[Senate Report 110-261]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report

                                 SENATE
 2d Session                                                     110-261
_______________________________________________________________________

                                     

                                                       Calendar No. 568


                 COAST GUARD AUTHORIZATION ACT OF 2007

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1892



                                     

                February 5, 2008.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred tenth congress
                             second session

                   DANIEL K. INOUYE, Hawaii, Chairman
                   TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West         JOHN McCAIN, Arizona
    Virginia                         KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        GORDON H. SMITH, Oregon
BARBARA BOXER, California            JOHN ENSIGN, Nevada
BILL NELSON, Florida                 JOHN E. SUNUNU, New Hampshire
MARIA CANTWELL, Washington           JIM DeMINT, South Carolina
FRANK R. LAUTENBERG, New Jersey      DAVID VITTER, Louisiana
MARK PRYOR, Arkansas                 JOHN THUNE, South Dakota
THOMAS CARPER, Delaware              ROGER F. WICKER, Mississippi
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
          Margaret Cummisky, Staff Director and Chief Counsel
         Lila Helms, Deputy Staff Director and Policy Director
       Jean Toal Eisen, Senior Advisor and Deputy Policy Director
     Christine Kurth, Republican Staff Director and General Counsel
                Paul J. Nagle, Republican Chief Counsel
             Mimi Braniff, Republican Deputy Chief Counsel


                                                       Calendar No. 568
110th Congress                                                   Report

                                 SENATE
 2d Session                                                     110-261

======================================================================



 
                 COAST GUARD AUTHORIZATION ACT OF 2007

                                _______
                                

                February 5, 2008.--Ordered to be printed

                                _______
                                

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

                                 REPORT

                         [To accompany S. 1892]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1892) to reauthorize the Coast 
Guard for fiscal year 2008, and for other purposes, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of S. 1892, the Coast Guard Authorization Act for 
Fiscal Year 2008, as amended, is to authorize appropriations 
for fiscal year (FY) 2008 for the United States Coast Guard 
(Coast Guard) covering six accounts: (1) operation and 
maintenance expenses; (2) acquisition, construction, and 
improvement of facilities and equipment (AC&I); (3) retired 
pay; (4) environmental compliance and restoration; (5) 
research, development, testing and evaluation (RDT&E); and (6) 
reserve program. The bill also authorizes end-of-year military 
strength, training loads, and construction of the Chelsea 
Street Bridge in Chelsea, Massachusetts, and includes other 
provisions 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 (Public Law 107-296), the Coast Guard was 
transferred to the new Department of Homeland Security on March 
1, 2003. 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 also 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 
so 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, and one Port Security 
Team. It continues to operate six 110-foot Island Class patrol 
boats in the Persian Gulf. 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 
United States; 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 Coast Guard 
activities include 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. 
Since September 11, 2001, the Coast Guard's security 
responsibilities have increased significantly, with new 
authorities provided under the Maritime Transportation Security 
Act of 2002 (MTSA, Public Law 107-295).
  The Coast Guard is composed of approximately 41,500 active 
duty military personnel, 8,100 reservists, 7,400 civilian 
employees, and 28,300 Coast Guard Auxiliary volunteers. In 
2006, the Coast Guard responded to more than 28,300 calls for 
assistance, boarded 70,300 vessels, saved 4,400 lives, seized 
319,908 pounds of illegal narcotics and stopped 7,886 illegal 
migrants from reaching our shores. The Coast Guard conducted 
waterborne, aerial, and shore side security patrols, including 
approximately 193,000 to critical infrastructure and key 
assets. Additionally, the Coast Guard conducted more than 
32,000 security zone patrols near critical infrastructure. The 
Coast Guard escorted more than 7,800 naval vessels, vessels 
engaged in military outloads, vessels carrying certain 
dangerous cargoes in bulk, and high capacity passenger vessels, 
including cruise ships and ferry vessels. Coast Guard assets 
also patrolled to protect our fisheries stocks and responded to 
approximately 12,459 pollution incidents (7,374 from vessels 
and 5,085 from facilities).
  Further improvements in the Coast Guard's authority will 
better enable it to achieve its missions.
  Each year, maritime smugglers transport thousands of aliens 
to the United States with virtual impunity because the existing 
law does not sufficiently punish or deter such conduct. 
According to Coast Guard data, more than 6,000 migrants were 
interdicted in 2006 and 40 percent of those interdictions were 
suspected smuggling events. However, the prosecution rate for 
smugglers since 2005 is only 10 percent. Additional authority 
would better enable the Coast Guard to combat this problem.
  Oil pollution from vessels continues to be a major risk our 
Nation faces. In 2006, the United States had net imports of 
12.2 million barrels of oil per day, more than twice as much as 
Japan and more than three times as much as China, the world's 
next largest importers. The transport of oil into the United 
States occurs primarily by sea with ports throughout the United 
States receiving over 40,000 shipments of oil in 2005. In 
addition, vessels not transporting oil, such as cargo and 
freight vessels, fishing vessels, and passenger ships, often 
carry tens of thousands of gallons of fuel oil to power their 
engines. According to Coast Guard data, while the number of oil 
spills from vessels has decreased notably since passage of the 
Oil Pollution Act of 1990 (OPA 90), the volume of oil spilled 
nationwide is still significant. The government Accountability 
Office (GAO), in its September 2007 report entitled ``Major Oil 
Spills Occur Infrequently, but Risks to the Federal Oil Spill 
Fund Remain'' (GAO-07-1085), found that 51 spills with costs 
above $1 million have occurred since 1990, costing a total of 
between $860 million and $1.1 billion.
  A comparison of data from 1992 and 2004 is telling. In 1992, 
there were 5,310 reported vessel spills in U.S. waters, 
amounting to 665,432 gallons of oil; in 2004, the total was 
higher, at 722,768 gallons, and a considerable number of spills 
are still occurring. In 2004, there were 3,897 reported vessel 
spills in U.S. waters, including 35 spills from tank ships, 143 
spills from barges, and 1,527 spills from other vessels, 
including cargo ships. Another 1,055 were from unknown sources. 
Furthermore, even though the number of spills from tankers 
declined from 193 spills in 1992 to 35 spills in 2004, a single 
incident from a vessel like the Exxon Valdez can be 
devastating, both environmentally and economically.
  The transportation of hazardous cargo in the maritime domain, 
particularly the transportation of highly combustible liquid 
energy products, poses a unique threat to the safety and 
security of our nation's ports and the urban populations 
surrounding them.

                         Summary of Provisions

  S. 1892, as reported, would authorize appropriations for the 
Coast Guard accounts covered in the bill totaling approximately 
$8.2 billion for FY 2008.
  Operating Expenses.--The Coast Guard uses 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 2008, S. 1892 would 
authorize $5.894 billion for operating expenses, an increase of 
approximately $326 million from the FY 2007 appropriated level. 
From that amount, $24.5 million would be transferred from the 
Oil Spill Liability Trust Fund to the operating expenses 
account.
  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 
arming helicopters; recapitalizing the National Distress and 
Response System; implementing the vessel Automatic 
Identification System (AIS); aircraft sensor, avionics, and 
engine upgrades; the Integrated Deepwater System project; and 
various shore facility upgrades to those units in need. For FY 
2008, S. 1892 would authorize $998 million; of that amount $836 
million would fund the Integrated Deepwater System and $81 
million would fund Rescue 21. The AC&I authorization directs 
that $20 million would be transferred from the Oil Spill 
Liability Trust Fund to the AC&I account.
  Retired Pay.--Funds from this account are used for retired 
pay, annuities, and medical care for retired military personnel 
and former Lighthouse Service members, their dependents, and 
their survivors under chapter 55 of title 10, United States 
Code. S. 1892 would authorize $1.184 billion for this account 
for FY 2008.
  Environmental Compliance and Restoration.--This account 
provides resources to bring current and former Coast Guard 
facilities into compliance with national environmental 
standards. S. 1892 would authorize $12 million for this account 
for FY 2008.
  RDT&E.--Funds from this account are used for applied 
scientific research that aids in the development of hardware, 
procedures, and systems that directly contribute to increasing 
the productivity of Coast Guard operating and regulatory 
programs. S. 1892 would authorize $17.583 million for this 
account.
  Reserve Programs.--The Coast Guard Reserve Forces provide 
trained and qualified personnel available for active duty in 
time of war or national emergency and at such other times as 
the national security requires. Reserve personnel maintain 
their readiness through realistic coordinated mobilization 
exercises, formal military training and duty alongside regular 
Coast Guard members during routine and emergency operations. S. 
1892 would authorize $126 million to provide resources to fully 
train, support, and sustain a reserve force of approximately 
8,100 members. S. 1892, as reported, authorizes $126.8 million 
for FY 2008.
  Title II of S. 1892, as reported, would improve the 
organizational flexibility of the Coast Guard as well as 
increase the authorities of the Coast Guard with respect to 
maritime authorities and activities with foreign governments.
  Title III of S. 1892, as reported, would authorize several 
significant changes in the way the Coast Guard utilizes its 
Reserve personnel, conducts officer promotions, and retains 
personnel leave in emergency situations.
  Title IV of S. 1892, as reported, would authorize the Coast 
Guard to enter into beneficial public-private partnerships as 
well as address administrative needs of the Coast Guard.
  Title V of S. 1892, as reported, would include several 
provisions that would aid in improving navigation of vessels 
and the authority of the Coast Guard to regulate shipping.
  Title VI of S. 1892, as reported, would give the Coast Guard 
the authority necessary to prosecute those who help those who 
seek to enter the United States by unlawful entry.
  This bill would give the Coast Guard the authority it needs 
to prosecute mariners who intentionally smuggle aliens on board 
their vessels with reckless disregard of Federal laws. It also 
provides protection for legitimate mariners who encounter 
stowaways or individuals who may need medical attention.
  Title VII of S. 1892, as reported, would include multiple 
provisions from S. 1620, the Oil Pollution Prevention and 
Response Act of 2007, that provide the Coast Guard and the 
National Oceanic and Atmospheric Administration (NOAA) with 
additional authorities under OPA 90. This bill has multiple 
provisions that would help address oil pollution from vessels 
and would also increase the principal amount of funds that 
support the Oil Spill Recovery Institute (OSRI) by $12.851 
million.
  Title VIII of S. 1892, as reported, would include provisions 
from S. 1594 to improve port safety and security for EHC, and 
for other purposes. Provisions are contained in this bill to 
develop international safety and security standards for the 
loading, unloading, crewing, handling and transportation of 
especially hazardous cargo (EHC) to minimize the risk and 
threats posed by a terrorist attack on these vessels while 
protecting public health, the environment and the economy.
  Title IX of S. 1892, as reported, includes numerous 
miscellaneous provisions that relate to the Coast Guard.

