recapitalize its fleet of offshore cutters and aircraft. While 
this program was developed prior to September 11, 2001, it is 
needed now more than ever to enable the Coast Guard to carry 
out all of its many important missions.
  The September 11, 2001, attacks decidedly changed the Coast 
Guard's priorities and clearly increased its scope of 
activities. Understandably, homeland security has taken a 
higher priority, but this has come at the expense of many of 
the Coast Guard's other missions. The Coast Guard's significant 
budget increases in recent years stand in stark contrast to the 
Deepwater program's current funding shortfalls. The original 
Deepwater plan was predicated on a solid annual stream of $500 
million in FY 1998 dollars for the life of the plan. 
Consequently, the project must receive funding increases each 
year commensurate with the rate of inflation to remain on 
target.
  The Consolidated Appropriations Resolution of 2003 (P.L. 108-
7) provided $478 million for the Deepwater program, which was 
less than the $500 million requested by the Administration and 
the $540 million called for in the Deepwater plan, adjusted for 
inflation. The Administration's FY 2004 budget request again 
proposed $500 million for the Deepwater program, but not the 
almost $550 million needed to account for inflation. If this 
funding disparity continues, the Deepwater project time line 
would likely be extended beyond 20 years to 30 or more years.
  Including project management costs, the GAO estimated during 
its testimony before the Subcommittee on Oceans, Fisheries, and 
Coast Guard on March, 27, 2003, that if the Administration's FY 
2004 request were enacted, the cumulative shortfall will be 
$202 million. The Committee believes these funding shortfalls 
will likely prevent the Coast Guard from effectively 
accomplishing all of its missions and it will take longer and 
cost more in the long run to fully implement the Deepwater 
program.
  The GAO testified that the Deepwater program's growing 
funding shortfalls ``could jeopardize the Coast Guard's future 
ability to effectively and efficiently carry out its missions, 
and its law enforcement activities--that is, drug and migrant 
interdiction and fisheries enforcement--would likely be 
affected the most, since they involve extensive use of 
Deepwater cutters and aircraft.''
  The Committee is strongly concerned that these funding 
shortfalls will prevent the Coast Guard from restoring 
operation in support of all its mission to their pre-September 
11, 2001, levels. It strongly believes the Coast Guard should 
be provided with the tools it needs to carry out its homeland 
security responsibilities as well as its many other important 
traditional missions. Accordingly, this bill, as reported, 
would authorize $702 million for the Deepwater project for FY 
2004--$202 million more than the President's request.
  The first contract implementing the Deepwater project was 
awarded on June 25, 2002. This contract is for a five year 
term, and can be extended for five additional five-year terms. 
In the fourth year of the contract, the Coast Guard will make 
an award term decision, based on the performance of the 
contractor, as to whether to extend the contract.
  The Deepwater project is the single largest procurement 
program that the Coast Guard has managed to date. A GAO 
analysis of the Deepwater project published in May 2001 
entitled, ``Coast Guard: Progress Being Made on Deepwater 
Project, but Risks Remain'', highlighted risks with the 
project, including concerns with the Coast Guard's ability to 
control costs by ensuring competition among subcontractors, and 
the Coast Guard's ability to effectively manage and oversee the 
acquisition phase of the project. The GAO is continuing to 
examine how well the Coast Guard has implemented measures to 
ensure the success of the project. S.733 also would require a 
report from the Coast Guard which would include an analysis of 
the prime contractor's performance in meeting the two key goals 
of providing operational effectiveness and minimizing total 
ownership costs.
  Section 888(i) of the Homeland Security Act of 2003 required 
the Secretary of Homeland Security to submit a report to 
Congress within 90 days of enactment analyzing the feasibility 
of accelerating the rate of procurement in the Coast Guard's 
Integrated Deepwater System from 20 years to 10 years. In March 
2003, the Coast Guard released the required report, entitled 
``Report to Congress on the Feasibility of Accelerating the 
Integrated Deepwater System.'' This report found that the 10-
year acceleration time-line would be feasible, would save an 
additional $4 billion (29 percent) in acquisition costs as 
compared to the 20-year plan, would provide significantly 
increased operational capability sooner, and would provide 
approximately 943,000 additional (and more capable) mission 
hours over the current 20-year plan. The report states that 
these additional capabilities and efficiencies would enable the 
Coast Guard to better conduct its maritime homeland security 
responsibilities as well as its many other traditional 
missions. According to the report, to accelerate the Deepwater 
program, the Coast Guard would need an estimated $4 billion in 
acquisition funding sooner, but this would be offset by the 
overall $4 billion savings which would be realized by 
compressing the timeline. To date there has been no independent 
review of this report.
Rescue 21
  Rescue 21 is the Coast Guard's project to modernize its 
National Distress and Response System (NDRS) which is a 
significant component of Coast Guard's search and rescue 
program, and serves as its primary short-range communications 
network. This project was formerly known as the National 
Distress and Response System Modernization Project (NDRSMP), 
but was renamed Rescue 21 in 2002 after the primary contractor 
was selected. Congress has directed the Coast Guard to complete 
this project by the end of FY 2006. The reported bill would 
authorize $134 million for FY 2004 for Rescue 21 as requested 
by the Administration.
  The existing NDRS was established in the 1970s and is 
antiquated, expensive to maintain, difficult to upgrade, and no 
longer supports the Coast Guard's needs. System deficiencies 
include communication coverage gaps and limited direction 
finding capabilities, which complicate the Coast Guard's 
ability to effectively and efficiently perform search and 
rescue missions and identify hoax calls. There are currently at 
least 88 major communication coverage gaps where Coast Guard 
cannot hear calls from mariners in distress. Totaling about 
21,500 square nautical miles, these communication coverage gaps 
represent 14 percent of the total NDRS coverage area and range 
in size from 6 to more than 1,600 square nautical miles.
Administration's Proposed Bill
  In its FY 2004 budget proposal, the Administration requested 
approximately $6.655 billion in funding for the Coast Guard. In 
addition, the Administration requested an FY 2004 end-of-year 
strength of 45,500 for its active duty military personnel. On 
March 27, 2003, the Subcommittee on Oceans, Fisheries, and 
Coast Guard held a hearing on the Coast Guard's FY 2004 budget 
request and heard testimony from Admiral Thomas Collins, 
Commandant of the Coast Guard, and Mrs. JayEtta Hecker, 
Director of the GAO Physical Infrastructure Team. The Coast 
Guard budget accounts that would be authorized in S. 733 are 
included in the summary of the Administration's proposal below.
   Operating Expenses (OE).
          The Coast Guard consumes over two-thirds of its total 
        budget conducting operations in support of its primary 
        mission areas: protecting public safety and the marine 
        environment; safeguarding our ports, waterways, and 
        coastal areas; enforcing laws and treaties, including 
        preventing illegal drug trafficking, interdicting 
        illegal aliens, and enforcing fisheries laws; 
        maintaining aids to navigation; and preserving defense 
        readiness. For FY 2004, the Administration requested 
        $4.707 billion, an increase of approximately $185 
        million above the FY 2003 appropriated level (including 
        the supplemental bills). Therequest assumes that $25 
million would be transferred from the Oil Spill Liability Trust Fund to 
the operating expenses account. S. 733, as reported, would authorize 
$4.913 billion for this account.
   Acquisition, Construction, and Improvements (AC&I).
          AC&I funds are used to pay for major capital 
        improvements, including vessel and aircraft acquisition 
        and rehabilitation, information management, and 
        construction programs at selected facilities. Major 
        AC&I projects include replacement of seagoing buoy 
        tenders and coastal patrol boats; recapitalizing the 
        NDRS; aircraft sensor, avionics, and engine upgrades; 
        the Integrated Deepwater System project; and various 
        communications and computer software systems. For FY 
        2004, the Administration requested $775 million; of 
        that amount $500 million would fund the Integrated 
        Deepwater System and $134 million would fund Rescue 21. 
        The AC&I request assumes that $20 million would be 
        transferred from the Oil Spill Liability Trust Fund to 
        the AC&I account. S. 733, as reported, would authorize 
        $1.017 billion for this account.
   Research, Development, Test, and Evaluation (RDT&E).
          Funds from this account are used to develop hardware, 
        procedures, and systems that directly contribute to 
        increasing the productivity of Coast Guard operating 
        and regulatory programs. The Administration requested 
        $22 million for this account for FY 2004. The request 
        assumes that $3.5 million would be transferred from the 
        Oil Spill Liability Trust Fund to this account. S. 733, 
        as reported, would authorize $22 million for this 
        account.
   Retired Pay.
          Funds from this account are used for retired pay, 
        annuities, and medical care for retired Coast Guard 
        military personnel and former Lighthouse Service 
        members, their dependents, and their survivors under 
        chapter 55 of title 10, United States Code. The 
        Administration requested $1.02 billion for this account 
        for FY 2004. S. 733, as reported, would authorize $1.02 
        billion for this account.
   Alteration of Bridges.
          Under the Truman-Hobbs Act, the Federal government 
        shares with the States the cost of altering publicly-
        owned highway and railroad bridges that obstruct the 
        free movement of marine traffic. The Administration did 
        not request any funding for FY 2004 to carry out 
        Truman-Hobbs Act projects. S. 733, as reported, would 
        authorize $18.5 million for this account.
   Environmental Compliance and Restoration.
          This account provides resources to bring current and 
        former Coast Guard facilities into compliance with 
        national environmental standards. The Administration 
        requested $17 million for FY 2004, a slight increase 
        above the FY 2003 appropriated level of $16.89 million. 
        S. 733, as reported, would authorize $17 million for 
        this account.

  The Administration's proposed bill would authorize the Coast 
Guard's active duty military personnel end-of-year strength as 
well as its average military training student loads. S. 733, as 
reported, would authorize the Coast Guard's levels of military 
strength and training for FY 2004, as requested, with the 
exception of professional training.
  Finally, the Administration's proposed authorization bill 
suggests various changes to existing law to address issues and 
problems identified by the Coast Guard. These proposals include 
provisions to seek efficiencies in Coast Guard operations and 
parity with Department of Defense (DOD) personnel laws and 
regulations. S. 733, as reported, would address some of these 
issues.

                         Summary of Provisions

  The Maritime Transportation Security Act of 2002 (P.L. 107-
295) authorized appropriations and levels of military strength 
and training for the Coast Guard for FY 2003. S. 733 would 
authorize appropriations and levels of military strength and 
training for the Coast Guard for FYs 2004 and 2005 and make 
other changes to existing law to address issues related to the 
Coast Guard.

Title I--Authorization

  S. 733, as reported, would authorize appropriations for the 
Coast Guard accounts covered in the bill totaling $7.032 
billion for FY 2004 and such sums as may be necessary for FY 
2005. Appropriations for FY 2004 would be authorized at the 
levels equal to or greater than the Administration's request.
  For operating expenses, $4,913,000,000 would be authorized. 
Of this amount, $70,000,000 would be authorized for the 
analysis of port security plans, required pursuant to the 
Maritime Transportation Security Act of 2002; $100,000,000 
would be authorized to address the Coast Guard's increased 
operating expenses due to homeland security alerts; and 
$36,000,000 would be authorized for commissioning three 
additional Marine Safety and Security Teams.
  Within the AC&I account, the Committee is supportive of the 
Coast Guard's need to upgrade its Deepwater assets. As 
discussed previously, this multi-year effort to recapitalize 
the service's offshore surface fleet, aviation assets, and 
command and control system is critical to the long-term 
viability of Coast Guard operations in offshore waters. With an 
aging fleet of cutters and aircraft, maintenance and personnel 
costs will rise dramatically unless the fleets are replaced. 
Further, the multi-mission nature of the Coast Guard requires a 
modern and flexible fleet that will continue operating as a 
unique element in national security efforts. The reported bill 
would authorize $702 million for this program for FY 2004.
  The Committee is also very supportive of the need to 
modernize the NDRS through the Coast Guard's Rescue 21 
procurement project. This system is crucial for the Coast Guard 
to improve its capabilities to respond to and aid mariners in 
distress. The reported bill would authorize $134 million for FY 
2004.
  The reported bill also would authorize $40 million for FY 
2004 for the Automatic Information System (AIS) mandated by the 
Maritime Transportation Security Act of 2002.
  The reported bill would authorize an end-of-year active duty 
military strength level of 45,500 for FY 2004 as requested by 
the Administration. Additionally, as the Coast Guard continues 
to expand to meet its homeland security missions while 
continuing to perform its traditional missions, it needs to 
increase its authorized personnel training levels. As such, the 
Annual Training Student Levels would be authorized as requested 
by the Administration.

Title II--Coast Guard Personnel, Financial, and Property Management

  The reported bill would authorize several measures to improve 
the Coast Guard's ability to recruit, reward, and retain high-
quality personnel; ensure parity with similar DOD provisions; 
and make several technical changes to the statutes pertaining 
to the Coast Guard Auxiliary.
  The reported bill contains a provision which would allow the 
Coast Guard to offer an incentive bonus to encourage already 
enlisted members to enter certain critical skill specialties. 
This authority would assist the Coast Guard in filling its 
shortages of enlisted members on active duty in certain 
critical skill ratings, such as Electricians Mate, Electronics 
Technician, Food Service Specialist, Machinery Technician, 
Operations Specialist, and Storekeeper.
  This bill would provide parity with the DOD in several ways. 
It would permit an increase in the percentage of Coast Guard 
Commanders and Lieutenant Commanders to an average percentage 
level comparable to those authorized for the other armed 
services; provide a comparable expansion of Coast Guard Housing 
Authorities; change the mandatory retirement age for Coast 
Guard reserve officers from 62 to 60; authorize terms of 
enlistment for other than full years; permit Coast Guard and 
other Federal agencies to purchase goods and services from the 
Coast Guard Exchange System and utilize other Morale, Welfare, 
and Recreation (MWR) activities; authorize the Coast Guard to 
disburse travel reimbursement directly to the issuer of a 
contractor-issued travel charge card; and provide children of 
Coast Guard members the same access as children of DOD members 
to DOD child care facilities.
  Under current law, it is unclear whether unincorporated 
elements of the Coast Guard Auxiliary may own property. The 
reported bill would amend section 821 of title 14 to clarify 
that Auxiliary elements and units may own personal property in 
order to carry out the purpose of the Auxiliary as set forth in 
section 822 of title 14.
  When the Auxiliary statutes were overhauled in 1996, 
organization elements of the Auxiliary were statutorily deemed 
``instrumentalities of the U.S.'' for tort liability purposes 
only, if unincorporated. The statutes are silent as to the 
status of the Auxiliary itself, and its various organizational 
elements with regard to Federal and State income, property, 
sales, or other taxation. Organizational elements of the 
Auxiliary (districts, regions, divisions, flotillas, etc.) are 
increasingly receiving donations of property - vessels, 
trailers, fax machines, real property, etc. In some cases, the 
elements are incorporated. In others, they are unincorporated. 
The Coast Guard is concerned about the liability of individual 
members (whether or not a given unit is incorporated) that 
could arise if Auxiliary unit-owned personal property were to 
cause personal injury or property damage while being available 
for Auxiliary use, but not actually in use. An example would be 
a stored vessel owned by a flotilla that catches fire and 
damages other vessels located nearby. This section would 
provide that real and personal property owned by a unit of the 
Auxiliary shall be considered Federal property for liability 
purposes at all times unless the property is being used outside 
the scope of the Auxiliary mission under section 822 of title 
14.
  Section 205 would amend section 821 of title 14 to clarify 
the tax exempt status of the Coast Guard Auxiliary elements and 
units with respect to Federal and State income, property, 
sales, and other taxation. It provides that organizational 
elements and units of the Auxiliary ``shall be deemed to be 
instrumentalities and political subdivisions of the United 
States for taxation purposes and for those exemptions as 
provided under section 107 of title 4, United States Code.'' 
Such a provision allows donations to the Auxiliary to be 
deductible, and provides a basis for exempting Auxiliary units 
from having to pay State property taxes on the real and 
personal property they own, and levy and remit State sales tax 
for any goods and services that they may sell. This is 
consistent with an Internal Revenue Service (IRS) determination 
that the ``Coast Guard Auxiliary'' is tax-exempt.

Title III--Law Enforcement, Marine Safety, and Environmental Protection

  The reported bill would include technical corrections to the 
Coast Guard's suspension and revocation and law enforcement 
authorities, align the release of merchant mariners documents 
with the Privacy Act and the Freedom of Information Act (FOIA), 
exempt unmanned barges on foreign voyages from the requirement 
to be under the control of a U.S. citizen crewmember, and 
authorize the Coast Guard to enter into partnerships and 
cooperative ventures with non-Federal entities in carrying out 
its Ports and Waterways Safety Act vessel operating 
requirements. Additional provisions would authorize the 
Secretary to prohibit the use on vessels of certain electric 
and electronic devices that interfere with communications or 
navigation equipment, increase the civil penalties for failure 
to comply with recreational vessel and associated equipment 
safety standards, and increase the penalties for violations of 
bridge statutes. It also would include a number of provisions 
with respect to implementation of the Oil Pollution Act of 
1990, including a provision that would provide loans to 
fisherman impacted by oil spills. It also would require the 
Coast Guard and NOAA to work more closely together in enforcing 
fisheries laws.
  Section 312 of the reported bill would eliminate the 
requirement to fire a warning shot prior to using disabling 
fire when use of a warning shot is not practical. Under 14 
U.S.C. 89, the Coast Guard is authorized to board, examine, and 
search vessels to detect violations of U.S. law. It may use 
``all necessary force to compel compliance'', including the use 
of disabling fire to stop a vessel that refuses to comply with 
a lawful order to stop. 14 U.S.C. 637 indemnifies government 
personnel operating from Coast Guard vessels or aircraft, and 
Naval vessels to which Coast Guard members are assigned from 
damages resulting from the use of disabling fire. However, the 
indemnity applies only if a warning shot is given prior to the 
use of disabling fire. In some instances, it may be dangerous 
or impracticable to fire warning shots. Warning shots are 
generally fired near, but not at, a non-compliant vessel, which 
may pose a risk to others if used in congested waters or near 
shore. Disabling fire is specifically targeted at a particular 
vessel so it presents minimal risks to others. This section 
also would renew the application of this provision to other 
military aircraft to which one or more Coast Guard members are 
assigned.
  The reported bill would remove the Inland Navigation Rules 
from 33 U.S.C. 2001 and codify them in title 33 of the Code of 
Federal Regulations. This change would streamline the process 
for allowing changes to the Inland Navigation Rules, and allow 
them to enter into force on the same day as changes to the 
International Rules for Preventing Collisions at Sea.
  Section 317 of the reported bill would add a definition for 
non-tank vessels and amend section 4202(a)(6) of the Oil 
Pollution Act of 1990 (33 U.S.C. 1321(j)) to allow the Coast 
Guard to issue regulations requiring non-tank vessels of 400 
gross tons and greater that carry oil as fuel for main 
propulsion to prepare vessel response plans that are the same 
as the vessel response plans currently required under the Oil 
Pollution Act of 1990 (OPA 90) for tank vessels that carry oil 
in bulk as cargo. Coast Guard data indicate that since 
enactment of OPA 90, some of the reduction in the quantity and 
impact of oil spilled can be directly attributed to increased 
preparedness fostered by the Vessel Response Plan regulations. 
Spill data also indicate that the volume of oil spilled from 
non-tank vessels was higher in 1997 and 1998 than the volume 
spilled from tank vessels in each of those years.
  Section 319 would require the Coast Guard to provide a report 
to Congress concerning a number of recent issues pertaining OPA 
90. In particular, the Committee is concerned that the Oil 
Spill Liability Trust Fund has, for the first time in history, 
declined below $1 billion, and is predicted to continue to 
decline. The report is expected to analyze this situation, and 
also will examine the impacts of accelerating the phase out of 
single hull tank vessels from 2015 to 2010.
  The Committee is also concerned that fishermen and 
aquaculture producers who are impacted by oil spills often have 
to wait long periods of time for financial assistance under the 
claim procedures of OPA 90. Section 320 would authorize interim 
assistance to impacted fishermen and aquaculture producers 
through loans from the Oil Spill Liability Trust Fund.
  As the GAO testimony indicates, the level of effort for 
fisheries enforcement continues to be lower than their pre-
September 11, 2001, levels. This continues to be an issue of 
concern to the Committee. Other entities, including the 
National Oceanic and Atmospheric Administration (NOAA) and 
State and local officials, also have a role in fisheries 
enforcement. Section 321 would require the Coast Guard and NOAA 
to improve their consultations with each other and with State 
and local authorities in coordinating the enforcement of 
fisheries laws.
  Section 322 would require the Coast Guard to provide a report 
on the performance of the prime contractor under the first 
five-year term of the contract for the Integrated Deepwater 
Program. Given that the Deepwater project is the Coast Guard's 
single largest procurement program to date, the Coast Guard is 
facing numerous challenges in effectively managing a program of 
this size.
  Section 323 would require the Secretary of Homeland Security 
to report to Congress regarding the enforcement efforts and the 
overall degree of compliance regarding the 1996 amendments to 
the Small Passenger Vessel Regulations (title 46, Code 22 of 
Federal Regulations, part 185) that established these safety 
requirements. Some Committee members are concerned about the 
tragic capsizing of the charter boat, TAKI-TOOO, off the Oregon 
coast on June 14, 2003, in which nine people are known to have 
died and two more are missing. The TAKI-TOOO was a commercial 
small passenger vessel, subject to Coast Guard inspection, and 
was required to have a licensed master. The Coast Guard 
currently has regulations requiring masters of commercial small 
passenger vessels to have their passengers don their life 
jackets in potentially hazardous conditions. These regulations 
specifically include transiting hazardous bars or inlets.

Title IV--Miscellaneous

  The reported bill would provide several provisions related to 
lighthouse and decommissioned cutter conveyances, the LORAN-C 
radio navigation system, and other miscellaneous provisions.
  The reported bill would require the Secretary of the Interior 
to monitor any already executed or proposed lighthouse 
conveyance and take any steps necessary to protect the U.S.'s 
reversionary interest. Over the years, the Federal government 
has transferred numerous lighthouses to non-profit groups 
across the country and the Committee believes the government 
needs to ensure that these groups continue to be responsible 
stewards of these historic landmarks. Unfortunately, the 
Committee has learned of lighthouses which have been allowed to 
deteriorate and others that have been offered for sale as 
private residences. This provision will ensure that these 
national treasures are protected and will allow the Secretary 
of Interior to monitor future lighthouse conveyances and ensure 
that they meet all of the conditions of the original transfers.
  The reported bill would authorize the Secretary of 
Transportation to transfer $25 million in FY 2004 from the 
Federal Aviation Administration to the Coast Guard. This 
funding is intended to recapitalize the aging LORAN-C radio 
navigation system. The LORAN-C system remains the primary 
navigation tool for many vessels and general aviation aircraft, 
and a viable back-up system for some military aircraft. It is 
critical to maritime traffic and should be available for future 
use.
  The reported bill would designate a cove lying off the 
southern coast of Erlington Island in Alaska as ``Koss Cove'', 
in honor of the late Able Bodied Seaman Eric Steiner Koss. 
Seaman Koss served aboard the NOAA vessel Rainer, and died in 
the performance of a nautical charting mission in this cove.
  The Committee is aware of the Coast Guard's interest in 
considering composite material construction for Integrated 
Deepwater Systems Project vessels. The Committee encourages the 
Coast Guard to work with the Office of Naval Research (ONR) to 
maximize the benefits to the Deepwater program of ONR's 
research on composite material ship construction.