                          Legislative History

  S. 1892 was introduced in the Senate on July 26, 2007, by 
Senator Cantwell and co-sponsored by Senator Snowe, Senator 
Inouye, Senator Stevens, Senator Lautenberg, and Senator Lott. 
The bill was referred to the Senate Committee on Commerce, 
Science, and Transportation. On August 2, 2007, the bill was 
considered by the Committee in an open Executive Session. The 
Committee adopted a package of amendments proposed by Senator 
Cantwell and an amendment proposed by Senator Nelson relating 
to crewman's paychecks. The Committee, by voice vote, ordered 
the bill to be reported with amendments.

                            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:

S. 1892--Coast Guard Authorization Act for Fiscal Year 2008

    Summary: S. 1892 would specifically authorize 
appropriations of $7.1 billion through fiscal year 2012, 
primarily for activities of the U.S. Coast Guard (USCG) for 
2008. The bill also would authorize the appropriation of 
whatever amounts are necessary for the Coast Guard to acquire 
two icebreakers. CBO estimates that implementing the bill would 
result in discretionary spending of $1.7 billion in fiscal year 
2008 and nearly $3.6 billion over the 2008-2012 period, 
assuming appropriation of the authorized and necessary amounts.
    CBO estimates that enacting S. 1892 also would result in 
new direct spending of $147 million over the 2008-2012 period 
and $207 million over the 2008-2017 period, most of which would 
stem from permanently authorizing a USCG housing program.
    We estimate that enacting this legislation would increase 
revenues from civil penalties by $8 million in 2008, by $31 
million over the 2008-2012 period, and by $56 million over the 
2008-2017 period.
    S. 1892 contains intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
because it would impose new requirements on owners and 
operators of certain vessels and ports. In addition, the bill 
would require public and private entities to respond to 
subpoenas. The aggregate costs to public and private entities 
of complying with those mandates are uncertain and would 
depend, in part, on future regulations. CBO estimates that the 
costs of those mandates would not exceed the annual threshold 
established in UMRA for intergovernmental mandates ($66 million 
in 2007, adjusted annually for inflation) due to the small 
number of public entities involved. The cost of many of the 
mandates on private entities would be small relative to the 
annual threshold established by UMRA for private-sector 
mandates ($131 million in 2007, adjusted annually for 
inflation). However, because the cost of some of the mandates 
would depend on future regulations, CBO cannot determine 
whether the aggregate cost of private-sector mandates in the 
bill would exceed the annual threshold.
    Estimated cost to the Federal Government: The estimated 
budgetary effects of S. 1892 are summarized in Table 1. The 
costs of this legislation fall within budget functions 300 
(natural resources and environment) and 400 (transportation).

                                 TABLE 1.--ESTIMATED BUDGETARY IMPACT OF S. 1892
----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2008     2009     2010     2011     2012
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Specified Authorizations for USCG and NOAA:
    Authorization Level............................................    7,120       93       37       28       27
    Estimated Outlays..............................................    4,978    1,275      513      305      109
USCG Icebreakers:
    Estimated Authorization Level..................................    1,450        0       25       25       25
    Estimated Outlays..............................................      165      425      420      274      235
    Total Changes:
        Estimated Authorization Level..............................    8,570       93       62       53       52
        Estimated Outlays..........................................    5,143    1,700      933      579      344

                                               DIRECT SPENDING\1\

Estimated Budget Authority.........................................      100       30       21       21       21
Estimated Outlays..................................................        5       35       46       36       26

                                                   REVENUES\2\

Penalties for Smuggling Aliens.....................................        8        7        6        5        5
----------------------------------------------------------------------------------------------------------------
Note.--USCG = U.S. Coast Guard; NOAA = National Oceanic and Atmospheric Administration.
\1\See Table 3 for estimates of direct spending over the 2008-2017 period.
\2\See Table 4 for the estimated revenue impact over the 2008-2017 period.

    Basis of estimate: For this estimate, CBO assumes that S. 
1892 will be enacted early in fiscal year 2008 and that the 
amounts authorized by the bill and estimated to be necessary 
for Coast Guard icebreakers will be appropriated for each year.

Spending subject to appropriation

    The proposed authorization levels shown in Table 2 are 
those specified by the bill for the Coast Guard and for the 
National Oceanic and Atmospheric Administration (NOAA) and the 
amounts estimated to be necessary for USCG icebreakers as 
authorized by title IX. The table excludes $24 million to be 
derived from the Oil Spill Liability Trust Fund (OSLTF) for 
USCG operating expenses because that amount is already 
authorized under existing law. Estimated outlays are based on 
historical spending patterns for the Coast Guard and NOAA.
    USCG Authorizations for Fiscal Year 2008. Title I would 
reauthorize funding for ongoing USCG activities for 2008. 
Specifically, title I would authorize the appropriation of 
about $6 billion for USCG operations, including $127 million 
for reserve training and $12 million for environmental 
compliance activities. Title I also would authorize the 
appropriation of about $1 billion for capital acquisitions and 
other multiyear projects, including $18 million for research 
activities and $3 million for bridge alterations. Of the 
amounts authorized by title 1, $44 million would be derived 
from the OSLTF.
    CBO estimates that appropriating the amounts specified in 
title I for ongoing USCG activities would increase 
discretionary spending by $4.9 billion in 2008 and $6.9 billion 
over the 2008-2012 period.
    Title I also would authorize the appropriation of about 
$1.2 billion for Coast Guard retirement benefits in 2008, but 
that amount is excluded from this estimate because such 
benefits are considered an entitlement under current law and 
are not subject to appropriation. Thus, the authorization of 
those amounts has no additional budgetary impact.
    USCG Icebreakers. For fiscal year 2008, section 917 would 
authorize the appropriation of whatever amounts are necessary 
to acquire two new icebreakers and to achieve and maintain full 
operational capability of the rest of the agency's icebreaker 
fleet (currently three ships). CBO estimates that implementing 
section 917 would increase discretionary spending by $165 
million in 2008 and nearly $1.5 billion over 2008-2012 period, 
assuming appropriation of the necessary amounts.

                           TABLE 2.--SPENDING SUBJECT TO APPROPRIATIONS UNDER S. 1892
----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2008     2009     2010     2011     2012
----------------------------------------------------------------------------------------------------------------
                                 CHANGES IN SPENDING SUBJECT TO APPROPRIATION\1\

Reauthorization of USCG Spending:
    Estimated Authorization Level..................................    7,028        0        0        0        0
    Estimated Outlays..............................................    4,914    1,192      463      269       80
USCG Icebreakers:
    Estimated Authorization Level..................................    1,450        0       25       25       25
    Estimated Outlays..............................................      165      425      420      274      235
Other USCG Programs:
    Authorization Level............................................       31       33        5        3        2
    Estimated Outlays..............................................       25       31       10        5        2
NOAA Authorizations:
    Authorization Level............................................       61       60       32       25       25
    Estimated Outlays..............................................       39       52       40       31       27
Total Changes:
        Estimated Authorization Level..............................    8,570       93       62       53       52
        Estimated Outlays..........................................    5,143    1,700      933      579     344
----------------------------------------------------------------------------------------------------------------
\1\The USCG has not yet received a full-year appropriation for fiscal year 2008. Appropriations to the agency
  for 2007 totaled to nearly $7.2 billion.

    Assuming appropriation of the necessary amounts, CBO 
estimates that the USCG would spend about $1.4 billion over the 
next five years to purchase two icebreakers. (Costs to operate 
and maintain the two new vessels would total about $50 million 
a year beginning in 2013.) We estimate that an additional $50 
million would be spent over the 2008-2010 period to recondition 
an existing USCG icebreaker, which is currently out of 
operation. Operating and maintaining that vessel would cost 
about $10 million in 2010 and about $25 million annually 
thereafter. This estimate is based on information provided by 
the Coast Guard regarding the cost of constructing, operating, 
and maintaining such vessels to agency specifications.
    Other USCG Authorizations. The bill also would authorize 
appropriations for other USCG activities. CBO estimates that 
the appropriation of those amounts would increase discretionary 
outlays by $25 million in 2008 and by $73 million over the 
2008-2012 period. Those authorizations include:
           $25 million for each of fiscal years 2008 
        and 2009 to support LORAN-C navigation,
           $2 million for each of fiscal years 2008 
        through 2010 for grants to develop sensors that detect 
        oil discharges,
           $1.8 million for each of fiscal years 2008 
        and 2009 to prepare assessments of vessel traffic in 
        Alaska,
           $1 million for each of fiscal years 2008 and 
        2009 to operate a Web-based risk-management system to 
        help reduce accidents and fatalities,
           $1 million annually through 2012 for the 
        Delaware River and Bay Oil Spill Advisory Committee,
           $0.5 million annually through 2012 to help 
        tribal governments participate in oil spill recovery 
        activities, and
           An estimated $200,000 in 2008 for a study of 
        the Olympic Coast's need for a tugboat to respond to 
        emergencies.
    Section 916 would establish a Support of Seafarers Fund to 
pay the expenses of seamen who are abandoned by their ships or 
who must remain in the United States as witnesses in certain 
legal proceedings. The proposed fund would be available to pay 
seamen's wages and subsistence, medical care, repatriation, and 
other expenses. The fund would receive amounts appropriated to 
it (at an authorized level of $1.5 million for each of fiscal 
years 2009 through 2011), transferred from other federal 
accounts, or reimbursed by shipowners.
    Assuming appropriation of the amounts authorized to be paid 
into the new fund, CBO estimates that implementing this 
provision would increase discretionary spending by $4.5 million 
over the 2009-2012 period. We estimate that direct spending of 
amounts transferred to the fund from other accounts or amounts 
reimbursed by ship owners (which would be treated as offsetting 
receipts, a credit against direct spending) would be minimal.
    NOAA Authorizations. S. 1892 would authorize appropriations 
for several programs carried out by NOAA. CBO estimates that 
appropriating those amounts would increase discretionary 
outlays by $39 million in 2008 and by $189 million over the 
2008-2012 period.
    The authorizations for NOAA include:
           $28 million for each of fiscal years 2008 
        and 2009 for financial assistance to certain Alaskan 
        communities under the Fur Seal Act,
           $15 million a year from the OSLTF for oil-
        spill response and damage assessments,
           $10 million a year through 2012 for a 
        program to prevent oil spills from small vessels,
           $7 million for each of fiscal years 2008 
        through 2010 to purchase environmental data obtained 
        from unmanned aerial vehicles, and
           $0.7 million in 2008 to conduct an emergency 
        drill in the Olympic Coast National Marine Sanctuary.

Changes in direct spending

    Several provisions of the bill would increase direct 
spending or reduce offsetting receipts (a credit against direct 
spending). CBO estimates that those provisions would increase 
net direct spending by $5 million in fiscal year 2008, by $147 
million over the 2008-2012 period, and by $207 million over the 
2008-2017 period (see Table 3).

                                              TABLE 3.--ESTIMATED CHANGES IN DIRECT SPENDING UNDER S. 1892
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2008   2009   2010   2011   2012   2013   2014   2015   2016   2017  2008-2012  2008-2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING

USCG Housing Authority:
    Estimated Budget Authority..............................    100     30     20     20     20     10      0      0      0      0       190        200
    Estimated Outlays.......................................      5     35     45     35     25     20     15     10     10      0       145        200
Payments to the Oil Spill Recovery Institute:
    Estimated Budget Authority..............................      *      *      *      1      1      1      1      1      1      1         2          7
    Estimated Outlays.......................................      *      *      *      1      1      1      1      1      1      1         2          7
Total Changes:
    Estimated Budget Authority..............................    100     30     21     21     21     11      1      1      1      1       193        208
    Estimated Outlays.......................................      5     35     46     36     26     21     16     11     11      1       147       207
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note.--* = less than $500,000.

    USCG Housing Authority. Section 910 would repeal the 
expiration date on the Coast Guard's authority to finance 
housing construction for its military employees through private 
developers. CBO expects that this provision would enable the 
Coast Guard to execute new contracts with developers to build 
several military housing projects over the next 10 years, 
thereby increasing direct spending by $5 million in 2008, by 
$145 million over the 2008-2012 period, and by about $200 
million over the 2008-2017 period.
     The Coast Guard was authorized to use direct loans and 
loan guarantees, lease-purchases, limited partnerships, and 
similar means to finance projects for employees' housing, but 
that authority expired at the end of fiscal year 2007. Based on 
the agency's current plans, we expect that, if the authority is 
made permanent, the Coast Guard would execute agreements with 
private developers to provide employees with over 1,100 housing 
units. We expect that such housing would be acquired by leasing 
federal land to developers, who would then construct apartment 
buildings, townhouses, or other dwellings that would be rented 
primarily to Coast Guard military personnel. The developers 
would thus recoup their investments through the Coast Guard's 
annual appropriations over the life of the buildings.
     CBO estimates that such USCG housing projects would 
encompass nearly 750 units in Cape May, New Jersey, and various 
locations in Alaska, for a total obligation of about $130 
million over fiscal years 2008 and 2009. We estimate that the 
agency would finalize several smaller projects in each of 
fiscal years 2010 through 2013 for an additional obligation of 
$70 million.
     Because entering into such leases would effectively 
obligate the federal government to pay the costs of employees' 
housing in advance of annual appropriations, the full cost of 
those projects--an estimated $200 million--should be recorded 
in the budget as new budget authority at the time of the lease 
agreements. Based on spending patterns for similar 
construction, we estimate that outlays for the projects would 
total about $80 million through 2012 and $180 million through 
2017. For this estimate, CBO assumes that the leases would be 
similar to arrangements made by other federal agencies with 
developers, under which the federal government assumes 
substantial risk, and that spending would be recorded over each 
project's construction period.
     The Coast Guard could execute additional agreements for 
housing after 2013, but CBO has no basis for estimating the 
costs of such potential obligations. Current USCG plans have 
focused on housing needs in New Jersey and Alaska, and the 
agency's plans for other locations have not advanced 
sufficiently to enable CBO to estimate future obligations.
     Oil Spill Recovery Institute (OSRI). Section 717 would 
increase direct spending from the Oil Spill Liability Trust 
Fund by about $500,000 a year beginning in 2009 by requiring 
the 7 Secretary of the Treasury to pay more of that fund's 
annual interest earnings to OSRI, an Alaska-based research 
institute.
     Under current law, OSRI receives payments from the OSLTF 
equal to the interest earned in the previous year on $22.5 
million of that fund's balances. Such payments--recently less 
than $1 million a year--are not subject to appropriation action 
and are used by the institute to carry out research on oil 
spills. Section 717 would increase the portion of the OSLTF's 
principal whose interest earnings would be allocated to OSRI by 
nearly $13 million, resulting in an increase in annual payments 
to the institute beginning in 2009. Based on CBO's current 
projections of interest rates, we estimate that this provision 
would increase direct spending by about $500,000 in fiscal year 
2008, by $3 million over the 2008-2012 period, and by $7 
million over the 2008-2017 period.
     Other Direct Spending Provisions. Several provisions of S. 
1892 would direct the USCG to donate real and personal property 
to various parties such as local governments or nonprofit 
organizations. Because some of the affected vessels, real 
estate, or personal property could have been sold as surplus 
property under existing law, donating such assets could result 
in forgone offsetting receipts. Based on information provided 
by the Coast Guard, CBO estimates that such losses would be 
less than $500,000 a year.

Revenues

     S. 1892 would establish new penalties, mostly for the 
smuggling of aliens, resulting in estimated new revenue 
collections of $31 million over the 2008-2012 period and $56 
million over the 2008-2017 period (see Table 4).
     Title VI would impose new civil penalties for smuggling 
people into the United States on vessels, with the penalties 
varying based on the physical condition of the individuals 
being smuggled. The Coast Guard expects that it would collect 
new penalties under the bill from fewer than 100 smugglers a 
year, at a rate of about $100,000 per violation. Based on other 
information obtained from the Coast Guard regarding the number 
of individuals who are injured or die while being smuggled and 
on CBO assumptions regarding the effectiveness of federal 
penalties on smuggling activities, we estimate that enacting 
title VI would increase revenues by $8 million in 2008. We 
expect that the number of violations would fall after 2008.
     Additionally, section 1004 would impose a civil penalty 
for violating conditions for conveying vessels. Currently, U.S. 
vessels may be transferred to eligible entities for certain 
uses. The bill would apply certain conditions to such 
transfers; if those conditions are violated, penalties could be 
imposed. Because of the small number of cases likely to be 
involved, CBO estimates that this provision would have no 
significant effect on revenues.

                                                      TABLE 4.--ESTIMATED REVENUE IMPACT OF S. 1892
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        By fiscal year, in millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2008   2009   2010   2011   2012   2013   2014   2015   2016   2017  2008-2012  2008-2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   CHANGES IN REVENUES

Penalties for Smuggling Aliens..............................      8      7      6      5      5      5      5      5      5      5        31         56
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and Private-sector Impact: S. 1892 would 
impose intergovernmental and private-sector mandates, as 
defined in UMRA, on owners and operators of certain vessels and 
ports. Those mandates include a requirement on ports to allow 
crew members to leave and reboard ships without paying escort 
fees and a requirement to respond to subpoenas issued by the 
Secretary of Transportation. CBO estimates that the costs of 
those mandates would not exceed the annual threshold 
established by UMRA for intergovernmental mandates ($66 million 
in 2007, adjusted annually for inflation) due to the small 
number of public entities involved.
     In addition, the bill would impose new safety and security 
requirements on private entities. The aggregate cost to private 
entities of complying with some of the mandates in the bill is 
uncertain and would depend, in part, on future regulations. 
Because the costs of some of the mandates would depend on 
future regulations, CBO cannot determine whether the aggregate 
cost of the mandates would exceed the annual threshold 
established by UMRA for private-sector mandates ($131 million 
in 2007, adjusted annually for inflation).

Mandates that apply to both public and private entities

     Seamen's Shoreside Access. The bill would require ports to 
include in their security plans provisions that allow crew 
members to leave and reboard ships without paying escort fees. 
According to industry sources, fewer than 20 publicly or 
privately operated terminals are currently charging such fees. 
Moreover, few vessels dock at ports that charge such fees. CBO 
estimates, therefore, that the costs to those ports would be 
minimal.
     Subpoena Authority. The bill also would give the Secretary 
of Transportation authority to subpoena public and private 
entities in the course of an investigation related to a vessel 
conveyance. State, local, and tribal governments as well as 
private-sector entities if subpoenaed by the Secretary, would 
be required to provide testimony, documents, or other evidence. 
CBO expects that the Secretary would likely exercise this 
authority sparingly and that the costs to comply with a 
subpoena would not be significant for those entities.