                          Legislative History

  S. 733 was introduced on March 27, 2003, by Senator Snowe and 
referred to the Senate Committee on Commerce, Science, and 
Transportation. On July 31, 2003, the bill was considered by 
the Committee in an open executive session. Senators Snowe, 
Kerry, Hollings, Breaux, and Smith offered an amendment in the 
nature of a substitute. The Committee, without objection, 
ordered S. 733 to be reported with the amendment.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 26, 2003.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 733, the Coast Guard 
Authorization Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

S. 733--Coast Guard Authorization Act of 2003

    Summary: S. 733 would authorize appropriations for U.S. 
Coast Guard (USCG) activities for fiscal years 2004 and 2005. 
CBO estimates that appropriation of the authorized amounts 
would cost $4.1 billion in fiscal year 2004 and $11.8 billion 
over the 2004-2008 period. (About $0.3 billion would be spent 
after 2008.) We estimate that enacting S. 733 also would 
increase outlays from previously appropriated funds for bridge 
alterations by $2 million for each of fiscal years 2004 and 
2005. This increase would be considered a change in direct 
spending. Finally, enacting the legislation could increase 
revenues from civil penalties, but CBO estimates that any 
increase be less than $500,000 a year.
    For fiscal year 2004, S. 733 would authorize the 
appropriation of about $6 billion for USCG operating expenses, 
capital projects, and research. Of this amount, $48.5 million 
would be derived from the Oil Spill Liability Trust Fund 
(OSLTF). The bill also would authorize the appropriation of $1 
billion for Coast Guard retirement benefits for that year. For 
fiscal year 2005, the bill would authorize the appropriation of 
whatever amounts are necessary for these purposes. Finally, S. 
733 would authorize the appropriation of $25 million to the 
Department of Transportation (DOT) in 2004 to reimburse the 
Coast Guard for operating the LORAN-C navigation system.
    S. 733 contains an intergovernmental mandate and several 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act (UMRA). CBO estimates that the cost of the 
intergovernmental mandate and the total costs of the private-
sector mandates would not exceed the annual thresholds 
established by UMRA ($59 million in 2003 for intergovernmental 
mandates, adjusted annually for inflation; and $117 million in 
2003 for private-sector mandates, adjusted annually for 
inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary effects of S. 733 are summarized in the following 
table. The costs of this legislation fall within budget 
functions 300 (natural resources and environment) and 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2003     2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
USCG spending under current law:
    Authorization level \1\...............................    5,702       29       29        0        0        0
    Estimated outlays.....................................    5,207    1,068      300       75       12        1
Proposed changes:
    Authorization level...................................        0    5,984    6,120        0        0        0
    Estimated outlays.....................................        0    4,149    5,293    1,480      586      289
USCG spending under S. 733:
    Authorization level \1\...............................    5,702    6,013    6,149        0        0        0
    Estimated outlays.....................................    5,207    5,217    5,593    1,555      598      290
                                          CHANGES IN DIRECT SPENDING \2\
 Estimated budget authority................................        0        0        0        0        0        0
Estimated outlays.........................................        0        2        2        0        0        0
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated for that year for USCG activities, reduced by across-the-board
  reductions and by a $17 million rescission in Capital Acquisition funds. The amount includes $400 million of
  Iraqi Freedom funds recently allocated to the Coast Guard from the Department of Defense and $25 million
  appropriated to DOT and transferred to the USCG for LORAN-C expenses. The existing authorization level of $29
  million in 2004 and in 2005 is the amount already authorized to be appropriated from the OSLTF for USCG
  operating expenses and research.
\2\ S. 733 also could affect revenues (from civil penalties), but CBO estimates that any such effects are likely
  to be insignificant.

    Basis of estimate: For this estimate, CBO assumes that S. 
733 will be enacted in the fall of 2003 and that the amounts 
authorized or estimated to be necessary will be appropriated 
for fiscal years 2004 and 2005, respectively. Estimated outlays 
are based on historical spending patterns for similar or 
existing programs.
    Amounts authorized by the bill for Coast Guard retirement 
are not included in the table because such pay is an 
entitlement under current law and is not subject to 
appropriation.

Spending subject to appropriation

    The authorization level for 2004 is the amount stated in 
the bill for USCG discretionary accounts, excluding $28.5 
million of the $48.5 million to be derived from the OSLTF. 
(This amount, which consists of $25 million for the agency's 
operations and $3.5 million for research, is not a change in 
the agency's authorization level because such funding is 
already authorized under existing law). For 2005, CBO estimated 
the necessary authorization level for the USCG based on the 
proposed 2004 funding level, adjusted for anticipated inflation 
and assuming the same amount of contributions from the OSLTF as 
assumed for 2004.
    Under the bill, the $25 million authorized to be 
appropriated to DOT for 2004 is included in this estimate as a 
proposed change to USCG discretionary spending. DOT would use 
most of this funding to reimburse the Coast Guard for the 
LORAN-C navigation services that the USCG provides to the 
Federal Aviation Administration and other transportation 
agencies. The Coast Guard operates the LORAN-C system using a 
combination of direct appropriations and reimbursements from 
funds appropriated to other agencies. (No funding for this 
purpose would be authorized by the bill for 2005.)
    Section 320 of the bill would direct the Coast Guard to 
make direct loans from the OSLTF to fishing and aquaculture 
businesses that have been harmed by oil spills but have not yet 
been compensated by the parties responsible for such spills. 
Based on historical experience involving oil spills that have 
affected such businesses and because of the small size and 
number of direct loans that are likely to be made, CBO 
estimates that implementing this section would cost less than 
$500,000 annually for direct loan subsidy costs under credit 
reform procedures.

Direct spending

    Section 203 would authorize the Coast Guard to use certain 
previously appropriated funds to finance alterations to bridges 
that obstruct navigation, as authorized under the Truman-Hobbs 
Act. This provision would authorize the agency to reprogram 
unspent funds remaining from completed bridge alteration 
projects. Based on information provided by the Coast Guard, CBO 
estimates that this new authority would increase outlays by $4 
million over the next two years. Because the agency could spend 
the previously appropriated funds(which CBO estimates would not 
have been spent otherwise) without further Congressional action, this 
would be considered an increase in direct spending.

Changes to Coast Guard housing authorities

    S. 733 would expand the Coast Guard's authority to finance 
the construction of military housing. CBO expects that enacting 
this section is unlikely to have a significant effect on the 
federal budget.
    Under current law, the Coast Guard is authorized to use 
loan guarantees, barter arrangements, long-term leases, limited 
partnerships, and similar means to finance housing projects. 
Current law authorizes the appropriation of $40 million to the 
Coast Guard for housing projects and mandates that the total 
value of all federal obligations entered into for such projects 
may not exceed $40 million. That authority expires at the end 
of fiscal year 2007. To date, the agency has not initiated any 
housing projects under this authority.
    The bill would amend current law to allow the USCG to 
provide direct loans to eligible parties for housing projects 
and to enable the agency to enter into housing partnerships 
with state or local governments. CBO does not expect that these 
changes would alter the timing or level of the costs of the 
USGS housing program. We expect that the authority to make 
direct loans probably would be no more or less useful to the 
Coast Guard than the financing tools it already has (but has 
not used) and is no more likely to be exercised. Further, the 
ability to directly negotiate partnerships with state and local 
governments is likely to be of use only in very limited 
situations involving leasing of state or local land. Because of 
the relatively small scale of Coast Guard housing projects, 
using the new authority provided under the bill to obtain state 
or local bond financing may not be possible or particularly 
beneficial. Financing of this type is likely to be useful only 
in localities where it may be possible to participate in larger 
Department of Defense (DoD) projects, but the Coast Guard's 
legal authority to cooperate with DoD in this or any other 
types of joint financing is uncertain and would not be 
clarified or otherwise affected by the enactment of S. 733.

Revenues

    S. 733 would set greater maximum civil penalties for 
violations of various statutes enforced by the Coast Guard. 
Such penalties are recorded in the budget as revenues. CBO 
estimates that imposing the higher penalties would increase 
federal revenues by less than $500,000 annually.
    Estimated impact on state, local, and tribal governments: 
Section 205 would expand the U.S. Coast Guard Auxiliary's 
status as an instrumentality of the United States to all of its 
activities, not just those in direct support of the Coast 
Guard. This designation would expand the Auxiliary's exemption 
from taxation to certain sales, purchases, and inventories. 
Such an extension expands an existing preemption and would 
therefore be an intergovernmental mandate as defined in UMRA. 
The direct costs of the mandate would be the revenue loss 
incurred by the few states (about five) that currently collect 
sales taxes from the Auxiliary. CBO estimates that those losses 
would be minimal and would not exceed the annual threshold 
established by UMRA ($59 million in 2003, adjusted annually for 
inflation).
    Estimated impact on the private sector: S. 733 would impose 
private-sector mandates as defined in UMRA. Based on 
information from government and industry sources, CBO estimates 
that the total cost of those mandates would fall below the 
annual threshold for private-sector mandates established by 
UMRA ($117 million in 2003, adjusted annually for inflation).
    Section 302 would authorize the Coast Guard to prohibit the 
use of electronic or other devices on the bridge of a vessel 
that interfere with communications and navigation equipment. 
Currently, the Coast Guard, under certain circumstances, can 
establish vessel operating conditions as it determines 
necessary for the control of the vessel and safety of the port 
or the marine environment. Section 302 would expand and clarify 
this authority. According to the Coast Guard, the authority 
would continue to be used under the same circumstances and only 
with certain electronic devices. CBO estimates that the 
incremental costs to the private sector of complying with the 
mandate would be minimal.
    Section 303 would require entities that charter documented 
vessels engaged in coastwise commercial trade and fishing to 
submit reports to the Coast Guard regarding the qualifications 
of their vessels to engage in such activities. According to the 
agency, those entities would be required to submit their 
operating documents to comply with the mandate. Because such 
entities already have their documentation available, the cost 
to submit the information would be minimal.
    Section 317 would impose a private-sector mandate on owners 
and operators of nontank vessels by requiring them to prepare 
and submit to the President a plan for responding to a worst-
case discharge, and to a substantial threat of such discharge, 
of oil or a hazardous substance. Nontank vessels are defined in 
the bill as self-propelled vessels of 400 gross tonsor greater, 
other than tank vessels, which carry oil of any kind as fuel for main 
propulsion and are vessels of the United States. Currently, the 
International Maritime Organization (IMO) requires all vessels engaged 
in international shipping and transportation to have shipboard oil 
pollution emergency plans. According to the Coast Guard, the proposed 
requirement under the bill would parallel the IMO-required plans. 
According to industry sources, developing an oil spill response plan 
costs, on average, $1,000. Currently, there are no data on the number 
of U.S. nontank vessels which would be required to develop the oil 
response plans. However, according to the Coast Guard, no more than 
40,000 of the nontank vessels exist worldwide. Thus, the incremental 
cost for owners and operators of U.S. nontank vessels to comply with 
the oil response plan requirement would fall well below the statutory 
threshold.
    Section 317 also would impose a private-sector mandate on 
owners and operators of tank vessels and facilities by 
requiring them to prepare and submit to the federal government 
a plan for responding to a worst-case discharge, and to a 
substantial threat of such discharge, of a noxious liquid 
substance. According to the Coast Guard, approximately 2,900 
tank vessels and facilities would be affected by the mandate. 
Tank vessels and facilities are currently required to comply 
with hazardous substance response planning under the Oil 
Pollution Act of 1990. The response plans for noxious liquid 
substances would be substantially similar to the response plans 
that are currently required for oil under that act. Thus, CBO 
estimates that the cost for the owners and operators to comply 
with the mandate would be small.
    Previous CBO estimate: On July 22, 2003, CBO submitted a 
cost estimate for H.R. 2443, the Coast Guard Authorization Act 
of 2003, as ordered reported by the House Committee on 
Transportation and Infrastructure on June 25, 2003. The two 
bills contain different authorization levels and authorization 
periods, different provisions affecting direct spending, and 
different intergovernmental and private-sector mandates.
    Estimate prepared by: Federal Costs: Deborah Reis. Impact 
on State, Local, and Tribal Governments: Gregory Waring. Impact 
on the Private Sector: Cecil McPherson.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 733 as reported would authorize appropriations to continue 
existing Coast Guard programs through FY 2005 and make a number 
of changes to current law. The bill should have little, if any, 
regulatory impact, but a few of the bill's sections could 
impact some individuals and businesses, and the effects of 
these sections are discussed in the paragraphs below.

                            ECONOMIC IMPACT

  S. 733 overall should have little economic impact, but the 
following sections could have a limited economic impact. 
Section 302 would authorize the Coast Guard to prohibit the use 
of electronic or other devices on the bridge of a vessel that 
interferes with communication and navigation equipment.
  Section 310 would increase the maximum civil administrative 
penalty for violations related to the wrongful manufacture, 
sale or labeling, and failure to notify of a recall regarding a 
recreational boat from $2,000 to a maximum of $5,000, and 
increases the maximum penalty for a related series of 
violations from $100,000 to $250,000.
  Section 315 would give the Secretary authority to prohibit 
departure of a foreign passenger vessel carrying U.S. 
passengers from a U.S. port if the vessel does not comply with 
Safety of Life at Sea (SOLAS) standards.
  Section 316 would require foreign flagged vessels on 
``voyages to nowhere'' to comply with the International Safety 
Management Code (ISM). It would amend section 3201 of title 46 
to require foreign flagged vessels departing and returning to 
the same U.S. port, or returning to another port under the 
jurisdiction of the U.S., to comply with the ISM when any part 
of the voyage occurs on the high seas.

                                PRIVACY

  The reported bill would have little, if any, impact on the 
personal privacy of U.S. citizens. Section 307 would align the 
record protection and release policies applicable to merchant 
mariners' documents with those of the Privacy Act and Freedom 
of Information Act (FOIA).

                               PAPERWORK

  The reported bill should not significantly increase paperwork 
requirements for individuals and businesses.
  Section 303 would require entities that charter documented 
vessels engaged in coastwise commercial trade and fishing to 
submit reports to the Coast Guard regarding the qualifications 
of their vessels to engage in such activities.
  Section 317 would require owners and operators of non-tank 
vessels greater than 400 gross tons to prepare and submit to 
the Coast Guard a plan for responding to a worst-case discharge 
oil or another hazardous substance. This section also would 
include the list of Noxious Liquid Substances (NLSs) under the 
International Convention for the Prevention of Pollution from 
Ships, 1973, as modified by the protocol of 1978 (MARPOL 73/
78), within the group of hazardous substances for which the 
Coast Guard may require response plans.

                      Section-by-Section Analysis


Section 1. Short Title

  This section states that the Act may be cited as the ``Coast 
Guard Authorization Act of 2003''.

Sec. 2. Table of Contents

  This section states the table of contents for the bill.

                        Title I--Authorizations

Sec. 101. Authorization of Appropriations

  This section of the reported bill would authorize 
appropriations for FY 2004 and FY 2005 for the Coast Guard. The 
following chart summarizes the FY 2004 authorization levels:

------------------------------------------------------------------------
       Funding Category                   Thousands of Dollars
------------------------------------------------------------------------
Operational Expenses.........  4,913,000
Acquisitions, Construction     1,017,000
 and Improvements.
Research, Development, Test,   22,000
 & Evaluation.
Retired Pay..................  1,020,000
Environmental Compliance.....  17,000
Alteration of Bridges........  18,500
------------------------------------------------------------------------

  This section also would authorize such funds as may be 
necessary for FY 2005.
Sec. 102. Authorized Levels of Military Strength and Training
  This section would authorize a Coast Guard end-of-year 
strength of 45,500 active duty military personnel for FY 2004. 
The authorized strength does not include members of the Ready 
Reserve called to active duty for special or emergency 
augmentation of regular Coast Guard forces for periods of 180 
days or less. This section also would authorize average 
military training student loads for FY 2004 as follows:

------------------------------------------------------------------------
           Training                          Student Years
------------------------------------------------------------------------
Recruit and Special..........  2,250
Flight.......................  125
Professional.................  300
Officer......................  1,200
------------------------------------------------------------------------

  Title II--Coast Guard Personnel, Financial, and Property Management

Sec. 201. Enlisted Member Critical Skill Training Bonus
  This section would authorize the Coast Guard to offer an 
incentive bonus to encourage already enlisted members to enter 
certain critical skill specialties.
Sec. 202. Amend Limits to the Number and Distribution of Commissioned 
        Officers
  This section would increase the maximum authorized number of 
Coast Guard officers to 7,100 and authorize an increase in the 
percentage of Commanders and Lieutenant Commanders to 15 and 22 
percent, respectively, of the number of officers in the Coast 
Guard.
Sec. 203. Expansion of Coast Guard Housing Authorities
  This section is similar to the DOD authority in 10 U.S.C 287 
and would authorize the Coast Guard to provide direct loans or 
loan guarantees for the construction of military housing.
Sec. 204. Property Owned by Auxiliary Units and Dedicated Solely for 
        Auxiliary Use
  This section would state that real and personal property 
owned by a unit of the Coast Guard Auxiliary shall be 
considered Federal property for liability purposes at all times 
unless the property is being used outside the scope of the 
Auxiliary mission. This section also would authorize the 
reimbursement of operation, maintenance, repair, or replacement 
of the property from appropriated funds to the same extent as 
other property being used by the Auxiliary for Coast Guard 
Service, with approval of the Commandant and subject to the 
availability of funds.
Sec. 205. Coast Guard Auxiliary Units as Instrumentalities of the 
        United States for Taxation Purposes
  This section would clarify the tax-exempt status of the 
Auxiliary and states the Auxiliary and each of its 
organizational elements and units is tax-exempt for all 
purposes. This section further would allow donations to the 
Auxiliary to be deductible, and would provide a basis for 
exempting Auxiliary units from having to pay State property 
taxes on the real and personal property owned, and levy and 
remit State sales tax for any goods and services that may be 
sold.
Sec. 206. Maximum Age for Retention in an Active Status
  This section would change the mandatory retirement age for 
Coast Guard reserve officers from 62 to 60 which is consistent 
with the DOD requirements.
Sec. 207. Term of Enlistments
  This section would authorize the Commandant of the Coast 
Guard to accept original enlistments for other than full years 
which is consistent with DOD enlistments. The Commandant may 
presently accept reenlistments only for terms of full years and 
months up to six full years. This section would authorize 
enlistments for any term of years and months from two years to 
six years.
Sec. 208. Requirement for Constructive Credit
  This section would reduce the amount of mandatory 
constructive credit required for Reserve Law Specialists from 
three years to one year. It would allow the Coast Guard to 
consider officers' education and experience, potential career 
opportunities, and service needs to determine appropriate 
credit.
Sec. 209. Nonappropriated Fund Instrumentalities
  This section would permit the Coast Guard and other Federal 
agencies to purchase goods and services from the Coast Guard 
Exchange System and utilize other Morale, Welfare, and 
Recreation (MWR) activities, which is consistent with the DOD 
authority.
Sec. 210. Travel Card Management
  This section would authorize the Coast Guard to disburse 
travel reimbursement directly to the issuer of a contractor-
issued travel charge card and would allow the Coast Guard to 
withhold pay from Coast Guard personnel who have delinquent 
travel charge cards accounts. This provision is similar to 
authority granted to the DOD in 1999.
Sec. 211. Use of Military Child Development Centers and Other Programs
  This section would allow the Secretary of Defense and the 
Secretary of the Department in which the Coast Guard is 
operating to agree to provide day care services without 
requiring reimbursement. It also would provide children of 
Coast Guard members the same access as children of DOD members 
to DOD child care facilities.

Title III--Law Enforcement, Marine Safety, and Environmental Protection

Sec. 301. Marking of Underwater Wrecks

  This section would grant the Commandant of the Coast Guard 
discretion to permit a sunken wreck to be marked without using 
a lighted buoy if the Commandant determines that placing a 
light would be impractical and granting such a waiver would not 
create an undue hazard to navigation.

Sec. 302. Prohibition of Operation of Certain Electronic Devices and 
        Ports and Waterways Partnerships/Cooperative Ventures

  This section would authorize the Secretary to prohibit the 
use of certain electronic devices that could interfere with 
shipboard navigation or communications systems. It also would 
authorize the Secretary to enter into partnerships and 
cooperative ventures with non-Federal entities to carry out 
Ports and Waterways Safety Act vessel operating requirements, 
including vessel traffic services, and would allow longer-term, 
20-year leases between the Coast Guard and such partners.

Sec. 303. Reports From Charterers

  This section would authorize the Secretary to require reports 
from vessel charterers to ensure compliance with laws governing 
vessels engaged in coastwise trade and in the fisheries.

Sec. 304. Revision of Temporary Suspension Criteria in Suspension and 
        Revocation (S&R) Cases

  This section would clarify the Coast Guard's authority to 
temporarily suspend a merchant mariner's credentials (MMC), 
where the mariner is convicted of a National Driver Register 
Act (NDRA) offense. The resulting language clarifies the 
confusion surrounding the existing statute, which creates a 
potential loophole in the law. It also would authorize the 
Secretary to temporarily suspend an MMC if there is probable 
cause to believe that the holder is a security risk.

Sec. 305. Revision of Bases for Suspension & Revocation (S&R) Cases

  This section would provide the Coast Guard with the authority 
to suspend or revoke a merchant mariner's credentials in cases 
where a mariner commit acts of incompetence with respect to the 
operation of a vessel, whether under Federal or State mariner's 
credentials. It also adds security risk as a basis for which 
the Secretary may suspend or revoke an MMC.

Sec. 306. Removal of Mandatory Revocation for Proved Drug Convictions 
        in Suspension & Revocation (S&R) Cases

  This section would remove the automatic requirement to 
suspend a merchant mariner's credentials in every document 
suspension and revocation case involving a drug conviction, 
thereby giving the Coast Guard Administrative Law Judge 
additional discretion in appropriate cases involving minor 
offenses. Currently, due to the restrictive language of Section 
7704(b), the Coast Guard is prohibited from using Settlement 
Agreements even in minor cases.

Sec. 307. Records of Merchant Mariners' Documents

  This section would align the record protection and release 
policies applicable to merchant mariners' documents with those 
of the Privacy Act and the FOIA. The current prohibition on 
``general or public inspection'' contained in section 7319 
results in excessive withholding of information and 
inconsistent policies for the treatment of records relating to 
documented mariners and those relating to licensed mariners.

Sec. 308. Exemption of Unmanned Barges From Certain Citizenship 
        Requirements

  This section would amend section 12110(d) of title 46 by 
exempting unmanned barges on foreign voyages from the 
requirement to be under the control of a U.S. citizen 
crewmember.

Sec. 309. Increase Civil Penalties for Violations of Certain Bridge 
        Statutes

  This section would increase the maximum allowable civil 
penalty amounts from $1,100 per day per violation to $25,000 
per day per violation for violations of bridge laws and 
regulations.

Sec. 310. Civil Penalties for Failure To Comply With Recreational 
        Vessel and Associated Equipment Safety Standards

  This section would amend 46 U.S.C. 4311(b) to increase the 
maximum civil penalties applicable to a person manufacturing or 
selling a recreational boat that contains a defect, for 
wrongful sale or labeling, or for failing to notify of a recall 
or comply with applicable Federal recreational boat safety 
regulations. The penalty would increase from $2,000 to a 
maximum of $5,000, and the maximum for a related series of 
violations would increase from $100,000 to $250,000. Section 
310 also would add a criminal penalty provision for knowing and 
willful violations of section 4307(a).

Sec. 311. Correction to Definition of Federal Law Enforcement Agencies 
        in the Enhanced Border Security and Visa Entry Reform Act of 
        2002

  This section would make a technical correction to the 
Enhanced Border Security and Visa Entry Reform Act of 2002 (PL 
107-173) by adding the Coast Guard to the list of defined 
Federal law enforcement agencies and deleting the term 
``Coastal Security Service.''

Sec. 312. Stopping Vessels; Immunity for Firing at or into Vessel

  This section would eliminate the requirement to fire a 
warning shot when the use of such a shot would not be practical 
or safe. It also would renew the application of this provision 
to other military aircraft to which one or more Coast Guard 
members are assigned.

Sec. 313. Use of Unexpended Funds for Bridge Alterations Under Truman-
        Hobbs Act

  This section would amend the Truman-Hobbs Act to allow funds 
appropriated or otherwise available for a completed bridge 
alteration project to be used to pay the Federal government's 
share of other bridge alteration projects authorized under the 
Truman-Hobbs Act.

Sec. 314. Inland Navigation Rules Promulgation Authority

  This section would repeal the current statutory Inland 
Navigation Rules in 33 U.S.C chapter 34 and would authorize the 
Secretary to promulgate the Inland Navigation Rules by 
regulation.

Sec. 315. Prevention of Departure

  This section would give the Secretary authority to prohibit 
the departure of a foreign passenger vessel carrying U.S. 
passengers from a U.S. port if the vessel does not comply with 
SOLAS standards.

Sec. 316. Compliance With International Safety Management Code

  This section would require foreign flagged vessels on 
``voyages to nowhere'' to comply with the ISM. It would amend 
section 3201 of title 46 to require foreign flagged vessels 
departing and returning to the same U.S. port, or returning to 
another port under the jurisdiction of the U.S., to comply with 
the ISM when any part of the voyage occurs on the high seas.

Sec. 317. Amendments to Vessel Response Plan Requirements

  This section would amend the OPA 90 to require vessel 
response plans for non-tank vessels over 400 gross tons. These 
plans are currently required for tank vessels. This would 
address the risk of a major oil spill from non-tank vessels 
such as the motor vessel New Carissa, that grounded and 
discharged oil off the coast of Oregon in 1999. This section 
also would include for tank vessels the list of Noxious Liquid 
Substances under the International Convention for the 
Prevention of Pollution from Ships, 1973, as modified by the 
protocol of 1978, within the group of hazardous substances for 
which the Coast Guard may require response plans.

Sec. 318. Requirements for Tank Level and Pressure Monitoring Devices

  This section would amend the OPA 90 to make issuance of 
regulations concerning tank level and pressure monitoring 
(TLPM) devices discretionary. There are no feasible devices 
that could meet the current statutory requirement, and the cost 
of such devices is thought to be prohibitively expensive. This 
section also would require the Coast Guard to provide Congress 
with a study on alternative measures for detecting the loss of 
oil from oil cargo tanks.