 Mandates that apply to private entities only

     The bill would impose new safety and security requirements 
on owners and operators of certain vessels and facilities. 
Those requirements include but are not limited to safety 
standards and security requirements for transporting oil and 
hazardous cargo; a requirement to provide evidence of financial 
responsibility for oil spills; and a requirement to fund a tug 
to be available for emergency assistance.
     Standards for Facilities and Vessels that Transfer Oil. 
The bill would require certain facilities and vessels to meet 
new safety standards when transferring oil. The bill would 
direct the Secretary of Homeland Security to issue regulations 
to reduce the risk of oil spills in such operations. In 
implementing the standards, the Secretary would have to 
consider updating equipment requirements and operational 
procedures in high-risk areas. Because the cost of the 
requirements would depend upon the future actions of the 
Secretary, about which information is not available, CBO cannot 
estimate the cost of this mandate.
     Security for Certain Facilities. The bill would authorize 
the Secretary of Homeland Security to require certain 
facilities to share in the Coast Guard's costs of providing 
security for the transportation of especially hazardous cargo 
to those facilities. In the event that the Secretary implements 
such a program, designated facilities would be required to pay 
a share of the Coast Guard's costs, based on a formula 
developed by the Secretary. Because the costs of compliance, if 
any, would depend upon the future actions of the Secretary, 
about which information is not available, CBO cannot estimate 
the costs of this mandate.
     Extension of Financial Responsibility. The bill would 
require owners and operators of tank vessels weighing between 
100 gross tons and 300 gross tons to establish evidence of 
financial responsibility for any future oil spill. According to 
the Coast Guard, such evidence is usually established through 
an insurance guarantee. In effect, this provision would require 
owners and operators to show proof of insurance that they are 
required to carry under current law. According to industry 
sources, few entities own or operate tank vessels weighing less 
than 300 gross tons. Consequently, CBO estimates that the cost 
to comply with this requirement would be small relative to the 
annual threshold established by UMRA.
     Year-Round Response Tug. The bill would require a tugboat 
that is capable of providing rapid assistance and towing 
capability to disabled vessels to be stationed in the entry to 
the Strait of Juan de Fuca at Neah Bay year-round. A rescue tug 
is currently available (andfunded) only during the winter 
months. Tank vessels that are required to have an emergency response 
plan could be required to share the costs of funding the response tug 
year-round. Based on information from the Coast Guard, CBO expects that 
the costs of complying with the mandate would be small relative to the 
annual threshold.

Other impacts

     The bill also would benefit state and local governments as 
well as public universities by conveying certain boathouses, 
ships, aircraft, and land rights to those governments and 
entities, and by authorizing grant programs.
    Previous CBO estimates: On August 29, 2007, CBO transmitted 
a cost estimate for H.R. 2830, the Coast Guard Authorization 
Act of 2007, as ordered reported by the House Committee on 
Transportation and Infrastructure on June 28, 2007. On 
September 29, 2007, we transmitted a cost estimate for H.R. 
2830 as ordered reported by the House Committee on Homeland 
Security. Both versions of H.R. 2830 and S. 1892 would 
authorize appropriations for ongoing USCG activities for 2008, 
but the three bills authorize different amounts (and somewhat 
different activities), as reflected in the CBO cost estimates.
     Two differences in the bills involve significant amounts. 
First, S. 1892 would extend the Coast Guard's authority to 
acquire employee housing through third-party financing 
arrangements, resulting in new direct spending of $200 million 
over the 2008-2017 period. In addition, the Senate bill would 
authorize the appropriation of whatever amounts are necessary 
(an estimated $1.45 billion) for the acquisition, operation, 
and maintenance of polar icebreakers. Neither version of H.R. 
2830 contains either of those provisions.
     Estimate prepared by: Federal Spending: Deborah Reis; 
Federal Revenues: Barbara Edwards; Impact on State, Local, and 
Tribal Governments: Elizabeth Cove; Impact on the Private 
Sector: Jacob Kuipers.
     Estimate approved by: Theresa Gallo, Deputy Assistant 
Director for Budget Analysis; G. Thomas Woodward, Assistant 
Director for Tax 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. 1892 as reported by the Committee would authorize 
appropriations to continue existing Coast Guard programs and 
make a number of changes to current law. The bill would 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 section are discussed in the paragraphs below.

                            ECONOMIC IMPACT

  S. 1892 would enhance existing Coast Guard authorities and 
authorize funding for Coast Guard activities that have a 
positive impact on the U.S. economy by ensuring the safety and 
security of maritime commerce and enforcing our fisheries laws. 
For example, the provisions of title VII would improve oil 
spill prevention and response capabilities that could assist in 
avoiding future incidents that have a negative economic impact 
at the local, State, and Federal level.
  The bill also would benefit State and local governments and 
public universities through the conveyance of specific 
boathouses, ships, aircraft, and land rights to those 
governments and universities.

                                PRIVACY

  The reported bill would have little, if any, impact on the 
personal privacy of U.S. citizens.

                               PAPERWORK

  The reported bill should not significantly increase paperwork 
requirements for individuals and businesses.

                   Congressionally Directed Spending

  In accordance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides the 
following identification of congressionally directed spending 
items contained in the bill, as reported:

------------------------------------------------------------------------
         Section                 Provision                Member
------------------------------------------------------------------------
Authorization             Construction of         Sen. Kerry
                           Chelsea Street Bridge
                           in Chelsea, MA.
------------------------------------------------------------------------
Section 705               Olympic Coast National  Sen. Cantwell
                           Marine Sanctuary.
------------------------------------------------------------------------
Section 716               Vessel traffic risk     Sen. Stevens
                           assessments.
------------------------------------------------------------------------
Section 717               Oil spill liability     Sen. Stevens
                           trust fund investment
                           amount data.
------------------------------------------------------------------------
Section 905               Extension.............  Sen. Lautenberg
------------------------------------------------------------------------
Section 918               Fur Seal Act            Sen. Stevens
                           authorization.
------------------------------------------------------------------------

                      Section-by-Section Analysis

  S. 1892 authorizes appropriations and levels of military 
strength and training for the Coast Guard for FY 2008, and 
includes other provisions to address issues related to the 
Coast Guard.

                         TITLE I--AUTHORIZATION

Section 101. Authorization of appropriations.
  Section 101 would authorize $5.894 billion for operating 
expenses; $998 million for AC&I $1.184 billion for retired 
pay; $12 million for environmental compliance and restoration 
functions; $17.583 million for RDT&E programs related to 
maritime technology; $126 million for the reserve program; and 
$3 million for the construction of a new Chelsea Street Bridge 
in Chelsea, Massachusetts.
Section 102. Authorized levels of military strength and training.
  Section 102 would provide the Coast Guard's active duty 
military personnel end-of-year strength as well as its average 
military training student loads for FY 2008. S. 1892, as 
reported, would authorize the Coast Guard's levels of military 
strength and training for FY 2008 to the following levels:


------------------------------------------------------------------------
        Military Strength and Training                   Level
------------------------------------------------------------------------
Active Duty Personnel........................  45,500
Recruit and Special Training.................  2,500
Flight Training..............................  165
Professional Training........................  350
Other Aquisition.............................  200
------------------------------------------------------------------------

  This authorized strength would 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.
Section 103. Web-based risk management data system.
  Section 103 would provide an authorization of $1,000,000 for 
FY 2008 and FY 2009 for the Coast Guard to continue their use 
of a web-based risk management system that links occupational 
health and safety databases to reduce accidents and fatalities 
of Coast Guard personnel. This section also would require a 
status report of this system, first established under the Coast 
Guard and Marine Transportation Act of 2005 (Public Law 109-
241), within 90 days after enactment.

                         TITLE II--ORGANIZATION

Section 201. Vice commandant; vice admirals.
  Section 201 would increase the organizational flexibility of 
the current Coast Guard command structure, as well as align the 
Coast Guard's rank structure with other armed forces. This 
section would change the Vice Commandant position from a 3-star 
position to a 4-star position and would authorize the President 
to appoint no more than four vice admirals. This would provide 
the flexibility to increase the number of vice admirals if 
circumstances warrant, but does not compel such an increase.
Section 202. Merchant Mariner Medical Advisory Committee.
  Section 202 would establish an advisory committee of medical 
subject matter specialists familiar with the unique maritime 
occupational environment. These subject matter specialists 
would advise the Secretary of the Department in which the Coast 
Guard is operating (Secretary), currently the Department of 
Homeland Security, on medical matters relating to the issuance 
of Merchant Mariner Credentials. The advisory group also would 
be responsible for establishing the medical standards and 
guidelines for the physical qualifications of operators of 
vessels for use by those medical professionals who examine and 
qualify mariners as ``fit'' for occupational duty. This 
provision is based on a National Transportation Safety Board 
recommendation.
Section 203. Authority to distribute funds through grants, cooperative 
        agreements, and contracts to maritime authorities and 
        organizations.
  Section 203 would give the Coast Guard limited authority to 
provide financial support for international maritime 
authorities and organizations which collect and maintain 
certain databases. The Coast Guard expects this support would 
total approximately $100,000 per year. The databases would 
collect information on foreign vessels and ports that could be 
used to maintain and enhance U.S. maritime safety and security. 
The provision would require the Commandant to consult with the 
Secretary of State when providing such support.
  In order to access global safety and security information on 
foreign vessels, the United States entered into an agreement 
with six foreign maritime authorities to form EQUASIS, a global 
clearinghouse for Port State Control information from all 
countries. However, current statutory authority does not permit 
the Coast Guard to use appropriated funds to support, maintain, 
and expand these international Port State Control efforts of 
EQUASIS and other similar systems.
Section 204. Assistance to foreign governments and maritime 
        authorities.
  Section 204 would clarify the Coast Guard's authority to 
expend funds to assist foreign governments and maritime 
authorities for activities that might be considered outside the 
scope of traditional ``technical assistance,'' including 
detailing personnel, convening conferences and seminars, and 
distributing publications designed to develop the maritime 
capabilities of key partner Nations.