Sec. 319. Report on Implementation of the Oil Pollution Act

  This section would require the Coast Guard to provide a 
report to Congress with respect to a number of recent issues 
arising from implementation of the OPA 90. The report would 
include the status of the Oil Spill Liability Trust Fund which 
is believed to be declining for the first time, an analysis of 
the impacts of accelerating the phase out of single hull tank 
vessels from 2015 to 2010, and a review of manning and safety 
requirements applicable to vessels that tow oil barges as 
compared to requirements imposed on tankers of a similar 
capacity.

Sec. 320. Loans for Fishermen Impacted by Oil Spills

  This section would address a gap in the current system under 
the Oil Pollution Act, whereby fishermen and aquaculture 
producers that are impacted by an oil spill have to wait at 
least 90 days, and usually more, to recover damages in the 
interim period until a full assessment and distribution of 
claims can be made. The section would allow the use of the Oil 
Spill Liability Trust Fund to provide loans to such impacted 
entities until such time as an interim payment is made under 
the Act, or in the event that no interim payments are made.

Sec. 321. Fisheries Enforcement Plans and Reporting

  This section would require the Coast Guard and NOAA to 
improve their consultations with each other and with State and 
local authorities in setting priorities for and coordinating 
the enforcement of fisheries laws and regulations.

Sec. 322. Deepwater Report

  This section would require the Coast Guard to provide a 
report on the performance of the prime contractor under the 
first five-year term of the contract for the Integrated 
Deepwater Program.

Sec. 323. Small Passenger Vessel Safety

  This section would require the Coast Guard to provide a 
report on compliance with small passenger vessel regulations, 
including recommendations for improvement.

Sec. 324. Electronic Navigational Charting

  This section would require the Coast Guard, in consultation 
with NOAA, to report on the costs of completing Electronic 
Navigation Charts for the existing suite of NOAA charts, the 
costs and benefits of requiring electronic navigation systems 
on vessels, and a description of international standards in 
this area.

                        Title IV--Miscellaneous

Sec. 401. Conveyance of Lighthouses

  This section would require the Secretary of the Interior to 
monitor any already executed or proposed lighthouse conveyance, 
and take any steps necessary to protect the U.S.'s reversionary 
interest.

Sec. 402. LORAN-C

  This section would authorize the Department of Transportation 
to transfer $25 million in FY 2004 from the Federal Aviation 
Administration to the Coast Guard for recapitalization of the 
LORAN-C radio navigation system.

Sec. 403. Conveyance of Decommissioned Coast Guard Cutters.

  This section would authorize the Coast Guard to transfer the 
following Coast Guard cutters upon their decommissioning: the 
cutter BRAMBLE to the Port Huron Museum of Arts and History; 
the cutter PLANETREE to the non-profit group, Jewish Life; and 
the cutter SUNDEW to the Duluth Entertainment and Convention 
Center Authority.

Section 404. Koss Cove

  This section would name a cove adjacent to and southeast of 
Point Elrington, Alaska in honor of the late Eric Steiner Koss 
of the NOAA vessel Rainer who died in the performance of a 
nautical charting mission off the coast of Alaska near this 
cove.

Section 405. Declaration of Non-navigability for Portion of the Wateree 
        River

  This section would designate a section of the Wateree River 
in South Carolina, which includes an old railroad swing bridge 
that has not been operated for approximately 40 or more years, 
as non-navigable for purposes of the General Bridge Act.

Section 406. Correction of 2002 Coastwise Trade Authorization Provision

  This section would make a technical clarification to a 
provision under the Maritime Transportation Security Act of 
2002 that allows the use of foreign launch barges in certain 
off-shore construction. Specifically, the provision as modified 
would enhance the ability of U.S. flag vessels to participate 
in maritime construction related to the launching of off-shore 
oil platforms.

Section 407. Innovative Construction Alternatives

  This section would authorize the Commandant of the Coast 
Guard to consult with the Office of Naval Research and other 
Federal agencies with research and development programs that 
may provide innovative construction alternatives for the 
Integrated Deepwater System.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, 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 material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

TITLE 14, UNITED STATES CODE, COAST GUARD

                      PART I. REGULAR COAST GUARD

                CHAPTER 3. COMPOSITION AND ORGANIZATION

Sec. 42. Number and distribution of commissioned officers

  (a) [The] Except in time of war or national emergency 
declared by Congress, or the President, the total number of 
commissioned officers, excluding commissioned warrant officers, 
on active duty in the Coast Guard shall not exceed [6,200.] 
7,100. In time of war or national emergency, the Secretary 
shall establish the total number of commissioned officers, 
excluding commissioned warrant officers, on active duty in the 
Coast Guard.
  (b) The commissioned officers on the active duty promotion 
list shall be distributed in grade in the following 
percentages, respectively: rear admiral 0.375; rear admiral 
(lower half) 0.375; captain 6.0; [commander 12.0; lieutenant 
commander 18.0.] commander 15.0; lieutenant commander 22.0. The 
Secretary shall prescribe the percentages applicable to the 
grades of lieutenant, lieutenant (junior grade), and ensign. 
The Secretary may, as the needs of the Coast Guard require, 
reduce the percentage applicable to any grade above lieutenant 
commander, and in order to compensate for such reduction 
increase correspondingly the percentage applicable to any lower 
grade.
  (c) The Secretary shall, at least once each year, make a 
computation to determine the number of officers on the active 
duty promotion list authorized to be serving in each grade. The 
number in each grade shall be computed by applying the 
applicable percentage to the total number of such officers 
serving on active duty on the date the computation is made. In 
making computations under this section the nearest whole number 
shall be regarded as the authorized number in any case where 
there is a fraction in the final result.
  (d) The numbers resulting from such computations shall be for 
all purposes the authorized number in each grade, except that 
the authorized number for a grade is temporarily increased 
during the period between one computation and the next by the 
number of officers originally appointed in that grade during 
that period and the number of officers of that grade for whom 
vacancies exist in the next higher grade but whose promotion 
has been delayed for any reason.
  (e) Officers who are not included in the active duty 
promotion list, officers serving as extra numbers in grade 
under sections 432 and 433 of this title, and officers serving 
with other departments or agencies on a reimbursable basis or 
excluded under the provisions of section 324(d) of title 49, 
shall not be counted in determining authorized strengths under 
subsection (c) and shall not count against those strengths. The 
number of officers authorized to be serving on active duty in 
each grade of the permanent commissioned teaching staff of the 
Coast Guard Academy and of the Reserve serving in connection 
with organizing, administering, recruiting, instructing, or 
training the reserve components shall be prescribed by the 
Secretary.

           *       *       *       *       *       *       *


               CHAPTER 7. COOPERATION WITH OTHER AGENCIES

Sec. 152. Nonappropriated fund instrumentalities; contracts with other 
                    agencies and instrumentalities to provide or obtain 
                    goods and services

  The Coast Guard Exchange System, or a morale, welfare, and 
recreation system of the Coast Guard, may enter into a contract 
or other agreement with any element or instrumentality of the 
Coast Guard or with another Federal department, agency, or 
instrumentality thereof to provide or obtain goods and services 
beneficial to the efficient management and operation of the 
exchange system or that morale, welfare, and recreation system.

                 CHAPTER 11. PERSONNEL ENLISTED MEMBERS

Sec. 351. Enlistments; term, grade

  (a) Under regulations prescribed by the Secretary, the 
Commandant may enlist persons for minority or [terms of full 
years not exceeding six years.] a period of at least 2 years 
but not more than 6 years.
  (b) The Secretary shall prescribe the grades or ratings for 
persons enlisting in the Regular Coast Guard.

           *       *       *       *       *       *       *


Sec.  374. Critical skill training bonus

  (a) The Secretary may provide a bonus, not to exceed $20,000, 
to enlisted members who complete training in a skill designated 
as critical, provided at least four years of obligated active 
service remain on the member's enlistment at the time the 
training is completed. A bonus under this section may be paid 
in a single lump sum or in periodic installments.
  (b) If an enlisted member voluntarily or because of 
misconduct does not complete his or her term of obligated 
active service, the Secretary may require the member to repay 
the United States, on a pro rata basis, all sums paid under 
this section. The Secretary shall charge interest on the 
reimbursed amount at a rate, to be determined quarterly, equal 
to 150 percent of the average of the yields on the 91-day 
Treasury bills auctioned during the preceding calendar quarter.

           *       *       *       *       *       *       *


   CHAPTER 13. PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS

Sec. 517. Travel card management

  (a) In General.--The Secretary may require that travel or 
transportation allowances due a civilian employee or military 
member of the Coast Guard be disbursed directly to the issuer 
of a Federal contractor-issued travel charge card, but only in 
an amount not to exceed the authorized travel expenses charged 
by that Coast Guard

member to that travel charge card issued to that employee or 
member.
  (b) Withholding of Nondisputed Obligations.--The Secretary 
may also establish requirements similar to those established by 
the Secretary of Defense pursuant to section 2784a of title 10 
for deduction or withholding of pay or retired pay from a Coast 
Guard employee, member, or retired member who is delinquent in 
payment under the terms of the contract under which the card 
was issued and does not dispute the amount of the delinquency.

                       CHAPTER 17. ADMINISTRATION

Sec. 637. Stopping vessels; immunity for firing at or into vessel

  [(a) Whenever any vessel liable to seizure or examination 
does not stop on being ordered to do so or on being pursued by 
an authorized vessel or authorized aircraft which has displayed 
the ensign, pennant, or other identifying insignia prescribed 
for an authorized vessel or authorized aircraft, the person in 
command or in charge of the authorized vessel or authorized 
aircraft may, after a gun has been fired by the authorized 
vessel or authorized aircraft as a warning signal, fire at or 
into the vessel which does not stop.]
  (a) Whenever any vessel liable to seizure or examination does 
not stop on being ordered to do so or on being pursued by an 
authorized vessel or authorized aircraft has displayed the 
ensign, pennant, or other identifying insignia prescribed for 
an authorized vessel or authorized aircraft, the person in 
command or in charge of the authorized vessel or authorized 
aircraft may, after a gun has been fired by the authorized 
vessel or authorized aircraft as a warning signal, fire at or 
into the vessel which does not stop; except that the prior use 
of the warning signal is not required if its use would 
unreasonably endanger persons or property in the vicinity of 
the vessel.
  (b) The person in command of an authorized vessel or 
authorized aircraft and all persons acting under that person's 
direction shall be indemnified from any penalties or actions 
for damages for firing at or into a vessel pursuant to 
subsection (a). If any person is killed or wounded by the 
firing, and the person in command of the authorized vessel or 
authorized aircraft or any person acting pursuant to their 
orders is prosecuted or arrested therefor, they shall be 
forthwith admitted to bail.
  (c) A vessel or aircraft is an authorized vessel or 
authorized aircraft for purposes of this section if--
          (1) it is a Coast Guard vessel or aircraft; or
          [(2) it is a surface naval vessel on which one or 
        more members of the Coast Guard are assigned pursuant 
        to section 379 of title 10; or
          [(3) subject to subsection (d), it is a naval 
        aircraft that has one or more members of the Coast 
        Guard on board and is operating from a surface naval 
        vessel described in paragraph (2).]
          (2) it is a surface naval vessel or military aircraft 
        on which one or more members of the Coast Guard are 
        assigned pursuant to section 379 of title 10.
  [(d)(1) The inclusion of naval aircraft as an authorized 
aircraft for purposes of this section shall be effective only 
after the end of the 30-day period beginning on the date the 
report required by paragraph (2) is submitted through September 
30, 2001.
  [(2) Not later than August 1, 2000, the Secretary of Defense 
shall submit to the Committee on Armed Services of the House of 
Representatives and the Committee on Armed Services of the 
Senate a report containing--
          [(A) an analysis of the benefits and risks associated 
        with using naval aircraft to perform the law 
        enforcement activities authorized by subsection (a);
          [(B) an estimate of the extent to which the Secretary 
        expects to implement the authority provided by this 
        section; and
          [(C) an analysis of the effectiveness and 
        applicability to the Department of Defense of the Coast 
        Guard program known as the ``New Frontiers'' program.]

              CHAPTER 18. COAST GUARD HOUSING AUTHORITIES

Sec. 680. Definitions

  In this chapter:
          (1) The term ``construction'' means the construction 
        of military housing units and ancillary supporting 
        facilities or the improvement or rehabilitation of 
        existing units or ancillary supporting facilities.
          (2) The term ``contract'' includes any contract, 
        lease, or other agreement entered into under the 
        authority of this chapter.
          (3) The term ``military unaccompanied housing'' means 
        military housing intended to be occupied by members of 
        the armed forces serving a tour of duty unaccompanied 
        by dependents.
          (4) The term ``United States'' includes the 
        Commonwealth of Puerto Rico, Guam, the United States 
        Virgin Islands, and the District of Columbia.
          (5) The term ``eligible entity'' means any private 
        person, corporation, firm, partnership, company, State 
        or local government, or housing authority of a State or 
        local government.

[Sec. 682. Loan guarantees]

Sec. 682. Direct loans and loan guarantees

  (a) Direct Loans.--
          (1) Subject to subsection (c), the Secretary may make 
        direct loans to an eligible entity in order to provide 
        funds to the eligible entity for the acquisition or 
        construction of housing units that the Secretary 
        determines are suitable for use as military family 
        housing or as military unaccompanied housing.
          (2) The Secretary shall establish such terms and 
        conditions with respect to loans made under this 
        subsection as the Secretary considers appropriate to 
        protect the interests of the United States, including 
        the period and frequency for repayment of such loans 
        and the obligations of the obligors on such loans upon 
        default.
  [(a)] (b) Loan Guarantees.--
          (1) Subject to [subsection (b),] subsection (c), the 
        Secretary may guarantee a loan made to any person in 
        the private sector if the proceeds of the loan are to 
        be used by the person to acquire, or construct housing 
        units that the Secretary determines are suitable for 
        use as military family housing or as military 
        unaccompanied housing.
          (2) The amount of a guarantee on a loan that may be 
        provided under paragraph (1) may not exceed the amount 
        equal to the lesser of--
                  (A) 80 percent of the value of the project; 
                or
                  (B) the outstanding principal of the loan.
          (3) The Secretary shall establish such terms and 
        conditions with respect to guarantees of loans under 
        this subsection as the Secretary considers appropriate 
        to protect the interests of the United States, 
        including the rights and obligations of the United 
        States with respect to such guarantees.
          (4) The funds for the loan guarantees entered into 
        under this section shall be held in the Coast Guard 
        Housing Fund under section 687 of this title. The 
        Secretary is authorized to purchase mortgage insurance 
        to guarantee loans in lieu of guaranteeing loans 
        directly against funds held in the Coast Guard Housing 
        Fund.
  [(b) Limitation on Guarantee Authority.--] (c) Direct Loans 
and Loan Guarantees._Loan guarantees may be made under this 
section only to the extent that appropriations of budget 
authority to cover their cost (as defined in section 502(5) of 
the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) are 
made in advance, or authority is otherwise provided in 
appropriations Acts. If such appropriation or other authority 
is provided, there may be established a financing account (as 
defined in section 502(7) of such Act (2 U.S.C. 661a(7))) which 
shall be available for the disbursement of payment of claims 
for payment on loan guarantees under this section and for all 
other cash flows to and from the Government as a result of 
guarantees made under this section.

                    CHAPTER 21. COAST GUARD RESERVE

                  SUBCHAPTER B. COMMISSIONED OFFICERS

Sec. 727. Constructive credit upon initial appointment

  Under regulations prescribed by the Secretary, a person, 
appointed as a Reserve officer, may be assigned a date of rank 
and precedence which reflects that person's experience, 
education, or other qualifications. For the purpose of this 
subchapter only, a person appointed for the purpose of 
assignment or designation as a law specialist in the Reserve 
shall be credited with a minimum of [three years] 1 year's 
service in an active status. A person holding a doctor of 
philosophy, or a comparable degree, in medicine or in a science 
allied to medicine as determined by the Secretary, may be 
credited with a minimum of three years service in an active 
status if appointed for an assignment comparable to that of an 
officer in the Navy Medical Department.

Sec. 727. Constructive credit upon initial appointment

  Under regulations prescribed by the Secretary, a person, 
appointed as a Reserve officer, may be assigned a date of rank 
and precedence which reflects that person's experience, 
education, or other qualifications. For the purpose of this 
subchapter only, a person appointed for the purpose of 
assignment or designation as a law specialist in the Reserve 
shall be credited with a minimum of three years service in an 
active status. A person holding a doctor of philosophy, or a 
comparable degree, in medicine or in a science allied to 
medicine as determined by the Secretary, may be credited with a 
minimum of three years service in an active status if appointed 
for an assignment comparable to that of an officer in the Navy 
Medical Department.

Sec. 742. Maximum ages for retention in an active status

  (a) A Reserve officer, if qualified, shall be transferred to 
the Retired Reserve on the day the officer becomes [sixty-two] 
sixty years of age.
  (b) Notwithstanding subsection (a) of this section, the 
Secretary may authorize the retention of a Reserve rear admiral 
or rear admiral (lower half) in an active status not longer 
than the day on which the officer concerned becomes sixty-four 
years of age.
  (c) Except as provided for in subsections (a) and (b) of this 
section, a Reserve officer shall be discharged effective upon 
the day the officer becomes [sixty-two] sixty years of age.

                   CHAPTER 23. COAST GUARD AUXILIARY

Sec. 821. Administration of the Coast Guard Auxiliary

  (a) The Coast Guard Auxiliary is a nonmilitary organization 
administered by the Commandant under the direction of the 
Secretary. For command, control, and administrative purposes, 
the Auxiliary shall include such organizational elements and 
units as are approved by the Commandant, including but not 
limited to, a national board and staff (to be known as the 
``Auxiliary headquarters unit''), districts, regions, 
divisions, flotillas, and other organizational elements and 
units. The Auxiliary and each organizational element and unit 
shall be deemed to be instrumentalities and political 
subdivisions of the United States for taxation purposes and for 
those exemptions as provided under section 107 of title 4. The 
Auxiliary organization and its officers shall have such rights, 
privileges, powers, and duties as may be granted to them by the 
Commandant, consistent with this title and other applicable 
provisions of law. The Commandant may delegate to officers of 
the Auxiliary the authority vested in the Commandant by this 
section, in the manner and to the extent the Commandant 
considers necessary or appropriate for the functioning, 
organization, and internal administration of the Auxiliary.
  (b) Each organizational element or unit of the Coast Guard 
Auxiliary organization (but excluding any corporation formed by 
an organizational element or unit of the Auxiliary under 
subsection (c) of this section), shall, except when acting 
outside the scope of section 822, at all times be deemed to be 
an instrumentality of the United States, for purposes of the 
following:
          (1) Chapter 26 of title 28 (popularly known as the 
        Federal Tort Claims Act).
          (2) Section 2733 of title 10 (popularly known as the 
        Military Claims Act).
          (3) The Act of March 3, 1925 (46 App. U.S.C. 781-790; 
        popularly known as the Public Vessels Act).
          (4) The Act of March 9, 1920 (46 App. U.S.C. 741-752; 
        popularly known as the Suits in Admiralty Act).
          (5) The Act of June 19, 1948 (46 App. U.S.C. 740; 
        popularly known as the Admiralty Extension Act).
          (6) Other matters related to noncontractual civil 
        liability.
  (c) The national board of the Auxiliary, and any Auxiliary 
district or region, may form a corporation under State law in 
accordance with policies established by the Commandant.
  (d) Subject to the approval of the Commandant:
          (1) The Coast Guard Auxiliary and each organizational 
        element and unit (whether or not incorporated), shall 
        have the power to acquire, own, hold, lease, encumber, 
        mortgage, transfer, and dispose of personal property 
        for the purposes set forth in section 822. Personal 
        property owned by the Auxiliary or an Auxiliary unit, 
        or any element thereof, whether or not incorporated, 
        shall at all times be deemed to be property of the 
        United States for the purposes of the statutes 
        described in paragraphs (1) through (6) of subsection 
        (b) while such property is being used by or made 
        exclusively available to the Auxiliary as provided in 
        section 822.
          (2) Personal property owned by the Auxiliary or an 
        Auxiliary unit or any element or unit thereof, shall 
        not be considered property of the United States for any 
        other purpose or under any other provision of law 
        except as provided in sections 821 through 832 and 
        section 641 of this title. The necessary expenses of 
        operation, maintenance and repair or replacement of 
        such property may be reimbursed using appropriated 
        funds.
          (3) For purposes of this subsection, personal 
        property includes, but is not limited to, motor boats, 
        yachts, aircraft, radio stations, motorized vehicles, 
        trailers, or other equipment.

         NATIONAL HISTORIC LIGHTHOUSE PRESERVATION ACT OF 2000

SEC. 308. HISTORIC LIGHTHOUSE PRESERVATION.

                           [16 U.S.C. 470W-7]