                          TITLE III--PERSONNEL

Section 301. Emergency leave retention authority.
  Section 301 would give the Secretary, and all other service 
secretaries, the authority to allow service members to retain 
leave they would otherwise forfeit due to support of major 
disasters or other emergencies declared by the President under 
the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (Public Law 93-288, 42 U.S.C. 5121 et seq.). As a result of 
several major events such as the September 11, 2001, attacks 
and Hurricanes Katrina, Rita, and Wilma, many Coast Guard 
members have been unable to take leave, which they had already 
accrued, before the end of a fiscal year. Since only 60 days of 
leave may be carried over from one fiscal year to the next, 
this has resulted in Coast Guard members losing leave they have 
already earned.
Section 302. Legal assistance for Coast Guard reservists.
  Section 302 would amend section 1044(a)(4) of title 10, 
United States Code, to establish parity among all similarly 
situated reservists by making Coast Guard reservists, who have 
served on active duty for more than 30 days under mobilization 
authority, eligible for legal assistance upon release from 
active duty.
Section 303. Reimbursement for certain medical-related travel expenses.
  Section 303 would amend section 1074i of title 10, United 
States Code, to allow for the reimbursement of reasonable 
travel-related expenses when a service member is stationed on 
an island inside the continental United States, and his or her 
family member is referred to a specialty care provider off-
island that is less than 100 miles from the primary care 
provider.
Section 304. Number and distribution of commissioned officers on the 
        active duty promotion list.
  Section 304 would amend section 42 of title 14, United States 
Code, to permit the Secretary (1) to extend the 6,700 Coast 
Guard commissioned officer cap; (2) to make that number 
applicable only to the commissioned officers on the Coast Guard 
Active Duty Promotion List; and (3) to provide guidance for the 
management of these commissioned officers. This section also 
would provide for a temporary two percent increase to 
accommodate a recurrent and temporary annual spike in the 
number of commissioned officers the Coast Guard Academy 
graduates annually, thereby ensuring when the statutory cap of 
6,700 is not exceeded.
Section 305. Reserve commissioned warrant officer to lieutenant 
        program.
  Section 305 would expand the President's existing authority 
to appoint temporary commissioned officers to allow the 
appointment of temporary commissioned officers in the Reserves 
(in a grade not above lieutenant) from among Reserve Chief 
Warrant Officers (CWOs). The qualifications and requirements 
that apply to appointments from among the CWOs in the Regular 
Coast Guard would apply to those appointments from the Reserve 
CWOs.
Section 306. Enhanced status quo officer promotion system.
  Section 306 would afford the Commandant the flexibility, when 
needed, to furnish selection boards with specific direction to 
consider the specialty needs of the officer corps during the 
selection programs while preserving the ``best qualified'' 
promotion system. Such specialty needs selections would be 
limited, as are ``below promotion zone'' selections.
Section 307. Appointment of civilian Coast Guard judges.
  Section 307 would provide a limited authority to enable the 
Secretary to appoint civilian judges to the Coast Guard Court 
as vacancies occur.
Section 308. Coast Guard Participation in the Armed Forces Retirement 
        Home System.
  Section 308 would provide the Coast Guard parity with 
veterans of the other military services and allow Coast Guard 
enlisted and warrant officer personnel to be eligible for 
admission into the Armed Forces Retirement Home system.

                        TITLE IV--ADMINISTRATION

Section 401. Cooperative agreements for industrial activities.
  Section 401 would simplify accounting requirements by 
authorizing appropriations to remain available for payment 
beyond the year in which they are appropriated for industrial 
work performed by the Coast Guard for the Department of Defense 
(DOD) or Department of Homeland Security.
Section 402. Defining Coast Guard vessels and aircraft.
  Section 402 would amend title 14, United States Code, by 
adding a new section 638a. The new section would define ``Coast 
Guard vessels and aircraft'' for the purposes of sections 637 
and 638. The definition would include non-traditional vessels 
and aircraft from which Coast Guard personnel may conduct Coast 
Guard missions and exercise Coast Guard authority.
Section 403. Specialized industrial facilities.
  Section 403 would authorize the Coast Guard Yard (Yard) and 
other industrial facilities to enter into public-private 
partnerships. This section would require that the Coast Guard 
be reimbursed for its proportional share of the costs of such 
partnerships. The Committee notes that there is similar DOD 
authority found at in section 2474 of title 10, United States 
Code.
Section 404. Authority to construct Coast Guard recreational 
        facilities.
  Section 404 would amend section 681 of title 14, United 
States Code, to include ``recreational housing'' in the same 
regard as ``military unaccompanied housing.'' This would give 
the Coast Guard the authority to enter into public-private 
partnerships to construct recreational housing. The authority 
would not impact the Coast Guard's operational funding, 
personnel, or mission. The Committee is aware that Hurricane 
Katrina destroyed the Coast Guard's recreational facilities in 
Daulphin Island, Alabama, and due to the current statutory 
restrictions on the definition of ``military unaccompanied 
housing,'' the Coast Guard cannot rebuild these recreational 
facilities through public-private partnerships. The Committee 
intends that this language would remedy situations such as 
Daulphin Island.

                    TITLE V--SHIPPING AND NAVIGATION

Section 501. Technical amendments to chapter 13 of title 46, United 
        States Code.
  Section 501 would make two technical corrections to chapter 
313 of title 46, United States Code. The first provision would 
update the chapter by replacing references to the Secretary of 
Transportation with the Secretary of the Department of Homeland 
Security as appropriate. The second change would correct the 
chapter's penalty provision, section 31330, and its incorrect 
application of punishment for a mortgagor.
Section 502. Clarification of rulemaking authority.
  Section 502 would clarify that the Secretary may issue 
regulations to implement, as necessary, chapter 701 of title 
46, United States Code, at any time. This section would 
eliminate any ambiguity that could allow section 102(d) of MYSA 
to be read as limiting the Secretary's ability to implement 
chapter 701 beyond one year, rather than to give the Secretary 
an Administrative Procedures Act waiver. Chapter 701 was 
enacted by section 102(a) of MTSA. Section 102(d) provided the 
Secretary expedited rulemaking authority to implement chapter 
701.
Section 503. Coast Guard to maintain LORAN-C navigation system.
  Section 503 would require the Secretary of the Department of 
Transportation to maintain the LORAN-C navigation system until 
the Secretary of the Department in which the Coast Guard is 
operating is authorized by statute to cease operations of 
LORAN-C. This section would authorize appropriations to the 
Secretary of the Department of Transportation in the amount of 
$25 million for each of FY 2008 and FY 2009 for capital 
expenses related to the LORAN-C infrastructure, in addition to 
funds authorized to the Coast Guard for operation of the LORAN-
C system.
  The President's budget request for FY 2008 requested $7.2 
million to begin shutting down LORAN-C because the Coast Guard 
believes LORAN-C is no longer necessary. The Coast Guard has 
proposed terminating the LORAN-C program and operations in the 
past and in June of 2006, the Senate Appropriations Committee 
denied this request, as stated in Conference Report 109-699 
that accompanied the FY 2007 Department of Homeland Security 
Appropriations bill. Additionally, that conference report 
directed the Secretary of Homeland Security, in consultation 
with the Secretary of Transportation, to submit a report 
regarding the future of the LORAN-C system. Public comments 
were requested in association with the development of this 
report, and an overwhelming majority of diverse stakeholders 
supported retention of the LORAN-C system.
Section 504. Nantucket Sound ship channel weather buoy.
  Section 504 would instruct the National Weather Service to 
deploy a weather buoy adjacent to the main ship channel of 
Nantucket Sound.
Section 505. Limitation on maritime liens on fishing permits.
  Section 505 would amend subchapter I of chapter 313 of title 
46, United States Code, by adding section 31310. This provision 
would expressly forbid maritime liens from attaching fishing 
permits issued under State or Federal law and block civil 
actions asserting liens on fishing permits.
Section 506. Vessel rebuild determinations.
  Section 506 would instruct the Secretary to provide a report 
on Coast Guard rebuild determinations under section 67.177 of 
title 46 of the Code of Federal Regulations. This report would 
make recommendations to improve transparency in the Coast 
Guard's foreign rebuild determination process, among other 
things.

                   TITLE VI--MARITIME LAW ENFORCEMENT

Section 601. Maritime law enforcement.
  Section 601 would amend subtitle VII of title 46, United 
States Code, by adding chapter 707. This new chapter would 
clarify and strengthen the ability of the Coast Guard to 
improve the security of ports-of-entry and coasts of the United 
States against unlawful entry by those who seek to enter the 
United States without official permission or lawful authority.
  This section would make it a felony for any person on board a 
vessel less than 300 gross tons that is subject to the 
jurisdiction of the United States to transport or facilitate 
the transportation of, harboring, or concealment of an alien on 
board knowingly or having reason to know that the alien is 
attempting to unlawfully enter the United States from another 
country. The provision would allow for a mandatory three-year 
minimum sentence coupled with a fine of up to $100,000 for each 
violation, with increased fines for violations which result in 
serious bodily injury or death. This section also would provide 
protection for legitimate merchant mariners who encounter 
stowaways, as well as legitimate Good Samaritans, but would 
establish reasonable measures to preclude smugglers from 
successfully asserting a false rescue defense.