  (a) In General.--In order to provide a national historic 
light station program, the Secretary shall--
          (1) collect and disseminate information concerning 
        historic light stations, including historic lighthouses 
        and associated structures;
          (2) foster educational programs relating to the 
        history, practice, and contribution to society of 
        historic light stations;
          (3) sponsor or conduct research and study into the 
        history of light stations;
          (4) maintain a listing of historic light stations; 
        and
          (5) assess the effectiveness of the program 
        established by this section regarding the conveyance of 
        historic light stations.
  (b) Conveyance of Historic Light Stations.--
          (1) Process and policy.--Not later than 1 year after 
        the date of the enactment of this section, the 
        Secretary and the Administrator shall establish a 
        process and policies for identifying, and selecting, an 
        eligible entity to which a historic light station could 
        be conveyed for education, park, recreation, cultural, 
        or historic preservation purposes, and to monitor the 
        use of such light station by the eligible entity.
          (2) Application review.--The Secretary shall review 
        all applications for the conveyance of a historic light 
        station, when the agency with administrative 
        jurisdiction over the historic light station has 
        determined the property to be ``excess property'' as 
        that term is defined in the Federal Property 
        Administrative Services Act of 1949 1. (40 U.S.C. 
        472(e)), and forward to the Administrator a single 
        approved application for the conveyance of the historic 
        light station. When selecting an eligible entity, the 
        Secretary shall consult with the State Historic 
        Preservation Officer of the State in which the historic 
        light station is located.
          (3) Conveyance of historic light stations.--
                  (A) Except as provided in subparagraph (B), 
                the Administrator shall convey, by quitclaim 
                deed, without consideration, all right, title, 
                and interest of the United States in and to the 
                historic light station, subject to the 
                conditions set forth in subsection (c) after 
                the Secretary's selection of an eligible 
                entity. The conveyance of a historic light 
                station under this section shall not be subject 
                to the provisions of the Stewart B. McKinney 
                Homeless Assistance Act (42 U.S.C. 11301 et 
                seq.) or section 416(d) of the Coast Guard 
                Authorization Act of 1998 (Public Law 105-383).
                  (B)(i) Historic light stations located within 
                the exterior boundaries of a unit of the 
                National Park System or a refuge within the 
                National Wildlife Refuge System shall be 
                conveyed or sold only with the approval of the 
                Secretary.
                  (ii) If the Secretary approves the conveyance 
                of a historic light station referenced in this 
                paragraph, such conveyance shall be subject to 
                the conditions set forth in subsection (c) and 
                any other terms or conditions the Secretary 
                considers necessary to protect the resources of 
                the park unit or wildlife refuge.
                  (iii) If the Secretary approves the sale of a 
                historic light station referenced in this 
                paragraph, such sale shall be subject to the 
                conditions set forth in subparagraphs (A) 
                through (D) and (H) of subsection (c)(1) and 
                subsection (c)(2) and any other terms or 
                conditions the Secretary considers necessary to 
                protect the resources of the park unit or 
                wildlife refuge.
                  (iv) For those historic light stations 
                referenced in this paragraph, the Secretary is 
                encouraged to enter into cooperative agreements 
                with appropriate eligible entities, as provided 
                in this Act, to the extent such cooperative 
                agreements are consistent with the Secretary's 
                responsibilities to manage and administer the 
                park unit or wildlife refuge, as appropriate.
  (c) Terms of Conveyance.--
          (1) In general.--The conveyance of a historic light 
        station shall be made subject to any conditions, 
        including the reservation of easements and other rights 
        on behalf of the United States, the Administrator 
        considers necessary to ensure that--
                  (A) the Federal aids to navigation located at 
                the historic light station in operation on the 
                date of conveyance remain the personal property 
                of the United States and continue to be 
                operated and maintained by the United States 
                for as long as needed for navigational 
                purposes;
                  (B) there is reserved to the United States 
                the right to remove, replace, or install any 
                Federal aid to navigation located at the 
                historic light station as may be necessary for 
                navigational purposes;
                  (C) the eligible entity to which the historic 
                light station is conveyed under this section 
                shall not interfere or allow interference in 
                any manner with any Federal aid to navigation, 
                nor hinder activities required for the 
                operation and maintenance of any Federal aid to 
                navigation, without the express written 
                permission of the head of the agency 
                responsible for maintaining the Federal aid to 
                navigation;
                  (D) the eligible entity to which the historic 
                light station is conveyed under this section 
                shall, at its own cost and expense, use and 
                maintain the historic light station in 
                accordance with this Act, the Secretary of the 
                Interior's Standards for the Treatment of 
                Historic Properties, 36 CFR part 68, and other 
                applicable laws, and any proposed changes to 
                the historic light station shall be reviewed 
                and approved by the Secretary in consultation 
                with the State Historic Preservation Officer of 
                the State in which the historic light station 
                is located, for consistency with 36 CFR part 
                800.5(a)(2)(vii), and the Secretary of the 
                Interior's Standards for Rehabilitation, 36 CFR 
                part 67.7;
                  (E) the eligible entity to which the historic 
                light station is conveyed under this section 
                shall make the historic light station available 
                for education, park, recreation, cultural or 
                historic preservation purposes for the general 
                public at reasonable times and under reasonable 
                conditions;
                  (F) the eligible entity to which the historic 
                light station is conveyed shall not sell, 
                convey, assign, exchange, or encumber the 
                historic light station, any part thereof, or 
                any associated historic artifact conveyed to 
                the eligible entity in conjunction with the 
                historic light station conveyance, including 
                but not limited to any lens or lanterns, unless 
                such sale, conveyance, assignment, exchange or 
                encumbrance is approved by the Secretary;
                  (G) the eligible entity to which the historic 
                light station is conveyed shall not conduct any 
                commercial activities at the historic light 
                station, any part thereof, or in connection 
                with any associated historic artifact conveyed 
                to the eligible entity in conjunction with the 
                historic light station conveyance, in any 
                manner, unless such commercial activities are 
                approved by the Secretary; and
                  (H) the United States shall have the right, 
                at any time, to enter the historic light 
                station conveyed under this section without 
                notice, for purposes of operating, maintaining, 
                and inspecting any aid to navigation and for 
                the purpose of ensuring compliance with this 
                subsection, to the extent that it is not 
                possible to provide advance notice.
          (2) Maintenance of aid to navigation.--Any eligible 
        entity to which a historic light station is conveyed 
        under this section shall not be required to maintain 
        any Federal aid to navigation associated with a 
        historic light station, except any private aids to 
        navigation permitted under section 83 of title 14, 
        United States Code, to the eligible entity.
          (3) Reversion.--In addition to any term or condition 
        established pursuant to this subsection, the conveyance 
        of a historic light station shall include a condition 
        that the historic light station, or any associated 
        historic artifact conveyed to the eligible entity in 
        conjunction with the historic light station conveyance, 
        including but not limited to any lens or lanterns, at 
        the option of the Administrator, shall revert to the 
        United States and be placed under the administrative 
        control of the Administrator, if--
                  (A) the historic light station, any part 
                thereof, or any associated historic artifact 
                ceases to be available for education, park, 
                recreation, cultural, or historic preservation 
                purposes for the general public at reasonable 
                times and under reasonable conditions which 
                shall be set forth in the eligible entity's 
                application;
                  (B) the historic light station or any part 
                thereof ceases to be maintained in a manner 
                that ensures its present or future use as a 
                site for a Federal aid to navigation;
                  (C) the historic light station, any part 
                thereof, or any associated historic artifact 
                ceases to be maintained in compliance with this 
                Act, the Secretary of the Interior's Standards 
                for the Treatment of Historic Properties, 36 
                CFR part 68, and other applicable laws;
                  (D) the eligible entity to which the historic 
                light station is conveyed, sells, conveys, 
                assigns, exchanges, or encumbers the historic 
                light station, any part thereof, or any 
                associated historic artifact, without approval 
                of the Secretary;
                  (E) the eligible entity to which the historic 
                light station is conveyed, conducts any 
                commercial activities at the historic light 
                station, any part thereof, or in conjunction 
                with any associated historic artifact, without 
                approval of the Secretary; or
                  (F) at least 30 days before the reversion, 
                the Administrator provides written notice to 
                the owner that the historic light station or 
                any part thereof is needed for national 
                security purposes.
          (4) Lighthouses originally conveyed under other 
        authority.--Upon receiving notice of an executed or 
        intended conveyance by sale, gift, or any other manner 
        of a lighthouse conveyed under authority other than 
        this Act, the Secretary shall review the executed or 
        proposed conveyance to ensure that any new owner will 
        comply with any and all conditions of the original 
        conveyance. If the Secretary determines that the new 
        owner has not or is unable to comply with those 
        conditions the Secretary shall immediately invoke any 
        reversionary interest or take such other action as may 
        be necessary to protect the interests of the United 
        States.
  (d) Description of Property.--
          (1) In general.--The Administrator shall prepare the 
        legal description of any historic light station 
        conveyed under this section. The Administrator, in 
        consultation with the Commandant, United States Coast 
        Guard, and the Secretary, may retain all right, title, 
        and interest of the United States in and to any 
        historical artifact, including any lens or lantern, 
        that is associated with the historic light station and 
        located at the light station at the time of conveyance. 
        Wherever possible, such historical artifacts should be 
        used in interpreting that station. In cases where there 
        is no method for preserving lenses and other artifacts 
        and equipment in situ, priority should be given to 
        preservation or museum entities most closely associated 
        with the station, if they meet loan requirements.
          (2) Artifacts.--Artifacts associated with, but not 
        located at, the historic light station at the time of 
        conveyance shall remain the personal property of the 
        United States under the administrative control of the 
        Commandant, United States Coast Guard.
          (3) Covenants.--All conditions placed with the 
        quitclaim deed of title to the historic light station 
        shall be construed as covenants running with the land.
          (4) Submerged lands.--No submerged lands shall be 
        conveyed under this section.
  (e) Definitions.--For purposes of this section:
          (1) Administrator.--The term ``Administrator'' shall 
        mean the Administrator of General Services.
          (2) Historic light station.--The term ``historic 
        light station'' includes the light tower, lighthouse, 
        keepers dwelling, garages, storage sheds, oil house, 
        fog signal building, boat house, barn, pumphouse, 
        tramhouse support structures, piers, walkways, 
        underlying and appurtenant land and related real 
        property and improvements associated therewith; 
        provided that the ``historic light station'' shall be 
        included in or eligible for inclusion in the National 
        Register of Historic Places.
          (3) Eligible entity.--The term ``eligible entity'' 
        shall mean:
                  (A) any department or agency of the Federal 
                Government; or
                  (B) any department or agency of the State in 
                which the historic light station is located, 
                the local government of the community in which 
                the historic light station is located, 
                nonprofit corporation, educational agency, or 
                community development organization that--
                          (i) has agreed to comply with the 
                        conditions set forth in subsection (c) 
                        and to have such conditions recorded 
                        with the deed of title to the historic 
                        light station; and
                          (ii) is financially able to maintain 
                        the historic light station in 
                        accordance with the conditions set 
                        forth in subsection (c).
          (4) Federal aid to navigation. The term ``Federal aid 
        to navigation'' shall mean any device, operated and 
        maintained by the United States, external to a vessel 
        or aircraft, intended to assist a navigator to 
        determine position or safe course, or to warn of 
        dangers or obstructions to navigation, and shall 
        include, but not be limited to, a light, lens, lantern, 
        antenna, sound signal, camera, sensor, electronic 
        navigation equipment, power source, or other associated 
        equipment.
          (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.

                          ACT OF MARCH 3, 1899


SEC. 15. OBSTRUCTION OF NAVIGABLE WATERS BY VESSELS; FLOATING TIMBER; 
                    MARKING AND REMOVAL OF SUNKEN VESSELS.

                            [33 U.S.C. 409]

  It shall not be lawful to tie up or anchor vessels or other 
craft in navigable channels in such a manner as to prevent or 
obstruct the passage of other vessels or craft; or to sink, or 
permit or cause to be sunk, vessels or other craft in navigable 
channels; or to float loose timber and logs, or to float what 
is known as sack rafts of timber and logs in streams or 
channels actually navigated by steamboats in such manner as to 
obstruct, impede, or endanger navigation. And whenever a 
vessel, raft, or other craft is wrecked and sunk in a navigable 
channel, it shall be the duty of the owner, lessee, or operator 
of such sunken craft to immediately mark it with a buoy or 
beacon during the [day and a lighted lantern] day and, unless 
otherwise granted a waiver by the Commandant of the Coast 
Guard, a light at night, and to maintain such marks until the 
sunken craft is removed or abandoned, and the neglect or 
failure of the said owner, lessee, or operator so to do shall 
be unlawful; and it shall be the duty of the owner, lessee, or 
operator of such sunken craft to commence the immediate removal 
of the same, and prosecute such removal diligently, and failure 
to do so shall be considered as an abandonment of such craft, 
and subject the same to removal by the United States as 
hereinafter provided for. The Commandant of the Coast Guard may 
waive the requirement to mark a wrecked vessel, raft, or other 
craft with a light at night if the Commandant determines that 
placing a light would be impractical and granting such a waiver 
would not create an undue hazard to navigation.

                           BRIDGE ACT OF 1906


SEC. 5. VIOLATIONS OF ORDERS RESPECTING BRIDGES AND ACCESSORY WORKS.

                            [33 U.S.C. 495]

  (a) Criminal Penalties for Violation; Misdemeanor; Fine; New 
Offenses; Jurisdiction; Suits for Recovery of Removal Expenses, 
Enforcement of Removal, and Obstruction-to-Navigation Cause or 
Questions.--Any persons who shall willfully fail or refuse to 
comply with the lawful order of the Secretary of Transportation 
or the Chief of Engineers, made in accordance with the 
provisions of this Act, shall be deemed guilty of a misdemeanor 
and on conviction thereof shall be punished in any court of 
competent jurisdiction by a fine not exceeding $5,000, and 
every month such persons shall remain in default shall be 
deemed a new offense and subject such persons to additional 
penalties therefor; and in addition to the penalties above 
described the Secretary of Transportation and the Chief of 
Engineers may, upon refusal of the persons owning or 
controlling any such bridge and accessory works to comply with 
any lawful order issued by the Secretary of Transportation or 
Chief of Engineers in regard thereto, cause the removal of such 
bridge and accessory works at the expense of the persons owning 
or controlling such bridge, and suit for such expense may be 
brought in the name of the United States against such persons, 
and recovery had for such expense in any court of competent 
jurisdiction; and the removal of any structures erected or 
maintained in violation of the provisions of this Act or the 
order or direction of the Secretary of Transportation or Chief 
of Engineers made in pursuance thereof may be enforced by 
injunction, mandamus, or other summary process, upon 
application to the district court in the district in which such 
structure may, in whole or in part, exist, and proper 
proceedings to this end may be instituted under the direction 
of the Attorney General of the United States at the request of 
the Secretary of Transportation; and in case of any litigation 
arising from any obstruction or alleged obstruction to 
navigation created by the construction of any bridge under this 
Act, the cause or question arising may be tried before the 
circuit court of the United States in any district which any 
portion of said obstruction or bridge touches.
  (b) Civil Penalties for Violation; Separate Offenses; Notice 
and Hearing; Assessment, Collection, and Remission; Civil 
Actions.--Whoever violates any provision of this Act, or any 
order issued under this Act, shall be liable to a civil penalty 
of not more than [$1,000.] $25,000. Each day a violation 
continues shall be deemed a separate offense. No penalty may be 
assessed under this subsection until the person charged is 
given notice and an opportunity for a hearing on the charge. 
The Secretary of Transportation may assess and collect any 
civil penalty incurred under this subsection and, in his 
discretion, may remit, mitigate, or compromise any penalty 
until the matter is referred to the Attorney General. If a 
person against whom a civil penalty is assessed under this 
subsection fails to pay that penalty, an action may be 
commenced in the district court of the United States for any 
district in which the violation occurs for such penalty.

           *       *       *       *       *       *       *


                         ACT OF AUGUST 18, 1894


SEC.  . REGULATIONS FOR DRAWBRIDGES.

                            [33 U.S.C. 499]

  (a) Criminal Penalties for Violations; Enforcement; Rules and 
Regulations.--It shall be the duty of all persons owning, 
operating, and tending the drawbridges now built or which may 
hereafter be built across the navigable rivers and other waters 
of the United States, to open, or cause to be opened, the draws 
of such bridges under such rules and regulations as in the 
opinion of the Secretary of Transportation the public interests 
require to govern the opening of drawbridges for the passage of 
vessels and other water crafts, and such rules and regulations, 
when so made and published, shall have the force of law. Every 
such person who shall wilfully fail or refuse to open, or cause 
to be opened, the draw of any such bridge for the passage of a 
boat or boats, as provided in such regulations, shall be deemed 
guilty of a misdemeanor, and on conviction thereof shall be 
punished by a fine of not more than $2,000 nor less than 
$1,000, or by imprisonment (in the case of a natural person) 
for not exceeding one year, or by both such fine and 
imprisonment, in the discretion of the court: Provided, That 
the proper action to enforce the provisions of this subsection 
may be commenced before any commissioner, judge, or court of 
the United States, and such commissioner, judge, or court shall 
proceed in respect thereto as authorized by law in case of 
crimes against the United States: Provided further, That 
whenever, in the opinion of the Secretary of Transportation, 
the public interests require it, he may make rules and 
regulations to govern the opening of drawbridges for the 
passage of vessels and other water crafts, and such rules and 
regulations, when so made and published, shall have the force 
of law, and any willful violation thereof shall be punished as 
hereinbefore provided: Provided further, That any 
regulationsmade in pursuance of this section may be enforced as 
provided in section 413 of this title, the provisions whereof are made 
applicable to the said regulations. Any rules and regulations made in 
pursuance of this section shall, to the extent practical and feasible, 
provide for regularly scheduled openings of drawbridges during seasons 
of the year, and during times of the day, when scheduled openings would 
help reduce motor vehicle traffic delays and congestion on roads and 
highways linked by drawbridges.
  (b) Nonstructural Vessel Appurtenance; Unreasonable Delay.--
No vessel owner or operator shall signal a drawbridge to open 
for any nonstructural vessel appurtenance which is not 
essential to navigation or which is easily lowered and no 
person shall unreasonably delay the opening of a draw after the 
signal required by rules or regulations under this section has 
been given. The Secretary of Transportation shall issue rules 
and regulations to implement this subsection.
  (c) Civil Penalties for Violation; Notice and Hearing; 
Assessment, Collection, and Remission; Civil Actions.--Whoever 
violates any rule or regulation issued under subsection (a) or 
(b), shall be liable to a civil penalty of not more than 
[$1,000.] $25,000. No penalty may be assessed under this 
subsection until the person charged is given notice and an 
opportunity for a hearing on the charge. The Secretary of 
Transportation may assess and collect any civil penalty 
incurred under this subsection and, in his discretion, may 
remit, mitigate, or compromise any penalty until the matter is 
referred to the Attorney General. If a person against whom a 
civil penalty is assessed under this subsection fails to pay 
that penalty, an action may be commenced in the district court 
of the United States for any district in which the violation 
occurs for such penalty.

                          ACT OF MARCH 3, 1899


SEC. 18. ALTERATION, REMOVAL, OR REPAIR OF BRIDGE OR ACCESSORY 
                    OBSTRUCTIONS TO NAVIGATION.

                            [33 U.S.C. 502]

  (a) Criminal Penalties for Violation; Alteration or Removal 
Requirements; Notice and Hearing; Specification of Changes; 
Time for Compliance; Notice to United States Attorney; 
Misdemeanor; Fine; New Offenses.--Whenever the Secretary of 
Transportation shall have good reason to believe that any 
railroad or other bridge now constructed, or which may 
hereafter be constructed, over any of the navigable waterways 
of the United States is an unreasonable obstruction to the free 
navigation of such waters on account of insufficient height, 
width of span, or otherwise, or where there is difficulty in 
passing the draw opening or the draw span of such bridge by 
rafts, steamboats, or other water craft, it shall be the duty 
of the said Secretary, first giving the parties reasonable 
opportunity to be heard, to give notice to the persons or 
corporations owning or controlling such bridge so to alter the 
same as to render navigation through or under it reasonably 
free, easy, and unobstructed; and in giving such notice he 
shall specify the changes that are required to be made, and 
shall prescribe in each case a reasonable time in which to make 
them. If at the end of such time the alteration has not been 
made, the Secretary of Transportation shall forthwith notify 
the United States district attorney for the district in which 
such bridge is situated, to the end that the criminal 
proceedings hereinafter mentioned may be taken. If the persons, 
corporation, or association owning or controlling any railroad 
or other bridge shall, after receiving notice to that effect, 
as hereinbefore required, from the Secretary of Transportation, 
and within the time prescribed by him willfully fail or refuse 
to remove the same or to comply with the lawful order of the 
Secretary of Transportation in the premises, such persons, 
corporation, or association shall be deemed guilty of a 
misdemeanor, and on conviction thereof shall be punished by a 
fine not exceeding $5,000, and every month such persons, 
corporation, or association shall remain in default in respect 
to the removal or alteration of such bridge shall be deemed a 
new offense, and subject the persons, corporation, or 
association so offending to the penalties above prescribed.
  (b) Proper Repair Requirement.--No owner or operator of any 
bridge, drawbridge, or causeway shall endanger, unreasonably 
obstruct, or make hazardous the free navigation of any 
navigable water of the United States by reason of the failure 
to keep the bridge, drawbridge, or causeway and any accessory 
works in proper repair.
  (c) Civil Penalties for Violation; Separate Offenses; Notice 
and Hearing; Assessment, Collection, and Remission; Civil 
Actions.--Whoever violates any provision of this section, or 
any order issued under this section, shall be liable to a civil 
penalty of not more than [$1,000.] 25,000. Each day a violation 
continues shall be deemed a separate offense. No penalty may be 
assessed under this subsection until the person charged is 
given notice and an opportunity for a hearing on the charge. 
The Secretary of Transportation may assess and collect any 
civil penalty incurred under this subsection and, in his 
discretion, may remit, mitigate, or compromise any penalty 
until the matter is referred to the Attorney General. If a 
person against whom a civil penalty is assessed under this 
subsection fails to pay that penalty, an action may be 
commenced in the district court of the United States for any 
district in which the violation occurs for such penalty.

           *       *       *       *       *       *       *


                          ACT OF JUNE 21, 1940


SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

                            [33 U.S.C. 518]

    (a) In General._There are hereby authorized to be 
appropriated such sums as may be necessary to carry out the 
provisions of this Act.
  (b) Unexpended Funds.--In addition to other uses permitted by 
law, upon completion of a bridge alteration project, unexpended 
funds previously appropriated or otherwise available for the 
completed project may be used to pay the Federal share of the 
design and construction costs for other bridge alteration 
projects authorized under this Act.

                       GENERAL BRIDGE ACT OF 1946


SEC. 510. PENALTIES FOR VIOLATIONS.

                            [33 U.S.C. 533]

    (a) Criminal Penalties for Violations.--Any person who 
willfully fails or refuses to comply with any lawful order of 
the Secretary of Transportation or the Chief of Engineers 
issued under the provisions of this title, or who willfully 
fails to comply with any specific condition imposed by the 
Chief of Engineers and the Secretary of Transportation relating 
to the maintenance and operation of bridges, or who willfully 
refuses to produce books, papers, or documents in obedience to 
a subpena or other lawful requirement under this title, or who 
otherwise willfully violates any provisions of this title, 
shall, upon conviction thereof, be punished by a fine of not to 
exceed $5,000 or by imprisonment for not more than one year, or 
by both such fine and imprisonment.
  (b) Civil Penalties for Violations; Separate Offenses; Notice 
and Hearing; Assessment, Collection, and Remission; Civil 
Actions.--Whoever violates any provision of this Act, or any 
order issued under this Act, shall be liable to a civil penalty 
of not more than [$1,000.] $25,000. Each day a violation 
continues shall be deemed a separate offense. No penalty may be 
assessed under this subsection until the person charged is 
given notice and an opportunity for a hearing on the charge. 
The Secretary of Transportation may assess and collect any 
civil penalty incurred under this subsection and, in his 
discretion, may remit, mitigate, or compromise any penalty 
until the matter is referred to the Attorney General. If a 
person against whom a civil penalty is assessed under this 
subsection fails to pay that penalty, an action may be 
commenced in the district court of the United States for any 
district in which the violation occurs for such penalty.

                     PORTS AND WATERWAYS SAFETY ACT


SEC. 4. VESSEL OPERATING REQUIREMENTS.

                            [33 U.S.C. 1223]