                  TITLE VII--OIL POLLUTION PREVENTION

Section 701. Rulemakings.
  Section 701 would require the Coast Guard to provide a report 
to Congress on the status of all rulemakings required but not 
yet finalized under OPA 90, for automatic identification 
systems on vessels, and for inspection requirements applicable 
to towing vessels. It also would require the remaining rules 
for OPA 90 to be completed within 18 months.
Section 702. Oil spill response capability.
  Section 702 would require the Coast Guard, as part of a 
rulemaking under chapter 33 of title 46, United States Code, 
addressing towing vessel inspections, to give priority to 
completing such regulations for towing vessel operations 
involving tank vessels. The Coast Guard would be required to 
consider the possible application of standards that now apply 
to self-propelled tank vessels. Finally, the section would 
direct the Coast Guard to promulgate a final rule for Buzzards 
Bay, Massachusetts, to adopt measures to reduce the risk of oil 
spills.
Section 703. Oil transfers from vessels.
  Section 703 would require the Coast Guard to promulgate 
regulations to reduce the incidence of oil spills involving 
transfers to or from tank vessels.
Section 704. Improvements to reduce human error and near-miss 
        incidents.
  Section 704 would require the Coast Guard to provide a report 
to Congress on the most frequent sources of human error that 
have led to oil spills from vessels, as well as on the most 
significant types of ``near miss'' incidents. It also would 
require the Coast Guard to make recommendations for reducing 
such incidents and to take appropriate action to reduce the 
risk of oil spills from human error.
Section 705. Olympic Coast National Marine Sanctuary.
  Section 705 would expand the application of the voluntary 
Area to be Avoided (ATBA) encompassing the Olympic Coast 
National Marine Sanctuary to apply to all non-tank vessels 
greater than 400 gross tons, other than fishing vessels engaged 
in fishing within the ATBA. This section also would authorize 
$700,000 for the Coast Guard and the NOAA to conduct a ``Safe 
Seas'' oil spill drill in the Olympic Coast National Marine 
Sanctuary in 2008. This drill would be coordinated with other 
Federal, State, and local agencies, and tribal governments.
Section 706. Prevention of small oil spills.
  Section 706 would require the Under Secretary of Commerce for 
Oceans and Atmosphere to establish an assessment, outreach, 
training, and voluntary compliance program to prevent oil 
spills from smaller boats, such as fishing boats, pleasure 
craft, or small commercial vessels. The NOAA would be 
authorized to provide grants to Sea Grant Colleges, State and 
tribal governments, and other appropriate entities to carry out 
this program. The bill would authorize $10,000,000 annually for 
FY 2008 through FY 2012 to carry out this section.
Section 707. Improved coordination with tribal governments.
  Section 707 would require the Coast Guard to improve its 
consultation and coordination process with Federally-recognized 
tribes with respect to oil spill prevention, preparedness, and 
response. It also would require the Coast Guard to include 
tribes whose natural and cultural resources are likely to be 
impacted by a spill as part of the incident response team for 
such spill, thus ensuring that the tribe would have an integral 
role in decision-making related to the response effort and be 
appropriately recognized as a major stakeholder alongside 
local, State, and Federal entities. It would authorize the 
Coast Guard to enter into cooperative agreements with tribes 
for oil spill prevention, preparedness, and response. This 
section would authorize $500,000 for the establishment and 
implementation of such agreements for each of FYs 2008 through 
2012.
Section 708. Report on the availability of technology to detect the 
        loss of oil.
  Section 708 would require the Secretary to submit a report to 
Congress on the availability, feasibility, and potential cost 
of technology that can detect loss of oil carried as cargo or 
fuel on tank and non-tank vessels greater than 400 gross tons.
Section 709. Use of oil spill liability trust fund.
  Section 709 would authorize the NOAA to directly access up to 
$15 million annually from the Oil Spill Liability Trust Fund to 
carry out its functions for natural damage assessment and 
restoration under OPA 90 rather than seeking reimbursement from 
the Fund after incurring costs.
Section 710. International efforts on enforcement.
  Section 710 would instruct the Coast Guard to pursue stronger 
enforcement in the International Maritime Organization (IMO) of 
agreements related to oil discharges, including joint 
enforcement operations, training, and stronger compliance 
mechanisms.
Section 711. Grant project for development of cost-effective detection 
        technologies.
  Section 711 would require the Commandant to establish a grant 
program for the development of cost-effective technologies for 
detecting discharges of oil from vessels, including infrared, 
pressure sensors, and remote sensing, as well as methods and 
technologies for improving detection and recovery of submerged 
and sinking oils. This section would authorize $2 million 
annually for FY 2008 through FY 2010. Grants under his section 
would require a match of at least 50 percent.
Section 712. Higher volume port area regulatory definition change.
  Section 712 would change the definition of ``higher volume 
port area'' for Puget Sound to make the westerly boundary begin 
at Cape Flattery, WA, the entry to the Strait of Juan de Fuca, 
given the volume of vessel traffic and the risk of oil spills 
throughout the entire length of the Strait of Juan de Fuca. It 
also would require the Coast Guard to complete its review of 
any changes to emergency response plans resulting from the 
definition change, within five years after the date of 
enactment.
Section 713. Response tugs.
  Section 713 would require entities that are required to have 
an emergency response plan, which includes arrangements for 
positioning of oil spill response equipment, to jointly fund 
the stationing of a year-round response tug strategically 
located in the entry to the Strait of Juan de Fuca at Neah Bay. 
The rescue tug is currently funded only during winter months 
and, since 1999, has assisted or stood by 34 ships that were 
disabled or had reduced maneuvering or propulsion capability 
while transporting oil and other cargo.
  The section also would require the Coast Guard to enter into 
a contract with the National Academy of Sciences to research 
and define the capabilities, equipment, and facilities 
necessary to achieve a level of oil spill prevention and 
protection that is at least comparable to that afforded other 
locations such as the entrance of Prince William Sound. 
Subsection (b) would authorize such sums as are necessary to 
carry out section 311(j)(5)(3)(v) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(j)(5)(3)(v)).
Section 714. Tug escorts for laden oil tankers.
  Section 714 would require the Secretary of State, in 
consultation with the Commandant, to enter into negotiations 
with the Government of Canada to ensure that tug escorts are 
required for tank ships greater than 40,000 dead weight tons 
transiting the Strait of Juan de Fuca, Strait of Georgia, and 
Haro Straight. Vancouver, British Columbia, is Canada's largest 
port, with more than 2,600 vessel calls annually, and the 
traffic separation scheme in this region places much of this 
in-bound traffic in U.S. waters. The Commandant would be 
required to consult with the State of Washington and the 
affected tribal governments during negotiations with Canada.
Section 715. Extension of financial responsibility.
  Section 715 would extend current requirements of financial 
responsibility in section 1016(a) of OPA 90 (33 U.S.C. 2716(a)) 
to all tank vessels over 100 gross tons, except non-
selfpropelled vessels not carrying oil as cargo. This extension 
will ensure that responsible parties for vessels of this size 
range would be able to pay for claims related to spills.
Section 716. Vessel traffic risk assessments.
  Section 716 would require the Commandant of the Coast Guard 
to prepare two vessel traffic risk assessments; one for Cook 
Inlet, Alaska, within one year after the date of enactment of 
this Act, and the second for the Aleutian Islands, within two 
years after the date of enactment of this Act. The assessments 
would describe the level of shipping traffic and the current 
and projected use of routing measures, long-range vessel 
tracking systems, and the Automatic Identification System, 
among other things, and provide recommendations for enhancing 
safety and security of marine shipping. This provision would 
authorize $1,800,000 for each of FY 2008 and FY 2009 to conduct 
the assessments.
Section 717. Oil spill liability trust fund investment amount.
  Section 717 would increase the principal amount of funds that 
support the OSRI by $12.851 million to account for reduced 
funding due to low interest rates and inflation. The OSRI 
conducts research and develops technologies to prevent and 
mitigate the effects of oil spills. The OSRI has a unique 
capability to conduct research in Arctic and sub-Arctic 
regions. As resources are developed in these regions new 
research is needed to mitigate potential spills in extreme cold 
water and ice conditions. Many of the tank vessels importing 
hazardous cargo into the United States are operating under a 
foreign flag and are therefore subject to limited oversight 
authority by the United States until the vessel reaches waters 
under the jurisdiction of the United States.
Section 718. Liability for use of unsafe single-hull vessels.
  Section 718 would include in the definition of ``responsible 
party'' under section 1001(32) of OPA 90 (33 U.S.C. 2701(32)) 
the owner of oil products being transported by a single-hull 
tank vessel after 2010 who knew or should have known that the 
vessel had a poor safety or operational record, based on 
publicly-available information.

             TITLE VIII--MARITIME HAZARDOUS CARGO SECURITY

Section 801. International committee for the safe and secure 
        transportation of especially hazardous cargo.
  Section 801 would authorize the Secretary to work with 
foreign governments that transport EHC to the United States, 
through the IMO, to develop minimum standards for the safe and 
secure receiving, handling, loading, unloading, crewing, and 
transportation of EHC.
Section 802. Validation of compliance with International Ship and Port 
        Facility Security Code standards.
  Section 802 would require the Secretary to work with the IMO 
and the ISO to develop voluntary third party validations of 
foreign ports to determine if they meet or exceed International 
Ship and Port Facility Security Code standards. The Secretary 
would be given the authority to audit the inspection 
validations of third party entities, to revoke an entity 
certification, and to conduct validations for failure to 
maintain appropriate standards of conduct. Further, appropriate 
guidelines would be required to be established to ensure that 
all security and propriety information from validations are 
managed and maintained in a secure format.
Section 803. Safety and security assistance for foreign ports.
  Section 803 would modify section 70110 of title 46, United 
States Code, to clarify that the Secretary is required to 
identify domestic and international assistance programs that 
can be used to improve the security of foreign ports and 
facilities. Further, the Secretary would be required to develop 
and execute a strategic plan to utilize the programs identified 
to assist foreign ports that do not maintain effective 
antiterrorism measures.
Section 804. Coast Guard port assistance program.
  Section 804 would further modify section 70110 to authorize 
the Coast Guard to lend, lease, or loan equipment and provide 
technical training and support to meet or exceed International 
Ship and Port Facility Security Code standards based on risk to 
the security of the United States and based on the need of an 
owner or operator. However, a facility or foreign port 
requesting assistance under the program would first be required 
to consent to a comprehensive port security assessment by the 
Coast Guard or third party entity.
Section 805. EHC facility risk-based cost sharing.
  Section 805 would require the Coast Guard to identify 
facilities that load, unload, or handle EHC above a risk 
threshold to be determined by the Secretary and authorizes the 
Secretary to develop a cost share plan for the secure 
transportation of EHC to such facilities.
Section 806. Transportation security incident mitigation plan.
  Section 806 would require the Coast Guard to modify Area 
Maritime Transportation Security Plans to incorporate regional 
response and recovery plans for the resumption of trade, 
consistent with the protocols under section 202 of the SAFE 
Ports Act of 2006 (6 U.S.C. 942) and section 70103(a) of title 
46, United States Code.
Section 807. Incident command system training.
  Section 807 would require personnel tasked with security of a 
vessel loading or unloading EHC at a port or facility to have 
successfully completed training on the incident command system.
Section 808. Pre-positioning interoperable communications equipment at 
        inter-agency operational centers.
  Section 808 would require the Coast Guard to preposition 
interoperable communications technology at Interagency 
Operations Command Centers and to conduct periodic testing of 
such equipment as part of the Area Maritime Security Exercises.
Section 809. Definitions.
  Section 809 would define key terms used in this title.