  (a) In General.--Subject to the requirements of section 5, 
the Secretary--
          (1) in any port or place under the jurisdiction of 
        the United States, in the navigable waters of the 
        United States, or in any area covered by an 
        international agreement negotiated pursuant to section 
        11, may construct, operate, maintain, improve, or 
        expand vessel traffic services, consisting of measures 
        for controlling or supervising vessel traffic or for 
        protecting navigation and the marine environment and 
        may include, but need not be limited to one or more of 
        the following: reporting and operating requirements, 
        surveillance and communications systems, routing 
        systems, and fairways;
          (2) shall require appropriate vessels which operate 
        in an area of a vessel traffic service to utilize or 
        comply with that service;
          (3) may require vessels to install and use specified 
        navigation equipment, communications equipment, 
        electronic relative motion analyzer equipment, or any 
        electronic or other device necessary to comply with a 
        vessel traffic service or which is necessary in the 
        interests of vessel safety: Provided, That the 
        Secretary shall not require fishing vessels under 300 
        gross tons as measured under section 14502 of title 46, 
        United States Code, or an alternate tonnage measured 
        under section 14302 of that title as prescribed by the 
        Secretary under section 14104 of that title or 
        recreational vessels 65 feet or less to possess or use 
        the equipment or devices required by this subsection 
        solely under the authority of this Act;
          (4) may control vessel traffic in areas subject to 
        the jurisdiction of the United States which the 
        Secretary determines to be hazardous, or under 
        conditions of reduced visibility, adverse weather, 
        vessel congestion, or other hazardous circumstances 
        by--
                  (A) specifying times of entry, movement, or 
                departure;
                  (B) establishing vessel traffic routing 
                schemes;
                  (C) establishing vessel size, speed, draft 
                limitations and vessel operating conditions; 
                and
                  (D) restricting operation, in any hazardous 
                area or under hazardous conditions, to vessels 
                which have particular operating characteristics 
                or capabilities which he considers necessary 
                for safe operation under the circumstances; 
                [and]
          (5) may require the receipt of prearrival messages 
        from any vessel, destined for a port or place subject 
        to the jurisdiction of the United States, in sufficient 
        time to permit advance vessel traffic planning prior to 
        port entry, which shall include any information which 
        is not already a matter of record and which the 
        Secretary determines necessary for the control of the 
        vessel and the safety of the port or the marine 
        [environment.] environment;
          (6) may prohibit the use of electronic or other 
        devices that interfere with communications and 
        navigation equipment;
          (7) may carry out the functions under paragraph (1) 
        of this subsection, at the Secretary's discretion and 
        on such terms and conditions as the Secretary deems 
        appropriate, either solely, or in cooperation with a 
        public or private agency, authority, association, 
        institution, corporation, organization or person, 
        except that a non-governmental entity may not carry out 
        an inherently governmental function; and
          (8) may, for the purpose of carrying out the 
        Secretary's functions under paragraph (1) of this 
        subsection, convey or lease real property under the 
        administrative control of the Coast Guard to public or 
        private agencies, authorities, associations, 
        institutions, corporations, organizations, or persons 
        for such consideration and upon such terms and 
        conditions as the Secretary considers appropriate, 
        except that the term of any such lease shall not exceed 
        20 years.
  (b) Special Powers.--The Secretary may order any vessel, in a 
port or place subject to the jurisdiction of the United States 
or in the navigable waters of the United States, to operate or 
anchor in a manner he directs if--
          (1) he has reasonable cause to believe such vessel 
        does not comply with any regulation issued under this 
        Act or any other applicable law or treaty;
          (2) he determines that such vessel does not satisfy 
        the conditions for port entry set forth in section 9; 
        or
          (3) by reason of weather, visibility, sea conditions, 
        port congestion, other hazardous circumstances, or the 
        condition of such vessel, he is satisfied that such 
        directive is justified in the interest of safety.
  (c) Port Access Routes.--
          (1) In order to provide safe access routes for the 
        movement of vessel traffic proceeding to or from ports 
        or places subject to the jurisdiction of the United 
        States, and subject to the requirements of paragraph 
        (3) hereof, the Secretary shall designate necessary 
        fairways and traffic separation schemes for vessels 
        operating in the territorial sea of the United States 
        and in high seas approaches, outside the territorial 
        sea, to such ports or places. Such a designation shall 
        recognize, within the designated area, the paramount 
        right of navigation over all other uses.
          (2) No designation may be made by the Secretary 
        pursuant to this subsection, if such a designation, as 
        implemented, would deprive any person of the effective 
        exercise of a right granted by a lease or permit 
        executed or issued under other applicable provisions of 
        law: Provided, That such right has become vested prior 
        to the time of publication of the notice required by 
        clause (A) of paragraph (3) hereof: Provided further, 
        That the determination as to whether the designation 
        would so deprive any such person shall be made by the 
        Secretary, after consultation with the responsible 
        official under whose authority the lease was executed 
        or the permit issued.
          (3) Prior to making a designation pursuant to 
        paragraph (1) hereof, and in accordance with the 
        requirements of section 5, the Secretary shall--
                  (A) within six months after date of enactment 
                of this Act (and may, from time to time 
                thereafter), undertake a study of the potential 
                traffic density and the need for safe access 
                routes for vessels in any area for which 
                fairways or traffic separation schemes are 
                proposed or which may otherwise be considered 
                and shall publish notice of such undertaking in 
                the Federal Register;
                  (B) in consultation with the Secretary of 
                State, the Secretary of the Interior, the 
                Secretary of Commerce, the Secretary of the 
                Army, and the Governors of affected States, as 
                their responsibilities may require, take into 
                account all other uses of the area under 
                consideration (including, as appropriate, the 
                exploration for, or exploitation of, oil, gas, 
                or other mineral resources, the construction or 
                operation of deepwater ports or other 
                structures on or above the seabed or subsoil of 
                the submerged lands or the Outer Continental 
                Shelf of the United States, the establishment 
                or operation of marine or estuarine 
                sanctuaries, and activities involving 
                recreational or commercial fishing); and
                  (C) to the extent practicable, reconcile the 
                need for safe access routes with the needs of 
                all other reasonable uses of the area involved.
          (4) In carrying out his responsibilities under 
        paragraph (3), the Secretary shall proceed 
        expeditiously to complete any study undertaken. 
        Thereafter, he shall promptly issue a notice of 
        proposed rulemaking for the designation contemplated or 
        shall have published in the Federal Register a notice 
        that no designation is contemplated as a result of the 
        study and the reason for such determination.
          (5) In connection with a designation made pursuant to 
        this subsection, the Secretary--
                  (A) shall issue reasonable rules and 
                regulations governing the use of such 
                designated areas, including the applicability 
                of rules 9 and 10 of the International 
                Regulations for Preventing Collisions at Sea, 
                1972, relating to narrow channels and traffic 
                separation schemes, respectively, in waters 
                where such regulations apply;
                  (B) to the extent that he finds reasonable 
                and necessary to effectuate the purposes of the 
                designation, make the use of designated 
                fairways and traffic separation schemes 
                mandatory for specific types and sizes of 
                vessels, foreign and domestic, operating in the 
                territorial sea of the United States and for 
                specific types and sizes of vessels of the 
                United States operating on the high seas beyond 
                the territorial sea of the United States;
                  (C) may, from time to time, as necessary, 
                adjust the location or limits of designated 
                fairways or traffic separation schemes, in 
                order to accommodate the needs of other uses 
                which cannot be reasonably accommodated 
                otherwise: Provided, That such an adjustment 
                will not, in the judgment of the Secretary, 
                unacceptably adversely affect the purpose for 
                which the existing designation was made and the 
                need for which continues; and
                  (D) shall, through appropriate channels, (i) 
                notify cognizant international organizations of 
                any designation, or adjustment thereof, and 
                (ii) take action to seek the cooperation of 
                foreign States in making it mandatory for 
                vessels under their control to use any fairway 
                or traffic separation scheme designated 
                pursuant to this subsection in any area of the 
                high seas, to the same extent as required by 
                the Secretary for vessels of the United States.
  (d) Exception.--Except pursuant to international treaty, 
convention, or agreement, to which the United States is a 
party, this Act shall not apply to any foreign vessel that is 
not destined for, or departing from, a port or place subject to 
the jurisdiction of the United States and that is in--
          (1) innocent passage through the territorial sea of 
        the United States, or
          (2) transit through the navigable waters of the 
        United States which form a part of an international 
        strait.
  (e) Special Provisions Relating to Subsection (a)(7) and 
(8).--
          (1) Definition of inherently governmental function.--
        For purposes of subsection (a)(7), the term 
        ``inherently governmental function'' means any activity 
        that is so intimately related to the public interest as 
        to mandate performance by an officer or employee of the 
        Federal Government, including an activity that requires 
        either the exercise of discretion in applyingthe 
authority of the Government or the use of judgment in making a decision 
for the Government.
          (2) Disposition of Proceeds from Conveyances and 
        Leases.--Amounts collected under subsection (a)(7) 
        shall be credited to a special fund in the Treasury and 
        ascribed to the Coast Guard. The amounts collected 
        shall be available to the Coast Guard's ``Operating 
        Expenses'' account without further appropriation and 
        without fiscal year limitation, and the amounts 
        appropriated from the general fund for that account 
        shall be reduced by the amounts so collected.
          (3) Nonapplication of Certain Acts.--A conveyance or 
        lease of real property under subsection (a)(8) is not 
        subject to subtitle I of title 40, United States Code, 
        or the Stewart B. McKinney Homeless Assistance Act (42 
        U.S.C. 11301 et seq.).

                  FEDERAL WATER POLLUTION CONTROL ACT

SEC. 311. OIL AND HAZARDOUS SUBSTANCES LIABILITY.

                            [33 U.S.C. 1321]

  (a) Definitions.--For the purpose of this section, the term--
          (1) ``oil'' means oil of any kind or in any form, 
        including, but not limited to, petroleum, fuel oil, 
        sludge, oil refuse, and oil mixed with wastes other 
        than dredged spoil;
          (2) ``discharge'' includes, but is not limited to, 
        any spilling, leaking, pumping, pouring, emitting, 
        emptying or dumping, but excludes (A) discharges in 
        compliance with a permit under section 402 of this Act, 
        (B) discharges resulting from circumstances identified 
        and reviewed and made a part of the public record with 
        respect to a permit issued or modified under section 
        402 of this Act, and subject to a condition in such 
        permit, [and] (C) continuous or anticipated 
        intermittent discharges from a point source, identified 
        in a permit or permit application under section 402 of 
        this Act, which are caused by events occurring within 
        the scope of relevant operating or treatment 
        systems[;], and (D) discharges incidental to mechanical 
        removal authorized by the President under subsection 
        (c) of this section;
          (3) ``vessel'' means every description of watercraft 
        or other artificial contrivance used, or capable of 
        being used, as a means of transportation on water other 
        than a public vessel;
          (4) ``public vessel'' means a vessel owned or 
        bareboat chartered and operated by the United States, 
        or by a State or political subdivision thereof, or by a 
        foreign nation, except when such vessel is engaged in 
        commerce;
          (5) ``United States'' means the States, the District 
        of Columbia, the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands, Guam, 
        American Samoa, the Virgin Islands, and the Trust 
        Territory of the Pacific Islands;
          (6) ``owner or operator'' means (A) in the case of a 
        vessel, any person owning, operating, or chartering by 
        demise, such vessel, and (B) in the case of an onshore 
        facility, and an offshore facility, any person owning 
        or operating such onshore facility or offshore 
        facility, and (C) in the case of any abandoned offshore 
        facility, the person who owned or operated such 
        facility immediately prior to such abandonment;
          (7) ``person'' includes an individual, firm, 
        corporation, association, and a partnership;
          (8) ``remove'' or ``removal'' refers to containment 
        and removal of the oil or hazardous substances from the 
        water and shorelines or the taking of such other 
        actions as may be necessary to prevent, minimize, or 
        mitigate damage to the public health or welfare, 
        including, but not limited to, fish, shellfish, 
        wildlife, and public and private property, shorelines 
        and beaches;
          (9) ``contiguous zone'' means the entire zone 
        established or to be established by the United States 
        under article 24 of the Convention on the Territorial 
        Sea and the Contiguous Zone;
          (10) ``onshore facility'' means any facility 
        (including, but not limited to, motor vehicles and 
        rolling stock) of any kind located in, on, or under, 
        any land within the United States other than submerged 
        land;
          (11) ``offshore facility'' means any facility of any 
        kind located in, on, or under, any of the navigable 
        waters of the United States, and any facility of any 
        kind which is subject to the jurisdiction of the United 
        States and is located in, on, or under any other 
        waters, other than a vessel or a public vessel;
          (12) ``act of God'' means an act occasioned by an 
        unanticipated grave natural disaster;
          (13) ``barrel'' means 42 United States gallons at 60 
        degrees Fahrenheit;
          (14) ``hazardous substance'' means any substance 
        designated pursuant to subsection (b)(2) of this 
        section;
          (15) ``inland oil barge'' means a non-self-propelled 
        vessel carrying oil in bulk as cargo and certificated 
        to operate only in the inland waters of the United 
        States, while operating in such waters;
          (16) ``inland waters of the United States'' means 
        those waters of the United States lying inside the 
        baseline from which the territorial sea is measured and 
        those waters outside such baseline which are a part of 
        the Gulf Intracoastal Waterway;
          (17) ``otherwise subject to the jurisdiction of the 
        United States'' means subject to the jurisdiction of 
        the United States by virtue of United States 
        citizenship, United States vessel documentation or 
        numbering, or as provided for by international 
        agreement to which the United States is a party;
          (18) ``Area Committee'' means an Area Committee 
        established under subsection (j);
          (19) ``Area Contingency Plan'' means an Area 
        Contingency Plan prepared under subsection (j);
          (20) ``Coast Guard District Response Group'' means a 
        Coast Guard District Response Group established under 
        subsection (j);
          (21) ``Federal On-Scene Coordinator'' means a Federal 
        On-Scene Coordinator designated in the National 
        Contingency Plan;
          (22) ``National Contingency Plan'' means the National 
        Contingency Plan prepared and published under 
        subsection (d);
          (23) ``National Response Unit'' means the National 
        Response Unit established under subsection (j);
          (24) ``worst case discharge'' means--
                  (A) in the case of a vessel, a discharge in 
                adverse weather conditions of its entire cargo; 
                and
                  (B) in the case of an offshore facility or 
                onshore facility, the largest foreseeable 
                discharge in adverse weather conditions; [and]
          (25) ``removal costs'' means--
                  (A) the costs of removal of oil or a 
                hazardous substance that are incurred after it 
                is discharged; and
                  (B) in any case in which there is a 
                substantial threat of a discharge of oil or a 
                hazardous substance, the costs to prevent, 
                minimize, or mitigate that [threat.] threat; 
                and
          (26) ``non-tank vessel'' means a self-propelled 
        vessel of 400 gross tons or greater, other than a tank 
        vessel, which carries oil of any kind as fuel for main 
        propulsion and that--
                  (A) is a vessel of the United States; or
                  (B) operates on the navigable waters of the 
                United States.
  (b) Congressional Declaration of Policy Against Discharges of 
Oil or Hazardous Substances; Designation of Hazardous 
Substances; Study of Higher Standard of Care Incentives and 
Report to Congress; Liability; Penalties; Civil Actions: 
Penalty Limitations, Separate Offenses, Jurisdiction, 
Mitigation of Damages and Costs, Recovery of Removal Costs, 
Alternative Remedies, and Withholding Clearance of Vessels.
          (1) The Congress hereby declares that it is the 
        policy of the United States that there should be no 
        discharges of oil or hazardous substances into or upon 
        the navigable waters of the United States, adjoining 
        shorelines, or into or upon the waters of the 
        contiguous zone, or in connection with activities under 
        the Outer Continental Shelf Lands Act or the Deepwater 
        Port Act of 1974, or which may affect natural resources 
        belonging to, appertaining to, or under the exclusive 
        management authority of the United States (including 
        resources under the Magnuson-Stevens Fishery 
        Conservation and Management Act of 1976).
          (2)(A) The Administrator shall develop, promulgate, 
        and revise as may be appropriate, regulations 
        designating as hazardous substances, other than oil as 
        defined in this section, such elements and compounds 
        which, when discharged in any quantity into or upon the 
        navigable waters of the United States or adjoining 
        shorelines or the waters of the contiguous zone or in 
        connection with activities under the Outer Continental 
        Shelf Lands Act or the Deepwater Port Act of 1974, or 
        which may affect natural resources belonging to, 
        appertaining to, or under the exclusive management 
        authority of the United States (including resources 
        under the Magnuson-Stevens Fishery Conservation and 
        Management Act of 1976), present an imminent and 
        substantial danger to the public health or welfare, 
        including, but not limited to, fish, shellfish, 
        wildlife, shorelines, and beaches.
          (B) The Administrator shall within 18 months after 
        the date of enactment of this paragraph, conduct a 
        study and report to the Congress on methods, 
        mechanisms, and procedures to create incentives to 
        achieve a higher standard of care in all aspects of the 
        management and movement of hazardous substances on the 
        part of owners, operators, or persons in charge of 
        onshore facilities, offshore facilities, or vessels. 
        The Administrator shall include in such study (1) 
        limits of liability, (2) liability for third party 
        damages, (3) penalties and fees, (4) spill prevention 
        plans, (5) current practices in the insurance and 
        banking industries, and (6) whether the penalty enacted 
        in subclause (bb) of clause (iii) of subparagraph (B) 
        of subsection (b)(2) of section 311 of Public Law 92-
        500 should be enacted.
          (3) The discharge of oil or hazardous substances (i) 
        into or upon the navigable waters of the United States, 
        adjoining shorelines, or into or upon the waters of the 
        contiguous zone, or (ii) in connection with activities 
        under the Outer Continental Shelf Lands Act or the 
        Deepwater Port Act of 1974, or which may affect natural 
        resources belonging to, appertaining to, or under the 
        exclusive management authority of the United States 
        (including resources under the Magnuson-Stevens Fishery 
        Conservation and Management Act of 1976), in such 
        quantities as may be harmful as determined by the 
        President under paragraph (4) of this subsection, is 
        prohibited, except (A) in the case of such discharges 
        into the waters of the contiguous zone or which may 
        affect natural resources belonging to, appertaining to, 
        or under the exclusive management authority of the 
        United States (including resources under the Magnuson-
        Stevens Fishery Conservation and Management Act of 
        1976), where permitted under the Protocol of 1978 
        Relating to the International Convention for the 
        Prevention of Pollution from Ships, 1973, and (B) where 
        permitted in quantities and at times and locations or 
        under such circumstances or conditions as the President 
        may, by regulation, determine not to be harmful. Any 
        regulations issued under this subsection shall be 
        consistent with maritime safety and with marine and 
        navigation laws and regulations and applicable water 
        quality standards.
          (4) The President shall by regulation determine for 
        the purposes of this section those quantities of oil 
        and any hazardous substances the discharge of which may 
        be harmful to the public health or welfare or the 
        environment of the United States, including but not 
        limited to fish, shellfish, wildlife, and public and 
        private property, shorelines, and beaches.
          (5) Any person in charge of a vessel or of an onshore 
        facility or an offshore facility shall, as soon as he 
        has knowledge of any discharge of oil or a hazardous 
        substance from such vessel or facility in violation of 
        paragraph (3) of this subsection, immediately notify 
        the appropriate agency of the United States Government 
        of such discharge. The Federal agency shall immediately 
        notify the appropriate State agency of any State which 
        is, or may reasonably be expected to be, affected by 
        the discharge of oil or a hazardous substance. Any such 
        person (A) in charge of a vessel from which oil or a 
        hazardous substance is discharged in violation of 
        paragraph (3)(i) of this subsection, or (B) in charge 
        of a vessel from which oil or a hazardous substance is 
        discharged in violation of paragraph (3)(ii) of this 
        subsection and who is otherwise subject to the 
        jurisdiction of the United States at the time of the 
        discharge, or (C) in charge of an onshore facility or 
        an offshore facility, who fails to notify immediately 
        such agency of such discharge shall, upon conviction,be 
fined in accordance with title 18, United States Code, or imprisoned 
for not more than 5 years, or both. Notification received pursuant to 
this paragraph shall not be used against any such natural person in any 
criminal case, except a prosecution for perjury or for giving a false 
statement.
          (6) Administrative penalties.--
                  (A) Violations.--Any owner, operator, or 
                person in charge of any vessel, onshore 
                facility, or offshore facility--
                          (i) from which oil or a hazardous 
                        substance is discharged in violation of 
                        paragraph (3), or
                          (ii) who fails or refuses to comply 
                        with any regulation issued under 
                        subsection (j) to which that owner, 
                        operator, or person in charge is 
                        subject, may be assessed a class I or 
                        class II civil penalty by the Secretary 
                        of the department in which the Coast 
                        Guard is operating or the 
                        Administrator.
                  (B) Classes of penalties.--
                          (i) Class i.--The amount of a class I 
                        civil penalty under subparagraph (A) 
                        may not exceed $10,000 per violation, 
                        except that the maximum amount of any 
                        class I civil penalty under this 
                        subparagraph shall not exceed $25,000. 
                        Before assessing a civil penalty under 
                        this clause, the Administrator or 
                        Secretary, as the case may be, shall 
                        give to the person to be assessed such 
                        penalty written notice of the 
                        Administrator's or Secretary's proposal 
                        to assess the penalty and the 
                        opportunity to request, within 30 days 
                        of the date the notice is received by 
                        such person, a hearing on the proposed 
                        penalty. Such hearing shall not be 
                        subject to section 554 or 556 of title 
                        5, United States Code, but shall 
                        provide a reasonable opportunity to be 
                        heard and to present evidence.
                          (ii) Class ii.--The amount of a class 
                        II civil penalty under subparagraph (A) 
                        may not exceed $10,000 per day for each 
                        day during which the violation 
                        continues; except that the maximum 
                        amount of any class II civil penalty 
                        under this subparagraph shall not 
                        exceed $125,000. Except as otherwise 
                        provided in this subsection, a class II 
                        civil penalty shall be assessed and 
                        collected in the same manner, and 
                        subject to the same provisions, as in 
                        the case of civil penalties assessed 
                        and collected after notice and 
                        opportunity for a hearing on the record 
                        in accordance with section 554 of title 
                        5, United States Code. The 
                        Administrator and Secretary may issue 
                        rules for discovery procedures for 
                        hearings under this paragraph.
                  (C) Rights of interested persons.--
                          (i) Public notice.--Before issuing an 
                        order assessing a class II civil 
                        penalty under this paragraph the 
                        Administrator or Secretary, as the case 
                        may be, shall provide public notice of 
                        and reasonable opportunity to comment 
                        on the proposed issuance of such order.
                          (ii) Presentation of evidence.--Any 
                        person who comments on a proposed 
                        assessment of a class II civil penalty 
                        under this paragraph shall be given 
                        notice of any hearing held under this 
                        paragraph and of the order assessing 
                        such penalty. In any hearing held under 
                        this paragraph, such person shall have 
                        a reasonable opportunity to be heard 
                        and to present evidence.
                          (iii) Rights of interested persons to 
                        a hearing.--If no hearing is held under 
                        subparagraph (B) before issuance of an 
                        order assessing a class II civil 
                        penalty under this paragraph, any 
                        person who commented on the proposed 
                        assessment may petition, within 30 days 
                        after the issuance of such order, the 
                        Administrator or Secretary, as the case 
                        may be, to set aside such order and to 
                        provide a hearing on the penalty. If 
                        the evidence presented by the 
                        petitioner in support of the petition 
                        is material and was not considered in 
                        the issuance of the order, the 
                        Administrator or Secretary shall 
                        immediately set aside such order and 
                        provide a hearing in accordance with 
                        subparagraph (B)(ii). If the 
                        Administrator or Secretary denies a 
                        hearing under this clause, the 
                        Administrator or Secretary shall 
                        provide to the petitioner, and publish 
                        in the Federal Register, notice of and 
                        the reasons for such denial.
                  (D) Finality of order.--An order assessing a 
                class II civil penalty under this paragraph 
                shall become final 30 days after its issuance 
                unless a petition for judicial review is filed 
                under subparagraph (G) or a hearing is 
                requested under subparagraph (C)(iii). If such 
                a hearing is denied, such order shall become 
                final 30 days after such denial.
                  (E) Effect of order.--Action taken by the 
                Administrator or Secretary, as the case may be, 
                under this paragraph shall not affect or limit 
                the Administrator's or Secretary's authority to 
                enforce any provision of this Act; except that 
                any violation--
                          (i) with respect to which the 
                        Administrator or Secretary has 
                        commenced and is diligently prosecuting 
                        an action to assess a class II civil 
                        penalty under this paragraph, or
                          (ii) for which the Administrator or 
                        Secretary has issued a final order 
                        assessing a class II civil penalty not 
                        subject to further judicial review and 
                        the violator has paid a penalty 
                        assessed under this paragraph, shall 
                        not be the subject of a civil penalty 
                        action under section 309(d), 309(g), or 
                        505 of this Act or under paragraph (7).
                  (F) Effect of action on compliance.--No 
                action by the Administrator or Secretary under 
                this paragraph shall affect any person's 
                obligation to comply with any section of this 
                Act.
                  (G) Judicial review.--Any person against whom 
                a civil penalty is assessed under this 
                paragraph or who commented on the proposed 
                assessment of such penalty in accordance with 
                subparagraph (C) may obtain review of such 
                assessment--
                          (i) in the case of assessment of a 
                        class I civil penalty, in the United 
                        States District Court for the District 
                        of Columbia or in the district in which 
                        the violation is alleged to have 
                        occurred, or
                          (ii) in the case of assessment of a 
                        class II civil penalty, in United 
                        States Court of Appeals for the 
                        District of Columbia Circuit or for any 
                        other circuit in which such person 
                        resides or transacts business, by 
                        filing a notice of appeal in such court 
                        within the 30-day period beginning on 
                        the date the civil penalty order is 
                        issued and by simultaneously sending a 
                        copy of such notice by certified mail 
                        to the Administrator or Secretary, as 
                        the case may be, and the Attorney 
                        General. The Administrator or Secretary 
                        shall promptly file in such court a 
                        certified copy of the record on which 
                        the order was issued. Such court shall 
                        not set aside or remand such order 
                        unless there is not substantial 
                        evidence in the record, taken as a 
                        whole, to support the finding of a 
                        violation or unless the Administrator's 
                        or Secretary's assessment of the 
                        penalty constitutes an abuse of 
                        discretion and shall not impose 
                        additional civil penalties for the same 
                        violation unless the Administrator's or 
                        Secretary's assessment of the penalty 
                        constitutes an abuse of discretion.
                  (H) Collection.--If any person fails to pay 
                an assessment of a civil penalty--
                          (i) after the assessment has become 
                        final, or
                          (ii) after a court in an action 
                        brought under subparagraph (G) has 
                        entered a final judgment in favor of 
                        the Administrator or Secretary, as the 
                        case may be, the Administrator or 
                        Secretary shall request the Attorney 
                        General to bring a civil action in an 
                        appropriate district court to recover 
                        the amount assessed (plus interest at 
                        currently prevailing rates from the 
                        date of the final order or the date of 
                        the final judgment, as the case may 
                        be). In such an action, the validity, 
                        amount, and appropriateness of such 
                        penalty shall not be subject to review. 
                        Any person who fails to pay on a timely 
                        basis the amount of an assessment of a 
                        civil penalty as described in the first 
                        sentence of this subparagraph shall be 
                        required to pay, in addition to such 
                        amount and interest, attorneys fees and 
                        costs for collection proceedings and a 
                        quarterly nonpayment penalty for each 
                        quarter during which such failure to 
                        pay persists. Such nonpayment penalty 
                        shall be in an amount equal to 20 
                        percent of the aggregate amount of such 
                        person's penalties and nonpayment 
                        penalties which are unpaid as of the 
                        beginning of such quarter.
                  (I) Subpoenas.--The Administrator or 
                Secretary, as the case may be, may issue 
                subpoenas for the attendance and testimony of 
                witnesses and the production of relevant 
                papers, books, or documents in connection with 
                hearings under this paragraph. In case of 
                contumacy or refusal to obey a subpoena issued 
                pursuant to this subparagraph and served upon 
                any person, the district court of the United 
                States for any district in which such person is 
                found, resides, or transacts business, upon 
                application by the United States and after 
                notice to such person, shall have jurisdiction 
                to issue an order requiring such person to 
                appear and give testimony before the 
                administrative law judge or to appear and 
                produce documents before the administrative law 
                judge, or both, and any failure to obey such 
                order of the court may be punished by such 
                court as a contempt thereof.
          (7) Civil penalty action.--
                  (A) Discharge, generally.--Any person who is 
                the owner, operator, or person in charge of any 
                vessel, onshore facility, or offshore facility 
                from which oil or a hazardous substance is 
                discharged in violation of paragraph (3), shall 
                be subject to a civil penalty in an amount up 
                to $25,000 per day of violation or an amount up 
                to $1,000 per barrel of oil or unit of 
                reportable quantity of hazardous substances 
                discharged.
                  (B) Failure to remove or comply.--Any person 
                described in subparagraph (A) who, without 
                sufficient cause--
                          (i) fails to properly carry out 
                        removal of the discharge under an order 
                        of the President pursuant to subsection 
                        (c); or
                          (ii) fails to comply with an order 
                        pursuant to subsection (e)(1)(B); shall 
                        be subject to a civil penalty in an 
                        amount up to $25,000 per day of 
                        violation or an amount up to 3 times 
                        the costs incurred by the Oil Spill 
                        Liability Trust Fund as a result of 
                        such failure.
                  (C) Failure to comply with regulation.--Any 
                person who fails or refuses to comply with any 
                regulation issued under subsection (j) shall be 
                subject to a civil penalty in an amount up to 
                $25,000 per day of violation.
                  (D) Gross negligence.--In any case in which a 
                violation of paragraph (3) was the result of 
                gross negligence or willful misconduct of a 
                person described in subparagraph (A), the 
                person shall be subject to a civil penalty of 
                not less than $100,000, and not more than 
                $3,000 per barrel of oil or unit of reportable 
                quantity of hazardous substance discharged.
                  (E) Jurisdiction.--An action to impose a 
                civil penalty under this paragraph may be 
                brought in the district court of the United 
                States for the district in which the defendant 
                is located, resides, or is doing business, and 
                such court shall have jurisdiction to assess 
                such penalty.
                  (F) Limitation.--A person is not liable for a 
                civil penalty under this paragraph for a 
                discharge if the person has been assessed a 
                civil penalty under paragraph (6) for the 
                discharge.
          (8) Determination of amount.--In determining the 
        amount of a civil penalty under paragraphs (6) and (7), 
        the Administrator, Secretary, or the court, as the case 
        may be, shall consider the seriousness of the violation 
        or violations, the economic benefit to the violator, if 
        any, resulting from the violation, the degree of 
        culpability involved, any other penalty for the same 
        incident, any history of prior violations, the nature, 
        extent, and degree of success of any efforts of the 
        violator to minimize or mitigate the effects of the 
        discharge, the economic impact of the penalty on the 
        violator, and any other matters as justice may require.
          (9) Mitigation of damage.--In addition to 
        establishing a penalty for the discharge of oil or a 
        hazardous substance, the Administrator or the Secretary 
        of the department in which the Coast Guard is operating 
        may act to mitigate the damage to the public health or 
        welfare caused by such discharge. The cost of such 
        mitigation shall be deemed a cost incurred under 
        subsection (c) of this section for the removal of such 
        substance by the United States Government.
          (10) Recovery of removal costs.--Any costs of removal 
        incurred in connection with a discharge excluded by 
        subsection (a)(2)(C) of this section shall be 
        recoverable from the owner or operator of the source of 
        the discharge in an action brought under section 309(b) 
        of this Act.
          (11) Limitation.--Civil penalties shall not be 
        assessed under both this section and section 309 for 
        the same discharge.
          (12) Withholding clearance.--If any owner, operator, 
        or person in charge of a vessel is liable for a civil 
        penalty under this subsection, or if reasonable cause 
        exists to believe that the owner, operator, or person 
        in charge may be subject to a civil penalty under this 
        subsection, the Secretary of the Treasury, upon the 
        request of the Secretary of the department in which the 
        Coast Guard is operating or the Administrator, shall 
        with respect to such vessel refuse or revoke--
                  (A) the clearance required by section 4197 of 
                the Revised Statutes of the United States (46 
                U.S.C. App. 91);
                  (B) a permit to proceed under as applicable. 
                Clearance or a permit refused or revoked under 
                this paragraph may be granted upon the filing 
                of a bond or other surety satisfactory to the 
                Secretary of the department in which the Coast 
                Guard is operating or the Administrator.
  (c) Federal Removal Authority.--
          (1) General removal requirement.--
                  (A) The President shall, in accordance with 
                the National Contingency Plan and any 
                appropriate Area Contingency Plan, ensure 
                effective and immediate removal of a discharge, 
                and mitigation or prevention of a substantial 
                threat of a discharge, of oil or a hazardous 
                substance--
                          (i) into or on the navigable waters;
                          (ii) on the adjoining shorelines to 
                        the navigable waters;
                          (iii) into or on the waters of the 
                        exclusive economic zone; or
                          (iv) that may affect natural 
                        resources belonging to, appertaining 
                        to, or under the exclusive management 
                        authority of the United States.
                  (B) In carrying out this paragraph, the 
                President may--
                          (i) remove or arrange for the removal 
                        of a discharge, and mitigate or prevent 
                        a substantial threat of a discharge, at 
                        any time;
                          (ii) direct or monitor all Federal, 
                        State, and private actions to remove a 
                        discharge; and
                          (iii) remove and, if necessary, 
                        destroy a vessel discharging, or 
                        threatening to discharge, by whatever 
                        means are available.
          (2) Discharge posing substantial threat to public 
        health or welfare.--
                  (A) If a discharge, or a substantial threat 
                of a discharge, of oil or a hazardous substance 
                from a vessel, offshore facility, or onshore 
                facility is of such a size or character as to 
                be a substantial threat to the public health or 
                welfare of the United States (including but not 
                limited to fish, shellfish, wildlife, other 
                natural resources, and the public and private 
                beaches and shorelines of the United States), 
                the President shall direct all Federal, State, 
                and private actions to remove the discharge or 
                to mitigate or prevent the threat of the 
                discharge.
                  (B) In carrying out this paragraph, the 
                President may, without regard to any other 
                provision of law governing contracting 
                procedures or employment of personnel by the 
                Federal Government--
                          (i) remove or arrange for the removal 
                        of the discharge, or mitigate or 
                        prevent the substantial threat of the 
                        discharge; and
                          (ii) remove and, if necessary, 
                        destroy a vessel discharging, or 
                        threatening to discharge, by whatever 
                        means are available.
          (3) Actions in accordance with national contingency 
        plan.--
                  (A) Each Federal agency, State, owner or 
                operator, or other person participating in 
                efforts under this subsection shall act in 
                accordance with the National Contingency Plan 
                or as directed by the President.
                  (B) An owner or operator participating in 
                efforts under this subsection shall act in 
                accordance with the National Contingency Plan 
                and the applicable response plan required under 
                subsection (j), or as directed by the 
                President, except that the owner or operator 
                may deviate from the applicable response plan 
                if the President or the Federal On-Scene 
                Coordinator determines that deviation from the 
                response plan would provide for a more 
                expeditious or effective response to the spill 
                or mitigation of its environmental effects.
          (4) Exemption from liability.--
                  (A) A person is not liable for removal costs 
                or damages which result from actions taken or 
                omitted to be taken in the course of rendering 
                care, assistance, or advice consistent with the 
                National Contingency Plan or as otherwise 
                directed by the President relating to a 
                discharge or a substantial threat of a 
                discharge of oil or a hazardous substance.
                  (B) Subparagraph (A) does not apply--
                          (i) to a responsible party;
                          (ii) to a response under the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 
                        (42 U.S.C. 9601 et seq.);
                          (iii) with respect to personal injury 
                        or wrongful death; or
                          (iv) if the person is grossly 
                        negligent or engages in willful 
                        misconduct.
                  (C) A responsible party is liable for any 
                removal costs and damages that another person 
                is relieved of under subparagraph (A).
          (5) Obligation and liability of owner or operator not 
        affected.--Nothing in this subsection affects--
                  (A) the obligation of an owner or operator to 
                respond immediately to a discharge, or the 
                threat of a discharge, of oil; or
                  (B) the liability of a responsible party 
                under the Oil Pollution Act of 1990.
          (6) Responsible party defined.--For purposes of this 
        subsection, the term ``responsible party'' has the 
        meaning given that term under section 1001 of the Oil 
        Pollution Act of 1990.
  (d) National Contingency Plan.--
          (1) Preparation by president.--The President shall 
        prepare and publish a National Contingency Plan for 
        removal of oil and hazardous substances pursuant to 
        this section.
          (2) Contents.--The National Contingency Plan shall 
        provide for efficient, coordinated, and effective 
        action to minimize damage from oil and hazardous 
        substance discharges, including containment, dispersal, 
        and removal of oil and hazardous substances, and shall 
        include, but not be limited to, the following:
                  (A) Assignment of duties and responsibilities 
                among Federal departments and agencies in 
                coordination with State and local agencies and 
                port authorities including, but not limited to, 
                water pollution control and conservation and 
                trusteeship of natural resources (including 
                conservation of fish and wildlife).
                  (B) Identification, procurement, maintenance, 
                and storage of equipment and supplies.
                  (C) Establishment or designation of Coast 
                Guard strike teams, consisting of--
                          (i) personnel who shall be trained, 
                        prepared, and available to provide 
                        necessary services to carry out the 
                        National Contingency Plan;
                          (ii) adequate oil and hazardous 
                        substance pollution control equipment 
                        and material; and
                          (iii) a detailed oil and hazardous 
                        substance pollution and prevention 
                        plan, including measures to protect 
                        fisheries and wildlife.
                  (D) A system of surveillance and notice 
                designed to safeguard against as well as ensure 
                earliest possible notice of discharges of oil 
                and hazardous substances and imminent threats 
                of such discharges to the appropriate State and 
                Federal agencies.
                  (E) Establishment of a national center to 
                provide coordination and direction for 
                operations in carrying out the Plan.
                  (F) Procedures and techniques to be employed 
                in identifying, containing, dispersing, and 
                removing oil and hazardous substances.
                  (G) A schedule, prepared in cooperation with 
                the States, identifying--
                          (i) dispersants, other chemicals, and 
                        other spill mitigating devices and 
                        substances, if any, that may be used in 
                        carrying out the Plan,
                          (ii) the waters in which such 
                        dispersants, other chemicals, and other 
                        spill mitigating devices and substances 
                        may be used, and
                          (iii) the quantities of such 
                        dispersant, other chemicals, or other 
                        spill mitigating device or substance 
                        which can be used safely in such 
                        waters, which schedule shall provide in 
                        the case of any dispersant, chemical, 
                        spill mitigating device or substance, 
                        or waters not specifically identified 
                        in such schedule that the President, or 
                        his delegate, may, on a case-by-case 
                        basis, identify the dispersants, other 
                        chemicals, and other spill mitigating 
                        devices and substances which may be 
                        used, the waters in which they may be 
                        used, and the quantities which can be 
                        used safely in such waters.
                  (H) A system whereby the State or States 
                affected by a discharge of oil or hazardous 
                substance may act where necessary to remove 
                such discharge and such State or States may be 
                reimbursed in accordance with the Oil Pollution 
                Act of 1990, in the case of any discharge of 
                oil from a vessel or facility, for the 
                reasonable costs incurred for that removal, 
                from the Oil Spill Liability Trust Fund.
                  (I) Establishment of criteria and procedures 
                to ensure immediate and effective Federal 
                identification of, and response to, a 
                discharge, or the threat of a discharge, that 
                results in a substantial threat to the public 
                health or welfare of the United States, as 
                required under subsection (c)(2).
                  (J) Establishment of procedures and standards 
                for removing a worst case discharge of oil, and 
                for mitigating or preventing a substantial 
                threat of such a discharge.
                  (K) Designation of the Federal official who 
                shall be the Federal On-Scene Coordinator for 
                each area for which an Area Contingency Plan is 
                required to be prepared under subsection (j).
                  (L) Establishment of procedures for the 
                coordination of activities of--
                          (i) Coast Guard strike teams 
                        established under subparagraph (C);
                          (ii) Federal On-Scene Coordinators 
                        designated under subparagraph (K);
                          (iii) District Response Groups 
                        established under subsection (j); and
                          (iv) Area Committees established 
                        under subsection (j).
                  (M) A fish and wildlife response plan, 
                developed in consultation with the United 
                States Fish and Wildlife Service, the National 
                Oceanic and Atmospheric Administration, and 
                other interested parties (including State fish 
                and wildlife conservation officials), for the 
                immediate and effective protection, rescue, and 
                rehabilitation of, and the minimization of risk 
                of damage to, fish and wildlife resources and 
                their habitat that are harmed or that may be 
                jeopardized by a discharge.
          (3) Revisions and amendments.--The President may, 
        from time to time, as the President deems advisable, 
        revise or otherwise amend the National Contingency 
        Plan.
          (4) Actions in accordance with national contingency 
        plan.--After publication of the National Contingency 
        Plan, the removal of oil and hazardous substances and 
        actions to minimize damage from oil and hazardous 
        substance discharges shall, to the greatest extent 
        possible, be in accordance with the National 
        Contingency Plan.
  (e) Civil Enforcement.--
          (1) Orders protecting public health.--In addition to 
        any action taken by a State or local government, when 
        the President determines that there may be an imminent 
        and substantial threat to the public health or welfare 
        of the United States, including fish, shellfish, and 
        wildlife, public and private property, shorelines, 
        beaches, habitat, and other living and nonliving 
        natural resources under the jurisdiction or control of 
        the United States, because of an actual or threatened 
        discharge of oil or a hazardous substance from a vessel 
        or facility in violation of subsection (b), the 
        President may--
                  (A) require the Attorney General to secure 
                any relief from any person, including the owner 
                or operator of the vessel or facility, as may 
                be necessary to abate such endangerment; or
                  (B) after notice to the affected State, take 
                any other action under this section, including 
                issuing administrative orders, that may be 
                necessary to protect the public health and 
                welfare.
          (2) Jurisdiction of district courts.--The district 
        courts of the United States shall have jurisdiction to 
        grant any relief under this subsection that the public 
        interest and the equities of the case may require.
  (f) Liability for Actual Costs of Removal.--
          (1) Except where an owner or operator can prove that 
        a discharge was caused solely by (A) an act of God, (B) 
        an act of war, (C) negligence on the part of the United 
        States Government, or (D) an act or omission of a third 
        party without regard to whether any such act or 
        omission was or was not negligent, or any combination 
        of the foregoing clauses, such owner or operator of any 
        vessel from which oil or a hazardous substance is 
        discharged in violation of subsection (b)(3) of this 
        section shall, not withstanding any other provision of 
        law, be liable to the United States Government for the 
        actual costs incurred under subsection (c) for the 
        removal of such oil or substance by the United States 
        Government in an amount not to exceed in the case of an 
        inland oil barge $125 per gross ton of such barge, or 
        $125,000, whichever is greater, and in the case of any 
        other vessel, $150 per gross ton of such vessel (or, 
        for a vessel carrying oil or hazardous substances as 
        cargo, $250,000), whichever is greater, except that 
        where the United States can show that such discharge 
        was the result of willful negligence or willful 
        misconduct within the privity and knowledge of the 
        owner, such owner or operator shall be liable to the 
        United States Government for the full amount of such 
        costs. Such costs shall constitute a maritime lien on 
        such vessel which may be recovered in an action in rem 
        in the district court of the United States for any 
        district within which any vessel may be found. The 
        United States may also bring an action against the 
        owner or operator of such vessel in any court of 
        competent jurisdiction to recover such costs.
          (2) Except where an owner or operator of an onshore 
        facility can prove that a discharge was caused solely 
        by (A) an act of God, (B) an act of war, (C) negligence 
        on the part of the United States Government, or (D) an 
        act or omission of a third party without regard to 
        whether any such act or omission was or was not 
        negligent, or any combination of the foregoing clauses, 
        such owner or operator of any such facility from which 
        oil or a hazardous substance is discharged in violation 
        of subsection (b)(3) of this section shall be liable to 
        the United States Government for the actual costs 
        incurred under subsection (c) for the removal of such 
        oil or substance by the United States Government in an 
        amount not to exceed $50,000,000, except that where the 
        United States can show that such discharge was the 
        result of willful negligence or willful misconduct 
        within the privity and knowledge of the owner, such 
        owner or operator shall be liable to the United States 
        Government for the full amount of such costs. The 
        United States may bring an action against the owner 
oroperator of such facility in any court of competent jurisdiction to 
recover such costs. The Administrator is authorized, by regulation, 
after consultation with the Secretary of Commerce and the Small 
Business Administration, to establish reasonable and equitable 
classifications of those onshore facilities having a total fixed 
storage capacity of 1,000 barrels or less which he determines because 
of size, type, and location do not present a substantial risk of the 
discharge of oil or a hazardous substance in violation of subsection 
(b)(3) of this section, and apply with respect to such classifications 
differing limits of liability which may be less than the amount 
contained in this paragraph.
          (3) Except where an owner or operator of an offshore 
        facility can prove that a discharge was caused solely 
        by (A) an act of God, (B) an act of war, (C) negligence 
        on the part of the United States Government, or (D) an 
        act or omission of a third party without regard to 
        whether any such act or omission was or was not 
        negligent, or any combination of the foregoing clauses, 
        such owner or operator of any such facility from which 
        oil or a hazardous substance is discharged in violation 
        of subsection (b)(3) of this section shall, 
        notwithstanding any other provision of law, be liable 
        to the United States Government for the actual costs 
        incurred under subsection (c) for the removal of such 
        oil or substance by the United States Government in an 
        amount not to exceed $50,000,000 except that where the 
        United States can show that such discharge was the 
        result of willful negligence or willful misconduct 
        within the privity and knowledge of the owner, such 
        owner or operator shall be liable to the United States 
        Government for the full amount of such costs. The 
        United States may bring an action against the owner or 
        operator of such a facility in any court of competent 
        jurisdiction to recover such costs.
          (4) The costs of removal of oil or a hazardous 
        substance for which the owner or operator of a vessel 
        or onshore or offshore facility is liable under 
        subsection (f) of this section shall include any costs 
        or expenses incurred by the Federal Government or any 
        State government in the restoration or replacement of 
        natural resources damaged or destroyed as a result of a 
        discharge of oil or a hazardous substance in violation 
        of subsection (b) of this section.
          (5) The President, or the authorized representative 
        of any State, shall act on behalf of the public as 
        trustee of the natural resources to recover for the 
        costs of replacing or restoring such resources. Sums 
        recovered shall be used to restore, rehabilitate, or 
        acquire the equivalent of such natural resources by the 
        appropriate agencies of the Federal Government, or the 
        State government.
  (g) Third Party Liability.--Where the owner or operator of a 
vessel (other than an inland oil barge) carrying oil or 
hazardous substances as cargo or an onshore or offshore 
facility which handles or stores oil or hazardous substances in 
bulk, from which oil or a hazardous substance is discharged in 
violation of subsection (b) of this section, alleges that such 
discharge was caused solely by an act or omission of a third 
party, such owner or operator shall pay to the United States 
Government the actual costs incurred under subsection (c) for 
removal of such oil or substance and shall be entitled by 
subrogation to all rights of the United States Government to 
recover such costs from such third party under this subsection. 
In any case where an owner or operator of a vessel, of an 
onshore facility, or of an offshore facility, from which oil or 
a hazardous substance is discharged in violation of subsection 
(b)(3) of this section, proves that such discharge of oil or 
hazardous substance was caused solely by an act or omission of 
a third party, or was caused solely by such an act or omission 
in combination with an act of God, an act of war, or negligence 
on the part of the United States Government, such third party 
shall, notwithstanding any other provision of law, be liable to 
the United States Government for the actual costs incurred 
under subsection (c) for removal of such oil or substance by 
the United States Government, except where such third party can 
prove that such discharge was caused solely by (A) an act of 
God, (B) an act of war, (C) negligence on the part of the 
United States Government, or (D) an act or omission of another 
party without regard to whether such act or omission was or was 
not negligent, or any combination of the foregoing clauses. If 
such third party was the owner or operator of a vessel which 
caused the discharge of oil or a hazardous substance in 
violation of subsection (b)(3) of this section, the liability 
of such third party under this subsection shall not exceed, in 
the case of an inland oil barge $125 per gross ton of such 
barge, or $125,000, whichever is greater, and in the case of 
any other vessel, $150 per gross ton of such vessel (or, for a 
vessel carrying oil or hazardous substances as cargo, 
$250,000), whichever is greater. In any other case the 
liability of such third party shall not exceed the limitation 
which would have been applicable to the owner or operator of 
the vessel or the onshore or offshore facility from which the 
discharge actually occurred if such owner or operator were 
liable. If the United States can show that the discharge of oil 
or a hazardous substance in violation of subsection (b)(3) of 
this section was the result of willful negligence or willful 
misconduct within the privity and knowledge of such third 
party, such third party shall be liable to the United States 
Government for the full amount of such removal costs. The 
United States may bring an action against the third party in 
any court of competent jurisdiction to recover such removal 
costs.
  (h) Rights Against Third Parties Who Caused or Contributed To 
Discharge.--The liabilities established by this section shall 
in no way affect any rights which (1) the owner or operator of 
a vessel or of an onshore facility or an offshore facility may 
have against any third party whose acts may in any way have 
caused or contributed to such discharge, or (2) The United 
States Government may have against any third party whose 
actions may in any way have caused or contributed to the 
discharge of oil or hazardous substance.
  (i) Recovery of Removal Costs.--In any case where an owner or 
operator of a vessel or an onshore facility or an offshore 
facility from which oil or a hazardous substance is discharged 
in violation of subsection (b)(3) of this section acts to 
remove such oil or substance in accordance with regulations 
promulgated pursuant to this section, such owner or operator 
shall be entitled to recover the reasonable costs incurred in 
such removal upon establishing, in a suit which may be brought 
against the United States Government in the United States 
Claims Court, that such discharge was caused solely by (A) an 
act of God, (B) an act of war, (C) negligence on the part of 
the United States Government, or (D) an act or omission of a 
third party without regard to whether such act or omission was 
or was not negligent, or of any combination of the foregoing 
causes.
  (j) National Response System.--
          (1) In general.--Consistent with the National 
        Contingency Plan required by subsection (c)(2) of this 
        section, as soon as practicable after the effective 
        date of this section, and from time to time thereafter, 
        the President shall issue regulations consistent with 
        maritime safety and with marine and navigation laws (A) 
        establishing methods and procedures for removal of 
        discharged oil and hazardous substances, (B) 
        establishing criteria for the development and 
        implementation of local and regional oil and hazardous 
        substance removal contingency plans, (C) establishing 
        procedures, methods, and equipment and other 
        requirements for equipment to prevent discharges of oil 
        and hazardous substances from vessels and from onshore 
        facilities and offshore facilities, and to contain such 
        discharges, and (D) governing the inspection of vessels 
        carrying cargoes of oil and hazardous substances and 
        the inspection of such cargoes in order to reduce the 
        likelihood of discharges of oil from vessels in 
        violation of this section.
          (2) National response unit.--The Secretary of the 
        department in which the Coast Guard is operating shall 
        establish a National Response Unit at Elizabeth City, 
        North Carolina. The Secretary, acting through the 
        National Response Unit--
                  (A) shall compile and maintain a 
                comprehensive computer list of spill removal 
                resources, personnel, and equipment that is 
                available worldwide and within the areas 
                designated by the President pursuant to 
                paragraph (4), and of information regarding 
                previous spills, including data from 
                universities, research institutions, State 
                governments, and other nations, as appropriate, 
                which shall be disseminated as appropriate to 
                response groups and area committees, and which 
                shall be available to Federal and State 
                agencies and the public;
                  (B) shall provide technical assistance, 
                equipment, and other resources requested by a 
                Federal On- Scene Coordinator;
                  (C) shall coordinate use of private and 
                public personnel and equipment to remove a 
                worst case discharge, and to mitigate or 
                prevent a substantial threat of such a 
                discharge, from a vessel, offshore facility, or 
                onshore facility operating in or near an area 
                designated by the President pursuant to 
                paragraph (4);
                  (D) may provide technical assistance in the 
                preparation of Area Contingency Plans required 
                under paragraph (4);
                  (E) shall administer Coast Guard strike teams 
                established under the National Contingency 
                Plan;
                  (F) shall maintain on file all Area 
                Contingency Plans approved by the President 
                under this subsection; and
                  (G) shall review each of those plans that 
                affects its responsibilities under this 
                subsection.
          (3) Coast guard district response groups.--
                  (A) The Secretary of the department in which 
                the Coast Guard is operating shall establish in 
                each Coast Guard district a Coast Guard 
                District Response Group.
                  (B) Each Coast Guard District Response Group 
                shall consist of--
                          (i) the Coast Guard personnel and 
                        equipment, including firefighting 
                        equipment, of each port within the 
                        district;
                          (ii) additional prepositioned 
                        equipment; and
                          (iii) a district response advisory 
                        staff.
                  (C) Coast Guard district response groups--
                          (i) shall provide technical 
                        assistance, equipment, and other 
                        resources when required by a Federal 
                        On-Scene Coordinator;
                          (ii) shall maintain all Coast Guard 
                        response equipment within its district;
                          (iii) may provide technical 
                        assistance in the preparation of Area 
                        Contingency Plans required under 
                        paragraph (4); and
                          (iv) shall review each of those plans 
                        that affect its area of geographic 
                        responsibility.
          (4) Area committees and area contingency plans.--
                  (A) There is established for each area 
                designated by the President an Area Committee 
                comprised of members appointed by the President 
                from qualified personnel of Federal, State, and 
                local agencies.
                  (B) Each Area Committee, under the direction 
                of the Federal On-Scene Coordinator for its 
                area, shall--
                          (i) prepare for its area the Area 
                        Contingency Plan required under 
                        subparagraph (C);
                          (ii) work with State and local 
                        officials to enhance the contingency 
                        planning of those officials and to 
                        assure preplanning of joint response 
                        efforts, including appropriate 
                        procedures for mechanical recovery, 
                        dispersal, shoreline cleanup, 
                        protection of sensitive environmental 
                        areas, and protection, rescue, and 
                        rehabilitation of fisheries and 
                        wildlife; and
                          (iii) work with State and local 
                        officials to expedite decisions for the 
                        use of dispersants and other mitigating 
                        substances and devices.
                  (C) Each Area Committee shall prepare and 
                submit to the President for approval an Area 
                Contingency Plan for its area. The Area 
                Contingency Plan shall--
                          (i) when implemented in conjunction 
                        with the National Contingency Plan, be 
                        adequate to remove a worst case 
                        discharge, and to mitigate or prevent a 
                        substantial threat of such a discharge, 
                        from a vessel, offshore facility, or 
                        onshore facility operating in or near 
                        the area;
                          (ii) describe the area covered by the 
                        plan, including the areas of special 
                        economic or environmental importance 
                        that might be damaged by a discharge;
                          (iii) describe in detail the 
                        responsibilities of an owner or 
                        operator and of Federal, State, and 
                        local agencies in removing a discharge, 
                        and in mitigating or preventing a 
                        substantial threat of a discharge;
                          (iv) list the equipment (including 
                        firefighting equipment), dispersants or 
                        other mitigating substances and 
                        devices, and personnel available to an 
                        owner or operator and Federal, State, 
                        and local agencies, to ensure an 
                        effective and immediate removal of a 
                        discharge, and to ensure mitigation or 
                        prevention of a substantial threat of a 
                        discharge;
                          (v) compile a list of local 
                        scientists, both inside and outside 
                        Federal Government service, with 
                        expertise in the environmental effects 
                        of spills of the types of oil typically 
                        transported in the area, who may be 
                        contacted to provide information or, 
                        where appropriate, participate in 
                        meetings of the scientific support team 
                        convened in response to a spill, and 
                        describe the procedures to be followed 
                        for obtaining an expedited decision 
                        regarding the use of dispersants;
                          (vi) describe in detail how the plan 
                        is integrated into other Area 
                        Contingency Plans and vessel, offshore 
                        facility, and onshore facility response 
                        plans approved under this subsection, 
                        and into operating procedures of the 
                        National Response Unit;
                          (vii) include any other information 
                        the President requires; and
                          (viii) be updated periodically by the 
                        Area Committee.
                  (D) The President shall--
                          (i) review and approve Area 
                        Contingency Plans under this paragraph; 
                        and
                          (ii) periodically review Area 
                        Contingency Plans so approved.
          [(5) Tank vessel and facility response plans.--]
          (5) Tank vessel, non-tank vessel, and facility 
        response plans.--
                  (A) The President shall issue regulations 
                which require an owner or operator of a tank 
                [vessel or] vessel, a non-tank vessel, or a 
                facility described in [subparagraph (B)] 
                subparagraph (C) to prepare and submit to the 
                President a plan for responding, to the maximum 
                extent practicable, to a worst case discharge, 
                and to a substantial threat of such a 
                discharge, of oil or a hazardous substance.
                  (B) The Secretary of the Department in which 
                the Coast Guard is operating may issue 
                regulations which require an owner or operator 
                of a tank vessel, a non-tank vessel, or a 
                facility described in subparagraph (C) to 
                prepare and submit to the Secretary a plan for 
                responding, to the maximum extent practicable, 
                to a worst case discharge, and to a substantial 
                threat of such a discharge, of a noxious liquid 
                substance. For purposes of this paragraph, the 
                term ``noxious liquid substance'' has the same 
                meaning when that term is used in the MARPOL 
                Protocol described in section 2(a)(3) of the 
                Act to Prevent Pollution from Ships (33 U.S.C. 
                1901(a)(3)).
                  [(B)] (C) The tank [vessels and] vessels, 
                non-tank vessels, and facilities referred to in 
                [subparagraph (A)] subparagraphs (A) and (B) 
                are the following:
                          (i) A tank vessel, as defined under 
                        section 2101 of title 46, United States 
                        Code.
                          (ii) A non-tank vessel.
                          [(ii)] (iii) An offshore facility.
                          [(iii)] (iv) An onshore facility 
                        that, because of its location, could 
                        reasonably be expected to cause 
                        substantial harm to the environment by 
                        discharging into or on the navigable 
                        waters, adjoining shorelines, or the 
                        exclusive economic zone.
                  [(C)] (D) A response plan required under this 
                paragraph shall--
                          (i) be consistent with the 
                        requirements of the National 
                        Contingency Plan and Area Contingency 
                        Plans;
                          (ii) identify the qualified 
                        individual having full authority to 
                        implement removal actions, and require 
                        immediate communications between that 
                        individual and the appropriate Federal 
                        official and the persons providing 
                        personnel and equipment pursuant to 
                        clause (iii);
                          (iii) identify, and ensure by 
                        contract or other means approved by the 
                        President the availability of, private 
                        personnel and equipment necessary to 
                        remove to the maximum extent 
                        practicable a worst case discharge 
                        (including a discharge resulting from 
                        fire or explosion), and to mitigate or 
                        prevent a substantial threat of such a 
                        discharge;
                          (iv) describe the training, equipment 
                        testing, periodic unannounced drills, 
                        and response actions of persons on the 
                        vessel or at the facility, to be 
                        carried out under the plan to ensure 
                        the safety of the vessel or facility 
                        and to mitigate or prevent the 
                        discharge, or the substantial threat of 
                        a discharge;
                          (v) be updated periodically; and
                          (vi) be resubmitted for approval of 
                        each significant change.
                  [(D)] (E) With respect to any response plan 
                submitted under this paragraph for an onshore 
                facility that, because of its location, could 
                reasonably be expected to cause significant and 
                substantial harm to the environment by 
                discharging into or on the navigable waters or 
                adjoining shorelines or the exclusive economic 
                zone, and with respect to each response plan 
                submitted under this paragraph for a tank 
                [vessel or] vessel, a non-tank vessel, or an 
                offshore facility, the President shall--
                          (i) promptly review such response 
                        plan;
                          (ii) require amendments to any plan 
                        that does not meet the requirements of 
                        this paragraph;
                          (iii) approve any plan that meets the 
                        requirements of this paragraph; and
                          (iv) review each plan periodically 
                        thereafter.
                  [(E)] (F) A tank vessel, non-tank vessel, 
                offshore facility, or onshore facility required 
                to prepare a response plan under this 
                subsection may not handle, store, or transport 
                oil unless--
                          (i) in the case of a tank vessel, 
                        non-tank vessel, offshore facility, or 
                        onshore facility for which a response 
                        plan is reviewed by the President under 
                        [subparagraph (D),] subparagraph (E), 
                        the plan has been approved by the 
                        President; and
                          (ii) the vessel or facility is 
                        operating in compliance with the plan.
                  [(F) Notwithstanding subparagraph (E), the 
                President may authorize a tank vessel, non-tank 
                vessel, offshore facility, or onshore facility 
                to operate without a response plan approved 
                under this paragraph, until not later than 2 
                years after the date of the submission to the 
                President of a plan for the tank [vessel or] 
                vessel, non-tank vessel, or facility, if the 
                owner or operator certifies that the owner or 
                operator has ensured by contract or other means 
                approved by the President the availability of 
                private personnel and equipment necessary to 
                respond, to the maximum extent practicable, to 
                a worst case discharge or a substantial threat 
                of such a discharge.]
                  (G) Notwithstanding subparagraph (F), the 
                President may authorize a tank vessel, non-tank 
                vessel, offshore facility, or onshore facility 
                that handles, stores, or transports oil to 
                operate without a response plan approved under 
                this paragraph, until not later than 2 years 
                after the date of the submission to the 
                President of a plan for the tank vessel, non-
                tank vessel, or facility, if the owner or 
                operator certifies that the owner or operator 
                has ensured by contract or other means approved 
                by the President the availability of private 
                personnel and equipment necessary to respond, 
                to the maximum extent practicable, to a worst 
                case discharge or a substantial threat of such 
                a discharge.
                  [(G)] (H) The owner or operator of a tank 
                vessel, non-tank vessel, offshore facility, or 
                onshore facility may not claim as a defense to 
                liability under title I of the Oil Pollution 
                Act of 1990 that the owner or operator was 
                acting in accordance with an approved response 
                plan.
                  [(H)] (I) The Secretary shall maintain, in 
                the Vessel Identification System established 
                under chapter 125 of title 46, United States 
                Code, the dates of approval and review of a 
                response plan under this paragraph for each 
                tank vessel and non-tank vessel that is a 
                vessel of the United States.
          (6) Equipment requirements and inspection.--[Not 
        later than 2 years after the date of enactment of this 
        section, the President shall require--]The President 
        may require--
                  (A) periodic inspection of containment booms, 
                skimmers, vessels, and other major equipment 
                used to remove discharges; and
                  (B) vessels operating on navigable waters and 
                carrying oil or a hazardous substance in bulk 
                as [cargo] cargo, and non-tank vessels carrying 
                oil of any kind as fuel for main propulsion, to 
                carry appropriate removal equipment that 
                employs the best technology economically 
                feasible and that is compatible with the safe 
                operation of the vessel.
          (7) Area drills.--The President shall periodically 
        conduct drills of removal capability, without prior 
        notice, in areas for which Area Contingency Plans are 
        required under this subsection and under relevant tank 
        [vessel and] vessel, non-tank vessel, and facility 
        response plans. The drills may include participation by 
        Federal, State, and local agencies, the owners and 
        operators of vessels and facilities in the area, and 
        private industry. The President may publish annual 
        reports on these drills, including assessments of the 
        effectiveness of the plans and a list of amendments 
        made to improve plans.
          (8) United states government not liable.--The United 
        States Government is not liable for any damages arising 
        from its actions or omissions relating to any response 
        plan required by this section.
  (k) [Repealed]
  (l) Administration.--The President is authorized to delegate 
the administration of this section to the heads of those 
Federal departments, agencies, and instrumentalities which he 
determines to be appropriate. Each such department, agency, and 
instrumentality, in order to avoid duplication of effort, 
shall, whenever appropriate, utilize the personnel, services, 
and facilities of other Federal departments, agencies, and 
instrumentalities.
  (m) Administrative Provisions.--
          (1) For vessels.--Anyone authorized by the President 
        to enforce the provisions of this section with respect 
        to any vessel may, except as to public vessels--
                  (A) board and inspect any vessel upon the 
                navigable waters of the United States or the 
                waters of the contiguous zone,
                  (B) with or without a warrant, arrest any 
                person who in the presence or view of the 
                authorized person violates the provisions of 
                this section or any regulation issued 
                thereunder, and
                  (C) execute any warrant or other process 
                issued by an officer or court of competent 
                jurisdiction.
          (2) For facilities.--
                  (A) Recordkeeping.--Whenever required to 
                carry out the purposes of this section, the 
                Administrator or the Secretary of the 
                Department in which the Coast Guard is 
                operating shall require the owner or operator 
                of a facility to which this section applies to 
                establish and maintain such records, make such 
                reports, install, use, and maintain such 
                monitoring equipment and methods, and provide 
                such other information as the Administrator or 
                Secretary, as the case may be, may require to 
                carry out the objectives of this section.
                  (B) Entry and inspection.--Whenever required 
                to carry out the purposes of this section, the 
                Administrator or the Secretary of the 
                Department in which the Coast Guard is 
                operating or an authorized representative of 
                the Administrator or Secretary, upon 
                presentation of appropriate credentials, may--
                          (i) enter and inspect any facility to 
                        which this section applies, including 
                        any facility at which any records are 
                        required to be maintained under 
                        subparagraph (A); and
                          (ii) at reasonable times, have access 
                        to and copy any records, take samples, 
                        and inspect any monitoring equipment or 
                        methods required under subparagraph 
                        (A).
                  (C) Arrests and execution of warrants.--
                Anyone authorized by the Administrator or the 
                Secretary of the department in which the Coast 
                Guard is operating to enforce the provisions of 
                this section with respect to any facility may--
                          (i) with or without a warrant, arrest 
                        any person who violates the provisions 
                        of this section or any regulation 
                        issued thereunder in the presence or 
                        view of the person so authorized; and
                          (ii) execute any warrant or process 
                        issued by an officer or court of 
                        competent jurisdiction.
                  (D) Public access.--Any records, reports, or 
                information obtained under this paragraph shall 
                be subject to the same public access and 
                disclosure requirements which are applicable to 
                records, reports, and information obtained 
                pursuant to section 308.
  (n) Jurisdiction.--The several district courts of the United 
States are invested with jurisdiction for any actions, other 
than actions pursuant to subsection (i)(l), arising under this 
section. In the case of Guam and the Trust Territory of the 
Pacific Islands, such actions may be brought in the district 
court of Guam, and in thecase of the Virgin Islands such 
actions may be brought in the district court of the Virgin Islands. In 
the case of American Samoa and the Trust Territory of the Pacific 
Islands, such actions may be brought in the District Court of the 
United States for the District of Hawaii and such court shall have 
jurisdiction of such actions. In the case of the Canal Zone, such 
actions may be brought in the United States District Court for the 
District of the Canal Zone.
  (o) Obligation for Damages Unaffected; Local Authority Not 
Preempted; Existing Federal Authority Not Modified or 
Affected.--
          (1) Nothing in this section shall affect or modify in 
        any way the obligations of any owner or operator of any 
        vessel, or of any owner or operator of any onshore 
        facility or offshore facility to any person or agency 
        under any provision of law for damages to any publicly 
        owned or privately owned property resulting from a 
        discharge of any oil or hazardous substance or from the 
        removal of any such oil or hazardous substance.
          (2) Nothing in this section shall be construed as 
        preempting any State or political subdivision thereof 
        from imposing any requirement or liability with respect 
        to the discharge of oil or hazardous substance into any 
        waters within such State, or with respect to any 
        removal activities related to such discharge.
          (3) Nothing in this section shall be construed as 
        affecting or modifying any other existing authority of 
        any Federal department, agency, or instrumentality, 
        relative to onshore or offshore facilities under this 
        Act or any other provision of law, or to affect any 
        State or local law not in conflict with this section.
  (p) * * *