                   TITLE IX--MISCELLANEOUS PROVISIONS

Section 901. Marine mammals and sea turtles report.
  Section 901 would require the Secretary to submit an annual 
report to Congress on Coast Guard activities with respect to 
the protection of marine mammals and sea turtles under U.S. 
statutes and international agreements. The protection of living 
marine mammals is one of the Coast Guard's eleven missions and 
has consistantly seen a decrease in budget allocation after the 
events of September 11, 2001. This report would assist the 
Congress in discerning the amount of Coast Guard personnel 
hours allocated to upholding domestic and international laws 
pertaining to marine mammals and sea turtles and aid in the 
ability of Congress to determine where more resources can be 
utilized.
Section 902. Umpqua lighthouse land conveyance.
  Section 902 would authorize the Commandant to convey to 
Douglas County, Oregon, all right, title, and interest of the 
United States in and to the Umpqua Lighthouse property for the 
purpose of permitting the County to use the property as a park, 
recognizing that any facilities built on this property will be 
at the expense of the county, not the Federal Government and 
that the County will convey replacement facilities to the Coast 
Guard.
Section 903. Lands to be held in trust.
  Section 903 would allow the Confederated Tribes of Coos, 
Lower Umpqua, and Siuslaw Indians to have Gregory Point and 
Chiefs Island on the Oregon Coast restored to the Confederated 
Tribes so that the Tribes may protect and preserve 
archaeological, historical, cultural, and spiritual resources 
of great importance to the Tribes. The Confederated Tribes 
would be required to allow the Coast Guard access to operate 
and maintain aids to navigation while complying with all 
applicable Federal, State, and county laws and ordinances.
Section 904. Data.
  Section 904 would authorize appropriations to the 
Administrator of NOAA in the amount of $7 million annually for 
FY 2008 through FY 2010 to acquire data through the use of 
unmanned aerial vehicles to improve the management of natural 
disasters, the safety of marine and aviation transportation, 
and fisheries enforcement.
Section 905. Extension.
  Section 905 would amend section 607 of the Coast Guard and 
Maritime Transportation Act of 2006 by extending the sunset on 
the Delaware River and Bay Oil Spill Advisory Committee from 
2007 to 2012. It also requires an updated report from the 
Committee and a report annually thereafter until its 
termination.
Section 906. Forward operating facility.
  Section 906 would authorize the Secretary to construct or 
lease hangar, berthing, and messing facilities in the Aleutian 
Islands/Bering Sea operating area to support aircraft 
maintenance and shelter.
Section 907. Enclosed hangar at Air Station Barbers Point, Hawaii.
  Section 907 would authorize the Secretary to construct an 
enclosed hangar for all current aircraft and those expected in 
the next 20 years at Air Station Barbers Point, Hawaii. The 
hangar that is currently being used at Air Station Barbers 
Point, Hawaii, is an open hangar, which has resulted in 
corrosion of the assets held there due to the mixture of salt 
and warm weather. The extent of the corrosion and its effect on 
the assets at Air Station Barbers Point is the reason that this 
station has the highest rate of maintenance of Coast Guard Air 
Stations. In fact, according to Coast Guard data, the depot 
maintenance costs of the HC-130s during 2003-2006 were 11 
percent higher than the fleet average. An enclosed hangar is 
needed to protect the Coast Guard's current assets at Air 
Station Barbers Point, Hawaii, and those that are expected to 
be held there in the coming years.
  The Coast Guard submitted a report to Congress on February 9, 
2007, which included site plans and cost estimates for 
hangaring both 100 percent of assigned and projected rotary and 
fixed wing assets. Additionally, the report included site plans 
and cost estimates for hangaring 100 percent of assigned and 
projected rotary, and 50 percent of assigned and projected 
fixed wing aircraft. The Coast Guard Civil Engineering manual 
requires 50 percent of all assets to be housed in an enclosed 
hangar. Not only would this provision fulfill the requirements 
set forth by the Commandant in this manual, the enclosed hangar 
would save money in the long term due to a decrease in the 
level of maintenance that would be required on the assets held 
at Air Station Barbers Point.
Section 908. Conveyance of decommissioned Coast Guard Cutter STORIS.
  Section 908 would allow the conveyance of the Coast Guard 
Cutter STORIS after it is decommissioned to the USCG Cutter 
STORIS Museum and Maritime Education Center, LLC. It is the 
Committee's understanding that the intent of the STORIS Museum 
is to make the cutter available to the public as a museum and 
to work cooperatively with other museums to provide education 
and memorialize the maritime heritage and activities of the 
STORIS, the Coast Guard, and the Pacific Northwest.
Section 909. Conveyance of the Presque Isle Light Station Fresnel Lens 
        to Presque Isle Township, Michigan.
  Section 909 would authorize the Commandant to convey 
ownership of the historic Presque Isle Light Station 
Lighthouse, Michigan, fresnel lens to the Township of Presque 
Isle, Michigan, for operation as an aid to navigation.
Section 910. Repeals.
  Section 910 would repeal section 689 of title 14, United 
States Code, under which the authority to enter into a 
transaction under the Coast Guard housing authority expires on 
October 1, 2007. This section also would repeal section 216 of 
that title which provides that the initial appointment of the 
Director of Boating Safety Office shall be in the grade of a 
captain.
Section 911. Report on ship traffic.
  Section 911 would require the Secretary to submit a report to 
Congress regarding the number of foreign flag ships entering 
waters subject to the jurisdiction of the United States no 
later than one year after the date of the enactment of this 
act. Specifically, the report would be required to include a 
breakdown of the number or percentage of ships that enter a 
U.S. port or place, pass through the territorial sea of the 
United States without coming to a U.S. port or place, or pass 
through the exclusive economic zone of the United States 
without coming to a U.S. port or place. The report could be 
classified, if needed.
Section 912. Small vessel exception from definition of fish processing 
        vessel.
  Section 912 would amend section 2101 (11b) of title 46, 
United States Code, to exclude certain fishing vessels 
operating in Alaskan waters that fillet only salmon taken by 
that vessel and fillet less than five metric tons of such 
salmon during any seven day period.
Section 913. Right of first refusal for Coast Guard property on Jupiter 
        Island, Florida.
  Section 913 would grant the town of Jupiter Island, Florida, 
the right of first refusal for the transfer of parcel number 
35-38-42-004-000-2590-6 and parcel number 35-38-42-004-000-
2610-2 if not used by the Coast Guard. The property would be 
transferred as a conservation or preservation tract. Transfer 
of the property under this section would ensure that the local 
government land use preferences are carried out. If the 
property is not used for conservation purposes, it would revert 
back to the United States Government.
Section 914. Ship disposal working group.
  Section 914 would instruct the Secretary of Transportation to 
convene a working group within 30 days after the date of 
enactment of this Act, comprised of representatives of the 
Maritime Administration, the Coast Guard, the Environmental 
Protection Agency, NOAA, and the Navy, to review and make 
recommendations on environmental practices for the disposal of 
obsolete vessels owned or operated by the Federal government. 
The working group also would submit a plan to harmonize and 
improve the storage and disposal of such vessels. Federal 
agencies would take such action to implement the plan as is 
necessary as soon as practicable.
Section 915. Full multi-mission response station in Valdez, Alaska.
  Section 915 would authorize the Secretary to construct a full 
multi-mission Coast Guard Response Station in Valdez, Alaska, 
not later than 180 days after the date of enactment of this 
Act. Section 915 would authorize the Secretary to construct or 
lease operational support facilities in the Aleutian Islands 
and Valdez, Alaska, to improve Coast Guard safety and security 
missions. The Coast Guard routinely deploys rescue resources to 
the Aleutian chain during critical fishery openings and during 
long range search and rescue cases. Forward deployments reduce 
response times and have directly resulted in saving dozens of 
lives. This bill would give the Secretary authority to 
construct or lease the hangar, berthing, and messing facilities 
needed to properly support Coast Guard deployments. Continuing 
evolution of the Coast Guard's homeland safety and security 
missions highlight the need for a full multi-mission response 
station in Valdez. As the terminus of the Trans-Alaskan oil 
pipeline, the Valdez Marine Terminal holds more than 9.0 
million barrels of oil and has an average daily throughput of 
nearly 760,000 barrels, giving the port strategic importance. 
To ensure operational effectiveness over the next 20 years, the 
Committee expects that the Station would be outfitted with an 
integrated operations and communications center, office space 
for assigned personnel, berthing for response crews, as well as 
year-round mooring and maintenance facilities for the Station's 
response vessels.
Section 916. Protection and fair treatment of seafarers.
  Section 916 would provide a statutory and funding remedy for 
two intractable, often inter-related problems: humanitarian 
relief for seafarers abandoned in the United States and support 
of seafarers who are witnesses to maritime-related crimes. In 
both instances, the Secretary would be authorized to draw from 
a special fund to pay necessary support of abandoned seafarers, 
including seafarers who are witnesses in Coast Guard 
investigations and subsequent proceedings. As well, the 
Secretary would be authorized to draw on the special fund to 
reimburse the responsible shipowner for some or all of his 
costs whenever necessary to avoid a serious injustice. This 
provision would anticipate the unique circumstance involving a 
shipowner who is ultimately determined by the Secretary to be 
completely free of any wrongdoing, yet has willingly incurred 
the cost of providing the necessary support of the seafarer or 
witness. To mitigate the unfairness of this circumstance, the 
Secretary would have authority to compensate the shipowner for 
their expenses.
Section 917. Icebreakers.
  Section 917 would require the Secretary to acquire or 
construct two new polar icebreakers for operation by the Coast 
Guard. It also would instruct the Coast Guard to maintain their 
existing polar icebreakers and return them to operational 
status, if not operational already. This section would 
authorize such sums as are necessary to carry out this section. 
Currently, the Coast Guard's icebreaker fleet is funded by the 
National Science Foundation. However, the funding for these 
vessels has been inconsistent, allowing the Polar Star to fall 
behind on the maintenance necessary to keep the vessel in 
operating condition. With some climate models predicting an 
ice-free Arctic summer in the future, more international 
expeditions will be headed to the region to examine newly 
revealed oil and gas reserves and other natural resources. 
Canada, Russia, and other countries will begin to compete with 
the United States over jurisdiction and, without a strong polar 
icebreaker fleet, our Nation will suffer a severe disadvantage. 
A recent 2007 report by the National Academy of Sciences found 
that the United States needs to maintain polar icebreaking 
capacity and construct at least two new polar icebreakers. This 
provision follows those recommendations.
Section 918. Fur Seal Act authorization.
  Section 918 would amend the Fur Seal Act of 1966 to extend 
the authorization of appropriations for FY 2007, FY 2008, and 
FY 2009. This section would extend authorization established by 
the Pribilof Island Transition Act (Pub. L. 106-562) for 
economic development funding, distributed by grant among the 
six Island entities, to the Pribilof Islands. The authorization 
of funding is aimed at economic development to create 
alternatives to the commercial fur seal harvests banned under 
Federal Law. The extension would also permit the Federal 
Government to fulfill its promise to create a sustainable 
economy on the Pribilof Islands not dependent on fur seal 
harvest.
Section 919. Study of relocation of Coast Guard Sector Buffalo 
        facilities.
  Section 919 would authorize a study to evaluate the 
feasibility and creation of a preliminary plan for 
consolidating and relocating Coast Guard facilities at Coast 
Guard Sector Buffalo.
Section 920. Conveyance of Point No Point historic lighthouse to Kitsap 
        County, Washington.
  Section 920 would authorize the Coast Guard to transfer the 
Point No Point Lighthouse located in Kitsap County, Washington 
to the state of Washington for the purpose of allowing the 
State to use the property as a park and educational facility. 
The aids-to-navigation located at the Point No Point Lighthouse 
would remain the property of the United States. This provision 
also would preserve the cultural and historical features of the 
land.
Section 921. Facility security plans.
  Section 921 would require port facilities to provide 
procedures for facilitating shore leave for ship personnel or 
personnel changes for crew members, including representatives 
of seafarers' welfare and labor organizations.
Section 922. Class action suits for crew wages on passenger vessels; 
        deposit of sea-man's wages.
  Section 922 would create a time limit for class action suits 
to be filed by seamen on a passenger vessel greater than 500 
passengers. This provision also would allow crewmen's paychecks 
to be directly deposited into the crewman's account of choice.
Section 923. Inspector General report on Coast Guard dive program.
  Section 923 is intended to address concerns raised at the 
Committee's oversight hearing entitled The Future of the Coast 
Guard Dive Program, which took place on March 28, 2007. This 
hearing involved two representatives from the United States 
Coast Guard and one from the Navy dive program and drew 
significant attention to the mismanagement of and apparent 
disregard for the standard operating procedures of the Coast 
Guard dive program. This section would require the Inspector 
General of the Department of Homeland Security to submit a 
report to Congress on the events and circumstances that led to 
the tragic deaths of two Coast Guard divers which occurred as 
they were serving aboard the Coast Guard icebreaker HEALY in 
August 2006. Specifically, the investigation and report would 
include: (1) a description of programmatic changes made by the 
Coast Guard in response to the accident; (2) an evaluation of 
whether those changes are effective; and (3) recommendations 
for further improvements in the safety of the dive program.