           *       *       *       *       *       *       *

  (q) Establishment of Maximum Limit of Liability With Respect 
to Onshore or Offshore Facilities.--The President is authorized 
to establish, with respect to any class or category of onshore 
or offshore facilities, a maximum limit of liability under 
subsections (f)(2) and (3) of this section of less than 
$50,000,000, but not less than $8,000,000.
  (r) Liability Limitations Not To Limit Liability Under Other 
Legislation.--Nothing in this section shall be construed to 
impose, or authorize the imposition of, any limitation on 
liability under the Outer Continental Shelf Lands Act or the 
Deepwater Port Act of 1974.
  (s) Oil Spill Liability Trust Fund.--The Oil Spill Liability 
Trust Fund established under section 9509 of the Internal 
Revenue Code of 1986 (26 U.S.C. 9509) shall be available to 
carry out subsections (b), (c), (d), (j), and (l) as those 
subsections apply to discharges, and substantial threats of 
discharges, of oil. Any amounts received by the United States 
under this section shall be deposited in the Oil Spill 
Liability Trust Fund.

                  INLAND NAVIGATION RULES ACT OF 1980


[SEC. 2. APPLICATION (RULE 1).

                            [33 U.S.C. 2001]

  [(a) United States Inland Waters and Canadian Waters of the 
Great Lakes.--These Rules apply to all vessels upon the inland 
waters of the United States, and to vessels of the United 
States on the Canadian waters of the Great Lakes to the extent 
that there is no conflict with Canadian law.
  [(b) International Regulations.--
          [(i) These Rules constitute special rules made by an 
        appropriate authority within the meaning of Rule 1(b) 
        of the International Regulations
          [(ii) All vessels complying with the construction and 
        equipment requirements of the International Regulations 
        are considered to be in compliance with these Rules.
  [(c) Special Rules.--Nothing in these Rules shall interfere 
with the operation of any special rules made by the Secretary 
of the Navy with respect to additional station or signal lights 
and shapes or whistle signals for ships of war and vessels 
proceeding under convoy, or by the Secretary with respect to 
additional station or signal lights and shapes for fishing 
vessels engaged in fishing as a fleet. These additional station 
or signal lights and shapes or whistle signals shall, so far as 
possible, be such that they cannot be mistaken for any light, 
shape, or signal authorized elsewhere under these Rules. Notice 
of such special rules shall be published in the Federal 
Register and, after the effective date specified in such 
notice, they shall have effect as if they were a part of these 
Rules.
  [(d) Establishment of Traffic Separation Schemes.--Traffic 
separation schemes may be established for the purpose of these 
Rules. Vessel traffic service regulations may be in effect in 
certain areas.
  [(e) Alternative Compliance.--Whenever the Secretary 
determines that a vessel or class of vessels of special 
construction or purpose cannot comply fully with the provisions 
of any of these Rules with respect to the number, position, 
range, or arc of visibility of lights or shapes, as well as to 
the disposition and characteristics of sound-signaling 
appliances, the vessel shall comply with such other provisions 
in regard to the number, position, range, or arc of visibility 
of lights or shapes, as well as to the disposition and 
characteristics of sound- signaling appliances, as the 
Secretary shall have determined to be the closest possible 
compliance with these Rules. The Secretary may issue a 
certificate of alternative compliance for a vessel or class of 
vessels specifying the closest possible compliance with these 
Rules. The Secretary of the Navy shall make these 
determinations and issue certificates of alternative compliance 
for vessels of the Navy.
  [(f) Acceptance of Certificates of Alternative Compliance 
From Contracting Parties to International Regulations.--The 
Secretary may accept a certificate of alternative compliance 
issued by a contracting party to the International Regulations 
if he determines that the alternative compliance standards of 
the contracting party are substantially the same as those of 
the United States.

[SEC. 3. RESPONSIBILITY (RULE 2).

                            [33 U.S.C. 2002]

  [(a) Exoneration.--Nothing in these Rules shall exonerate any 
vessel, or the owner, master, or crew thereof, from the 
consequences of any neglect to comply with these Rules or of 
the neglect of any precaution which may be required by the 
ordinary practice of seamen, or by the special circumstances of 
the case.
  [(b) Departure From Rules When Necessary To Avoid Immediate 
Danger.--In construing and complying with these Rules due 
regard shall be had to all dangers of navigation and collision 
and to any special circumstances, including the limitations of 
the vessels involved, which may make a departure from these 
Rules necessary to avoid immediate danger.]

SEC. 3. INLAND NAVIGATION RULES.

  The Secretary may issue inland navigation regulations 
applicable to all vessels upon the inland waters of the United 
States and technical annexes that are as consistent as possible 
with the respective annexes to the International Regulations.

OIL POLLUTION ACT OF 1990

           *       *       *       *       *       *       *


SEC. 1012. USES OF THE FUND.

                            [33 U.S.C. 2712]

  (a) Uses Generally.--The Fund shall be available to the 
President for--
          (1) the payment of removal costs, including the costs 
        of monitoring removal actions, determined by the 
        President to be consistent with the National 
        Contingency Plan--
                  (A) by Federal authorities; or
                  (B) by a Governor or designated State 
                official under subsection (d);
          (2) the payment of costs incurred by Federal, State, 
        or Indian tribe trustees in carrying out their 
        functions under section 1006 for assessing natural 
        resource damages and for developing and implementing 
        plans for the restoration, rehabilitation, replacement, 
        or acquisition of the equivalent of damaged resources 
        determined by the President to be consistent with the 
        National Contingency Plan;
          (3) the payment of removal costs determined by the 
        President to be consistent with the National 
        Contingency Plan as a result of, and damages resulting 
        from, a discharge, or a substantial threat of a 
        discharge, of oil from a foreign offshore unit;
          (4) the payment of claims in accordance with section 
        1013 for uncompensated removal costs determined by the 
        President to be consistent with the National 
        Contingency Plan or uncompensated damages;
          (5) the payment of Federal administrative, 
        operational, and personnel costs and expenses 
        reasonably necessary for and incidental to the 
        implementation, administration, and enforcement of this 
        Act (including, but not limited to, sections 
        1004(d)(2), 1006(e), 4107, 4110, 4111, 4112, 4117, 
        5006, 8103, and title VII) and subsections (b), (c), 
        (d), (j), and (l) of section 311 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1321), as amended by 
        this Act, with respect to prevention, removal, and 
        enforcement related to oil discharges, provided that--
                  (A) not more than $25,000,000 in each fiscal 
                year shall be available to the Secretary for 
                operating expenses incurred by the Coast Guard;
                  (B) not more than $30,000,000 each year 
                through the end of fiscal year 1992 shall be 
                available to establish the National Response 
                System under section 311(j) of the Federal 
                Water Pollution Control Act, as amended by this 
                Act, including the purchase and prepositioning 
                of oil spill removal equipment; and
                  (C) not more than $27,250,000 in each fiscal 
                year shall be available to carry out title VII 
                of this [Act.] Act; and
          (6) the making of loans to assist any injured party 
        in paying financial obligations during the claims 
        procedure described in section 1013.
  (b) Defense to Liability for Fund.--The Fund shall not be 
available to pay any claim for removal costs or damages to a 
particular claimant, to the extent that the incident, removal 
costs, or damages are caused by the gross negligence or willful 
misconduct of that claimant.
  (c) Obligation of Fund by Federal Officials.--The President 
may promulgate regulations designating one or more Federal 
officials who may obligate money in accordance with subsection 
(a).
  (d) Access to Fund by State Officials.--
          (1) Immediate removal.--In accordance with 
        regulations promulgated under this section, the 
        President, upon the request of the Governor of a State 
        or pursuant to an agreement with a State under 
        paragraph (2), may obligate the Fund for payment in an 
        amount not to exceed $250,000 for removal costs 
        consistent with the National Contingency Plan required 
        for the immediate removal of a discharge, or the 
        mitigation or prevention of a substantial threat of a 
        discharge, of oil.
          (2) Agreements.--
                  (A) In general.--The President shall enter 
                into an agreement with the Governor of any 
                interested State to establish procedures under 
                which the Governor or a designated State 
                official may receive payments from the Fund for 
                removal costs pursuant to paragraph (1).
                  (B) Terms.--Agreements under this paragraph--
                          (i) may include such terms and 
                        conditions as may be agreed upon by the 
                        President and the Governor of a State;
                          (ii) shall provide for political 
                        subdivisions of the State to receive 
                        payments for reasonable removal costs; 
                        and
                          (iii) may authorize advance payments 
                        from the Fund to facilitate removal 
                        efforts.
  (e) Regulations.--The President shall--
          (1) not later than 6 months after the date of the 
        enactment of this Act, publish proposed regulations 
        detailing the manner in which the authority to obligate 
        the Fund and to enter into agreements under this 
        subsection shall be exercised; and
          (2) not later than 3 months after the close of the 
        comment period for such proposed regulations, 
        promulgate final regulations for that purpose.
  (f) Rights of Subrogation.--Payment of any claim or 
obligation by the Fund under this Act shall be subject to the 
United States Government acquiring by subrogation all rights of 
the claimant or State to recover from the responsible party.
  (g) Audits.--The Comptroller General shall audit all 
payments, obligations, reimbursements, and other uses of the 
Fund, to assure that the Fund is being properly administered 
and that claims are being appropriately and expeditiously 
considered. The Comptroller General shall submit to the 
Congress an interim report one year after the date of the 
enactment of this Act. The Comptroller General shall thereafter 
audit the Fund as is appropriate. Each Federal agency shall 
cooperate with the Comptroller General in carrying out this 
subsection.
  (h) Period of Limitations for Claims.--
          (1) Removal costs.--No claim may be presented under 
        this title for recovery of removal costs for an 
        incident unless the claim is presented within 6 years 
        after the date of completion of all removal actions for 
        that incident.
          (2) Damages.--No claim may be presented under this 
        section for recovery of damages unless the claim is 
        presented within 3 years after the date on which the 
        injury and its connection with the discharge in 
        question were reasonably discoverable with the exercise 
        of due care, or in the case of natural resource damages 
        under section 1002(b)(2)(A), if later, the date of 
        completion of the natural resources damage assessment 
        under section 1006(e).
          (3) Minors and incompetents.--The time limitations 
        contained in this subsection shall not begin to run--
                  (A) against a minor until the earlier of the 
                date when such minor reaches 18 years of age or 
                the date on which a legal representative is 
                duly appointed for the minor, or
                  (B) against an incompetent person until the 
                earlier of the date on which such incompetent's 
                incompetency ends or the date on which a legal 
                representative is duly appointed for the 
                incompetent.
                          (i) Limitation on payment for same 
                        costs.--In any case in which the 
                        President has paid an amount from the 
                        Fund for any removal costs or damages 
                        specified under subsection (a), no 
                        other claim may be paid from the Fund 
                        for the same removal costs or damages.
  (j) Obligation in Accordance With Plan.--
          (1) In general.--Except as provided in paragraph (2), 
        amounts may be obligated from the Fund for the 
        restoration, rehabilitation, replacement, or 
        acquisition of natural resources only in accordance 
        with a plan adopted under section 1006(c).
          (2) Exception.--Paragraph (1) shall not apply in a 
        situation requiring action to avoid irreversible loss 
        of natural resources or to prevent or reduce any 
        continuing danger to natural resources or similar need 
        for emergency action.
  (k) Preference for Private Persons in Area Affected by 
Discharge.--
          (1) In general.--In the expenditure of Federal funds 
        for removal of oil, including for distribution of 
        supplies, construction, and other reasonable and 
        appropriate activities, under a contract or agreement 
        with a private person, preference shall be given, to 
        the extent feasible and practicable, to private persons 
        residing or doing business primarily in the area 
        affected by the discharge of oil.
          (2) Limitation.--This subsection shall not be 
        considered to restrict the use of Department of Defense 
        resources.

SEC. 1013. CLAIMS PROCEDURE.

                            [33 U.S.C. 2713]

  (a) Presentation.--Except as provided in subsection (b), all 
claims for removal costs or damages shall be presented first to 
the responsible party or guarantor of the source designated 
under section 1014(a).
  (b) Presentation to Fund.--
          (1) In general.--Claims for removal costs or damages 
        may be presented first to the Fund--
                  (A) if the President has advertised or 
                otherwise notified claimants in accordance with 
                section 1014(c);
                  (B) by a responsible party who may assert a 
                claim under section 1008;
                  (C) by the Governor of a State for removal 
                costs incurred by that State; or
                  (D) by a United States claimant in a case 
                where a foreign offshore unit has discharged 
                oil causing damage for which the Fund is liable 
                under section 1012(a).
          (2) Limitation on presenting claim.--No claim of a 
        person against the Fund may be approved or certified 
        during the pendency of an action by the person in court 
        to recover costs which are the subject of the claim.
  (c) Election.--If a claim is presented in accordance with 
subsection (a) and--
          (1) each person to whom the claim is presented denies 
        all liability for the claim, or
          (2) the claim is not settled by any person by payment 
        within 90 days after the date upon which (A) the claim 
        was presented, or (B) advertising was begun pursuant to 
        section 1014(b), whichever is later, the claimant may 
        elect to commence an action in court against the 
        responsible party or guarantor or to present the claim 
        to the Fund.
  (d) Uncompensated Damages.--If a claim is presented in 
accordance with this section, including a claim for interim, 
short-term damages representing less than the full amount of 
damages to which the claimant ultimately may be entitled, and 
full and adequate compensation is unavailable, a claim for the 
uncompensated damages and removal costs may be presented to the 
Fund.
  (e) Procedure for Claims Against Fund.--The President shall 
promulgate, and may from time to time amend, regulations for 
the presentation, filing, processing, settlement, and 
adjudication of claims under this Act against the Fund.
  (f) Loan Program.--
          (1) In general.--The President shall establish a loan 
        program under the Fund to assist injured parties in 
        meeting financial obligations during the claims 
        procedure.
          (2) Eligibility for loan.--A fisherman or aquaculture 
        producer is eligible for a loan under paragraph (1)--
                  (A) during the period beginning 90 days after 
                the date on which the fisherman or aquaculture 
                producer presents a claim under subsection (a) 
                and ending on the date on which the claim is 
                settled; unless
                  (B) the responsible party provides an interim 
                payment within that 90-day period.
          (3) Terms and conditions of loans.--A loan awarded 
        under paragraph (1)--
                  (A) shall have flexible terms, as determined 
                by the President;
                  (B) shall be for a period ending on the later 
                of--
                          (i) the date that is 5 years after 
                        the date on which the loan is made; or
                          (ii) the date on which the injured 
                        party receives a settlement as a result 
                        of the claims procedure described in 
                        section 1013; and
                  (C) shall be at a low interest rate, as 
                determined by the President.

           *       *       *       *       *       *       *


SEC. 4110. OVERFILL AND TANK LEVEL OR PRESSURE MONITORING DEVICES.

    (a) Standards.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary [shall] may establish, by 
regulation, minimum standards for devices for warning persons 
of overfills and tank levels of oil in cargo tanks and devices 
for monitoring the pressure of oil cargo tanks.
    (b) Use.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary [shall] may issue 
regulations establishing, consistent with generally recognized 
principles of international law, requirements concerning the 
use of--
          (1) overfill devices, and
          (2) tank level or pressure monitoring devices,
which are referred to in subsection (a) and which meet the 
standards established by the Secretary under subsection (a), on 
vessels constructed or adapted to carry, or that carry, oil in 
bulk as cargo or cargo residue on the navigable waters and the 
waters of the exclusive economic zone.
  (c) Study.--
          (1) The Secretary of the Department in which the 
        Coast Guard is operating shall conduct a study 
        analyzing the costs and benefits of methods other than 
        those described in subsections (a) and (b) for 
        effectively detecting the loss of oil from oil cargo 
        tanks. The study may include technologies, monitoring 
        procedures, and other methods.
          (2) In conducting the study, the Secretary may seek 
        input from Federal agencies, industry, and other 
        entities.
          (3) The Secretary shall provide the study to the 
        Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives 
        Committee on Transportation and Infrastructure not 
        later than 180 days after the date of enactment of this 
        Act.

                 TITLE 46, UNITED STATES CODE, SHIPPING

                    SUBTITLE II. VESSELS AND SEAMEN

              PART B. INSPECTION AND REGULATION OF VESSELS

                   CHAPTER 32. MANAGEMENT OF VESSELS

Sec. 3202. Application

  [(a) Mandatory Application.--This chapter applies to the 
following vessels engaged on a foreign voyage:
          [(1) Beginning July 1, 1998--
                  [(A) a vessel transporting more than 12 
                passengers described in section 2101(21)(A) of 
                this title; and
                  [(B) a tanker, bulk freight vessel, or high-
                speed freight vessel, of at least 500 gross 
                tons.
          [(2) Beginning July 1, 2002, a freight vessel and a 
        self-propelled mobile offshore drilling unit of at 
        least 500 gross tons.]
  (a) Mandatory Application.--This chapter applies to a vessel 
that--
          (1)(A) is transporting more than 12 passengers 
        described in section 2101(21)(A) of this title; or
          (B) is of at least 500 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 is a tanker, freight vessel, bulk freight 
        vessel, high speed freight vessel, or self-propelled 
        mobile offshore drilling unit; and
          (2)(A) is engaged on a foreign voyage; or
          (B) is a foreign vessel departing from a place under 
        the jurisdiction of the United States on a voyage, any 
        part of which is on the high seas.
  (b) Voluntary Application.--This chapter applies to a vessel 
not described in subsection (a) of this section if the owner of 
the vessel requests the Secretary to apply this chapter to the 
vessel.
  (c) Exception.--Except as provided in subsection (b) of this 
section, this chapter does not apply to--
          (1) a barge;
          (2) a recreational vessel not engaged in commercial 
        service;
          (3) a fishing vessel;
          (4) a vessel operating on the Great Lakes or its 
        tributary and connecting waters; or
          (5) a public vessel.

Sec. 3203. Safety management system

  (a) In General.--The Secretary shall prescribe regulations 
which establish a safety management system for responsible 
persons and vessels to which this chapter applies, including--
          (1) a safety and environmental protection policy;
          (2) instructions and procedures to ensure safe 
        operation of those vessels and protection of the 
        environment in compliance with international and United 
        States law;
          (3) defined levels of authority and lines of 
        communications between, and among, personnel on shore 
        and on the vessel;
          (4) procedures for reporting accidents and 
        nonconformities with this chapter;
          (5) procedures for preparing for and responding to 
        emergency situations; and
          (6) procedures for internal audits and management 
        reviews of the system.
  (b) Compliance With Code.--Regulations prescribed under this 
section shall be consistent with the International Safety 
Management Code with respect to [vessels engaged on a foreign 
voyage.] vessels to which this chapter applies.

                    CHAPTER 33. INSPECTION GENERALLY

Sec. 3305. Scope and standards of inspection

  (a) The inspection process shall ensure that a vessel subject 
to inspection--
          (1) is of a structure suitable for the service in 
        which it is to be employed;
          (2) is equipped with proper appliances for 
        lifesaving, fire prevention, and firefighting;
          (3) has suitable accommodations for the crew, sailing 
        school instructors, and sailing school students, and 
        for passengers on the vessel if authorized to carry 
        passengers;
          (4) is in a condition to be operated with safety to 
        life and property; and
          (5) complies with applicable marine safety laws and 
        regulations.
  (b) If an inspection, or examination under section 3308 of 
this title, reveals that a life preserver, lifesaving device, 
or firehose is defective and incapable of being repaired, the 
owner or master shall destroy the life preserver, lifesaving 
device, or firehose in the presence of the official conducting 
the inspection or examination.
  (c) A nautical school vessel operated by a civilian nautical 
school or by an educational institution under section 558 of 
title 40 shall be inspected like a small passenger vessel or a 
passenger vessel, depending on its tonnage.

                   CHAPTER 35. CARRIAGE OF PASSENGERS

[Sec. 3505. Prevention of departure

  [Notwithstanding section 3303(a) of this title, a foreign 
vessel may not depart from a United States port with passengers 
who are embarked at that port, if the Secretary finds that the 
vessel does not comply with the standards stated in the 
International Convention for the Safety of Life at Sea to which 
the United States Government is currently a party.]

Sec. 3505. Prevention of departure

  Notwithstanding section 3303(a) of this title, a foreign 
vessel carrying a citizen of the United States as a passenger 
or embarking passengers from a United States port may not 
depart from a United States port if the Secretary finds that 
the vessel does not comply with the standards stated in the 
International Convention for the Safety of Life at Sea to which 
the United States Government is currently a party.

                    CHAPTER 43. RECREATIONAL VESSELS

Sec. 4311. Penalties and injunctions

  (a) A person willfully operating a recreational vessel in 
violation of this chapter or a regulation prescribed under this 
chapter shall be fined not more than $5,000, imprisoned for not 
more than one year, or both.
  (b) [A person violating section 4307(a)(1) of this title is 
liable to the United States Government for a civil penalty of 
not more than $2,000, except that the maximum civil penalty may 
be not more than $100,000 for a related series of violations.] 
(1) A person violating section 4307(a) of this title is liable 
to the United States Government for a civil penalty of not more 
than $5,000, except that the maximum civil penalty may be not 
more than $250,000 for a related series of violations. When a 
corporation violates section [4307(a)(1),] 4307(a), any 
director, officer, or executive employee of the corporation who 
knowingly and willfully ordered, or knowingly and willfully 
authorized, a violation is individually liable to the 
Government for the penalty, in addition to the corporation. 
However, the director, officer, or executive employee is not 
liable individually under this subsection if the director, 
officer, or executive employee can demonstrate by a 
preponderance of the evidence that--
          [(1)] (A) the order or authorization was issued on 
        the basis of a decision, in exercising reasonable and 
        prudent judgment, that the defect or the nonconformity 
        with standards and regulations constituting the 
        violation would not cause or constitute a substantial 
        risk of personal injury to the public; and
          [(2)] (B) at the time of the order or authorization, 
        the director, officer, or executive employee advised 
        the Secretary in writing of acting under this clause 
        and clause (1) of this subsection.
  (2) Any person, including, a director, officer, or executive 
employee of a corporation, who knowingly and willfully violates 
section 4307(a) of this title, shall be fined not more than 
$10,000, imprisoned for not more than one year, or both.
  (c) A person violating any other provision of this chapter or 
other regulation prescribed under this chapter is liable to the 
Government for a civil penalty of not more than [$1,000.] 
$5,000. If the violation involves the operation of a vessel, 
the vessel also is liable in rem for the penalty.
  (d) When a civil penalty of not more than $200 has been 
assessed under this chapter, the Secretary may refer the matter 
of collection of the penalty directly to the United States 
magistrate of the jurisdiction in which the person liable may 
be found for collection procedures under supervision of the 
district court and under an order issued by the court 
delegating this authority under section 636(b) of title 28.
  (e) The district courts of the United States have 
jurisdiction to restrain a violation of this chapter, or to 
restrain the sale, offer for sale, introduction or delivery for 
introduction into interstate commerce, or importation into the 
United States, of a recreational vessel or associated equipment 
that the court decides does not conform to safety standards of 
the Government. A civil action under this subsection shall be 
brought by filing a petition by the Attorney General for the 
Government. When practicable, the Secretary shall give notice 
to a person against whom an action for injunctive relief is 
contemplated and provide the person with an opportunity to 
present views and, except for a knowing and willful violation, 
shall provide the person with a reasonable opportunity to 
achieve compliance. The failure to give notice and provide the 
opportunity does not preclude the granting of appropriate 
relief by the district court.
  (f) A person is not subject to a penalty under this chapter 
if the person--
          (1) establishes that the person did not have reason 
        to know, in exercising reasonable care, that a 
        recreational vessel or associated equipment does not 
        conform with the applicable safety standards of the 
        Government or that the person, was not advised by the 
        Secretary or the manufacturer of that vessel, equipment 
        or component that the vessel, equipment or component 
        contains a defect which creates a substantial risk of 
        personal injury to the public; or
          (2) holds a certificate issued by the manufacturer of 
        that recreational vessel or associated equipment to the 
        effect that the recreational vessel or associated 
        equipment conforms to all applicable recreational 
        vessel safety standards of the Government, unless the 
        person knows or reasonably should have known that the 
        recreational vessel or associated equipment does not so 
        conform.
  (g) Compliance with this chapter or standards, regulations, 
or orders prescribed under this chapter does not relieve a 
person from liability at common law or under State law.

     PART E. MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS

                CHAPTER 73. MERCHANT MARINERS' DOCUMENTS

Sec. 7319. Records of merchant mariners' documents

  The Secretary shall maintain records on each merchant 
mariner's document issued, including the name and address of 
the seaman to whom issued and the next of kin of the seaman. 
[The records are not open to general or public inspection.]

                 CHAPTER 77. SUSPENSION AND REVOCATION

Sec. 7702. Administrative procedure

  (a) Sections 551-559 of title 5 apply to each hearing under 
this chapter about suspending or revoking a license, 
certificate of registry, or merchant mariner's document.
  (b) The individual whose license, certificate of registry, or 
merchant mariner's document has been suspended or revoked under 
this chapter may appeal, within 30 days, the suspension or 
revocation to the Secretary.
  (c)(1) The Secretary shall request a holder of a license, 
certificate of registry, or merchant mariner's document to make 
available to the Secretary, under section 206(b)(4) of the 
National Driver Register Act of 1982 (23 U.S.C. 401 note), all 
information contained in the National Driver Register related 
to an offense described in section 205(a)(3)(A) or (B) of that 
Act committed by the individual.
  (2) The Secretary shall require the testing of the holder of 
a license, certificate of registry, or merchant mariner's 
document for use of alcohol and dangerous drugs in violation of 
law or Federal regulation. The testing may include 
preemployment (with respect to dangerous drugs only), periodic, 
random, and reasonable cause testing, and shall include post-
accident testing.
  (d)(1) The Secretary may temporarily, for not more than 45 
days, suspend and take possession of the license, certificate 
of registry, or merchant mariner's document held by an 
individual [if, when acting under the authority of that 
license, certificate, or document--] if--
          (A) that individual performs a safety sensitive 
        function on a vessel, as determined by the Secretary; 
        and
          (B) there is probable cause to believe that the 
        individual--
                  (i) [has] has, while acting under the 
                authority of that license, certificate, or 
                document, performed the safety sensitive 
                function in violation of law or Federal 
                regulation regarding use of alcohol or a 
                dangerous drug;
                  (ii) has been convicted of an offense that 
                would prevent the issuance or renewal of the 
                license, certificate, or document; [or]
                  (iii) within the 3-year period preceding the 
                initiation of a suspension proceeding, has been 
                convicted of an offense described in section 
                205(a)(3)(A) or (B) of the National Driver 
                Register Act of [1982.] 1982; or
                  (iv) is a security risk that poses a threat 
                to the safety or security of a vessel or a 
                public or commercial structure located within 
                or adjacent to the marine environment.
  (2) If a license, certificate, or document is temporarily 
suspended under this section, an expedited hearing under 
subsection (a) of this section shall be held within 30 days 
after the temporary suspension.

                 CHAPTER 77. SUSPENSION AND REVOCATION

Sec. 7703. Bases for suspension or revocation

  A license, certificate of registry, or merchant mariner's 
document issued by the Secretary may be suspended or revoked if 
the holder--
          (1) when acting under the authority of that license, 
        certificate, or document--
                  (A) has violated or fails to comply with this 
                subtitle, a regulation prescribed under this 
                subtitle, or any other law or regulation 
                intended to promote marine safety or to protect 
                navigable waters; or
                  (B) has committed an act of [incompetence, 
                misconduct, or negligence;] misconduct or 
                negligence;
          (2) is convicted of an offense that would prevent the 
        issuance or renewal of a license, certificate of 
        registry, or merchant mariner's document; [or]
          (3) within the 3-year period preceding the initiation 
        of the suspension or revocation proceeding is convicted 
        of an offense described in section 205(a)(3)(A) or (B) 
        of the National Driver Register Act of 1982 (23 U.S.C. 
        401 [note).] note);
          (4) has committed an act of incompetence relating to 
        the operation of a vessel, whether or not acting under 
        the authority of that license, certificate, or 
        document; or
          (5) is a security risk that poses a threat to the 
        safety or security of a vessel or a public or 
        commercial structure located within or adjacent to the 
        marine environment.

Sec. 7704. Dangerous drugs as grounds for revocation

  (a) [Repealed]
  (b) If it is shown at a hearing under this chapter that a 
holder of a license, certificate of registry, or merchant 
mariner's document issued under this part, within 10 years 
before the beginning of the proceedings, has been convicted of 
violating a dangerous drug law of the United States or of a 
State, the license, certificate, or document shall be suspended 
or revoked.
  (c) If it is shown that a holder has been a user of, or 
addicted to, a dangerous drug, the license, certificate of 
registry, or merchant mariner's document shall be revoked 
unless the holder provides satisfactory proof that the holder 
is cured.

                   PART H. IDENTIFICATION OF VESSELS

                 CHAPTER 121. DOCUMENTATION OF VESSELS

Sec. 12110. Limitations on operations authorized by certificates

  (a) A vessel may not be employed in a trade except a trade 
covered by the endorsement issued for that vessel.
  (b) A barge qualified to be employed in the coastwise trade 
may be employed, without being documented, in that trade on 
rivers, harbors, lakes (except the Great Lakes), canals, and 
inland waters.
  (c) A vessel with only a recreational endorsement may not be 
operated other than for pleasure.
  (d) A documented vessel, other than a vessel with only a 
recreational endorsement, or an unmanned barge operating 
outside of the territorial waters of the United States, may be 
placed under the command only of a citizen of the United 
States.

Sec. 12120. Reports

  To ensure compliance with this chapter and laws governing the 
qualifications of vessels to engage in the coastwise trade and 
the fisheries, the Secretary of Transportation may require 
[owners and masters] owners, masters, and charterers of 
documented vessels to submit reports in any reasonable form and 
manner the Secretary may prescribe.

Sec. 12122. Penalties

  (a) A person that violates this chapter or a regulation 
prescribed under this chapter is liable to the United States 
Government for a civil penalty of not more than $10,000. Each 
day of continuing violation is a separate violation.
  (b) A vessel and its equipment are liable to seizure by and 
forfeiture to the United States Government--
          (1) when the owner of a vessel or the representative 
        or agent of the owner knowingly falsifies or conceals a 
        material fact, or knowingly makes a false statement or 
        representation about the documentation or when applying 
        for documentation of the vessel;
          (2) when a certificate of documentation is knowingly 
        and fraudulently used for a vessel;
          (3) when a vessel is operated after its endorsement 
        has been denied or revoked under section 12123 of this 
        title;
          (4) when a vessel is employed in a trade without an 
        appropriate trade endorsement;
          (5) when a documented vessel with only a recreational 
        endorsement is operated other than for pleasure; or
          (6) when a documented vessel, other than a vessel 
        with only a recreational endorsement, or an unmanned 
        barge operating outside of the territorial waters of 
        the United States, is placed under the command of a 
        person not a citizen of the United States.
  (c) In addition to penalties under subsections (a) and (b), 
the owner of a documented vessel for which a fishery 
endorsement has been issued is liable to the United States 
Government for a civil penalty of up to $100,000 for each day 
in which such vessel has engaged in fishing (as such term is 
defined in section 3 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1802)) within the 
exclusive economic zone of the United States, if the owner or 
the representative or agent of the owner knowingly falsified or 
concealed a material fact, or knowingly made a false statement 
or representation, with respect to the eligibility of the 
vessel under section 12102(c) of this title in applying for or 
applying to renew such fishery endorsement.

                MARITIME POLICY IMPROVEMENT ACT OF 2002

                  [PUBLIC LAW 107-295; 116 STAT. 2099]

SEC. 213. COASTWISE TRADE AUTHORIZATION

  (a) In General.--Notwithstanding section 207 of the Merchant 
Marine Act, 1920 (46 App. U.S.c. 883), or any other provision 
of law restricting the operation of a foreign-built vessel in 
the coastwise trade of the United States, the following vessels 
may, subject to subsection (b), engage in the coastwise trade 
of the United States to transport platform jackets from ports 
in the Gulf of Mexico to sites on the Outer Continental Shelf 
for completion of certain offshore projects as follows:
          (1) The H-114, H-627, and H-851 for the projects 
        known as Atlantis, Thunderhorse, Holstein, and Mad Dog.
          (2) The I-600 for the projects known as Murphy 
        Medusa, Dominion Devil's Tower, and Murphy Front 
        Runner.
  (b) Priority for U.S.-Built Vessels.--Subsection (a) shall 
not apply in instances where a United States-built, United 
States-documented vessel with the capacity to [transport and 
launch] transport or launch the platform jacket involved or its 
components is available to transport that jacket or its 
components. In this section, the term ``platform jacket'' has 
the meaning given that term under the thirteenth proviso of 
section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 
883), as amended by subsection (c) of this section.
  (c) Definition.--The thirteen proviso (pertaining to 
transportation by launch barge) of section 27 of the Merchant 
marine Act, 1920 (46 App. U.S.C. 883), is amended by striking 
the period at the end and inserting the following: ``; and for 
the purposes of this proviso, the term `platform jacket' 
includes any type of offshore drilling or production structure 
or components, including platform jackets, tension leg or SPAR 
platform superstructures (including the deck, drilling rig and 
support utilities, and supporting structure) hull (including 
vertical legs and connecting pontoons or vertical cylinder), 
tower and base sections of a platform jacket, jacket 
structures, and deck modules (known as `topsides') of a 
hydrocarbon development and production platform.''.

       ENHANCED BORDER SECURITY AND VISA ENTRY REFORM ACT OF 2002

SEC. 2. DEFINITIONS.

                          [8 U.S.C. 1701 NOTE]

  In this Act:
          (1) Alien.--The term ``alien'' has the meaning given 
        the term in section 101(a)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(3)).
          (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the 
        following:
                  (A) The Committee on the Judiciary, the 
                Select Committee on Intelligence, and the 
                Committee on Foreign Relations of the Senate.
                  (B) The Committee on the Judiciary, the 
                Permanent Select Committee on Intelligence, and 
                the Committee on International Relations of the 
                House of Representatives.
          (3) Chimera system.--The term ``Chimera system'' 
        means the interoperable electronic data system required 
        to be developed and implemented by section 202(a)(2).
          (4) Federal law enforcement agencies.--The term 
        ``Federal law enforcement agencies'' means the 
        following:
                  (A) The United States Secret Service.
                  (B) The Drug Enforcement Administration.
                  (C) The Federal Bureau of Investigation.
                  (D) The Immigration and Naturalization 
                Service.
                  (E) The United States Marshall Service.
                  (F) The Naval Criminal Investigative Service.
                  [(G) The Coastal Security Service.]
                  (G) The United States Coast Guard.
                  (H) The Diplomatic Security Service.
                  (I) The United States Postal Inspection 
                Service.
                  (J) The Bureau of Alcohol, Tobacco, and 
                Firearms.
                  (K) The United States Customs Service.
                  (L) The National Park Service.
          (5) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 
        3(4) of the National Security Act of 1947 (50 U.S.C. 
        401a(4)).
          (6) President.--The term ``President'' means the 
        President of the United States, acting through the 
        Assistant to the President for Homeland Security, in 
        coordination with the Secretary of State, the 
        Commissioner of Immigration and Naturalization, the 
        Attorney General, the Director of Central Intelligence, 
        the Director of the Federal Bureau of Investigation, 
        the Secretary of Transportation, the Commissioner of 
        Customs, and the Secretary of the Treasury.
          (7) USA patriot act.--The term ``USA PATRIOT Act'' 
        means the Uniting and Strengthening America by 
        Providing Appropriate Tools Required to Intercept and 
        Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 
        (Public Law 107-56).

                                