                       TITLE X--VESSEL CONVEYANCE

Section 1001. Short title.
  Section 1001. Section 1001 would provide that this title 
could be cited as the ``Vessel Conveyance Act''.
Section 1002. Conveyance of United States vessels for public purposes.
  Section 1002 would establish rules for future legislative 
vessel conveyances, including a requirement that the conveyance 
recipient not sell the vessel without first offering it back to 
the Federal government.
Section 1003. Working group on conveyance of United States vessels.
  Section 1003 would require the Secretary of Transportation to 
convene a working group, comprised of members from the Maritime 
Administration, the Coast Guard, and the United States Navy, to 
review and recommend a common set of conditions for the 
conveyance of vessels of the United States to eligible 
entities.
Section 1004. Civil enforcement of conveyance conditions.
  Section 1004 would establish civil penalties for violation of 
the terms of a vessel conveyance. In May 2007, the New York 
Times which reported that two Coast Guard buoy tenders were 
sold for uses other than those for which they were conveyed 
without the knowledge of the government.
Section 1005. Definitions.
  Section 1005 would provide definitions for this title.

                        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):

          COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006


  TITLE VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS

SEC. 607. DELAWARE RIVER AND BAY OIL SPILL ADVISORY COMMITTEE.

  (a) Establishment.--There is established the Delaware River 
and Bay Oil Spill Advisory Committee (in this section referred 
to as the ``Committee'').
  (b) Membership.--
          (1) In general.--The Committee shall consist of 27 
        members who are appointed by the Commandant of the 
        Coast Guard and who have particular expertise, 
        knowledge, and experience regarding the transportation, 
        equipment, and techniques that are used to ship cargo 
        and to navigate vessels in the Delaware River and 
        Delaware Bay, as follows:
                  (A) Three members who are employed by port 
                authorities that oversee operations on the 
                Delaware River or have been selected to 
                represent these port authorities, of whom--
                          (i) one member shall be an employee 
                        or representative of the Port of 
                        Wilmington;
                          (ii) one member shall be an employee 
                        or representative of the South Jersey 
                        Port Corporation; and
                          (iii) one member shall be an employee 
                        or representative of the Philadelphia 
                        Regional Port Authority.
                  (B) Two members who represent organizations 
                that operate tugs or barges that utilize the 
                port facilities on the Delaware River and 
                Delaware Bay.
                  (C) Two members who represent shipping 
                companies that transport cargo by vessel from 
                ports on the Delaware River and Delaware Bay, 
                of whom at least one may not be a 
                representative of a shipping company that 
                transports oil or petroleum products.
                  (D) Two members who represent operators of 
                oil refineries adjacent to the Delaware River 
                and Delaware Bay.
                  (E) Two members who represent State-licensed 
                pilots who work on the Delaware River and 
                Delaware Bay.
                  (F) One member who represents labor 
                organizations whose members load and unload 
                cargo at ports on the Delaware River and 
                Delaware Bay.
                  (G) One member who represents local 
                commercial fishing interests or an aquaculture 
                organization the members of which organization 
                depend on fisheries and resources in the waters 
                of Delaware River or Delaware Bay.
                  (H) Three members who represent environmental 
                organizations active with respect to the 
                Delaware River and Delaware Bay, including a 
                watershed advocacy group and a wildlife 
                conservation advocacy group.
                  (I) One member who represents an organization 
                affiliated with recreational fishing interests 
                in the vicinity of Delaware River and Delaware 
                Bay.
                  (J) Two members who are scientists or 
                researchers associated with an academic 
                institution and who have professional 
                credentials in fields of research relevant to 
                oil spill safety, oil spill response, or 
                wildlife and ecological recovery.
                  (K) Two members who are municipal or county 
                officials from Delaware.
                  (L) Two members who are municipal or county 
                officials from New Jersey.
                  (M) Two members who are municipal or county 
                officials from Pennsylvania.
                  (N) One member who represents an oil spill 
                response organization located on the lower 
                Delaware River and Delaware Bay.
                  (O) One member who represents the general 
                public.
          (2) Ex officio members.--The Committee may also 
        consist of an appropriate number (as determined by the 
        Commandant of the Coast Guard) of nonvoting members who 
        represent Federal agencies and agencies of the States 
        of New Jersey, Pennsylvania, and Delaware with an 
        interest in oil spill prevention in the Delaware River 
        and Delaware Bay.
  (c) Responsibilities.--
          (1) In general.--The Committee shall provide advice 
        and recommendations on measures to improve the 
        prevention of and response to future oil spills in the 
        Delaware River and Delaware Bay to the Commandant, the 
        Governors of the States of New Jersey, Pennsylvania, 
        and Delaware, the Committee on Commerce, Science, and 
        Transportation of the Senate, and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.
          (2) Report.--Not later than 18 months after the date 
        that the Commandant completes appointment of the 
        members of the Committee, the Committee shall provide a 
        report to the entities referred to in paragraph (1) 
        with the recommendations of the Committee, including a 
        ranking of priorities, for measures to improve 
        prevention and response to oil spills described in 
        paragraph (1).
          (3) Update.--One year after the date of the report 
        required by paragraph (2), and annually thereafter 
        until its termination, the Committee shall update its 
        report to adjust priorities as necessary and include 
        progress made on measures prioritized in the most 
        recent report and submit the report to the entities 
        referred to in paragraph (1).
  (d) Meetings.--The Committee--
          (1) shall hold its first meeting not later than 60 
        days after the date on which the Commandant completes 
        the appointment of members of the Committee; and
          (2) shall meet thereafter at the call of the 
        [Chairman.] Chairman, but not less than once every 90 
        days.
  (e) Appointment of Members.--The Commandant shall appoint the 
members of the Committee after soliciting nominations by notice 
published in the Federal Register.
  (f) Chairman and Vice Chairman.--The Committee shall elect, 
by majority vote at its first meeting, one of the members of 
the Committee as the Chairman and one of the members as the 
Vice Chairman. The Vice Chairman shall act as Chairman in the 
absence of or incapacity of the Chairman or in the event of 
vacancy in the office of the Chairman.
  (g) Pay and Expenses.--
          (1) Prohibition on pay.--Members of the Committee who 
        are not officers or employees of the United States 
        shall serve without pay. Members of the Committee who 
        are officers or employees of the United States shall 
        receive no additional pay on account of their service 
        on the Committee.
          (2) Expenses.--While away from their homes or regular 
        places of business, members of the Committee may be 
        allowed travel expenses, including per diem, in lieu of 
        subsistence, as authorized by section 5703 of title 5, 
        United States Code.
  (h) Funding.--There is authorized to be appropriated 
$1,000,000 for each of fiscal years 2006 through [2007] 2012 to 
carry out this section.
  (i) Termination.--The Committee shall terminate [18 months 
after the date on which the Commandant completes the 
appointment of members of the Committee.] terminate on 
September 30, 2012.

                     HOMELAND SECURITY ACT OF 2002

                       TITLE 6--DOMESTIC SECURITY

               CHAPTER 1. HOMELAND SECURITY ORGANIZATION

SEC. 875. MISCELLANEOUS AUTHORITIES.

                             [6 U.S.C. 455]

  (a) Seal.--The Department shall have a seal, whose design is 
subject to the approval of the President.
  (b) Participation of Members of the Armed Forces.--With 
respect to the Department, the Secretary shall have the same 
authorities that the Secretary of Transportation has with 
respect to the Department of Transportation under section 324 
of title 49, United States Code.
  (c) Appointment of Judges.--The Secretary may appoint 
civilian employees of the Department of Homeland Security as 
appellate military judges, available for assignment to the 
Coast Guard Court of Criminal Appeals as provided for in 
section 866(a) of title 10, United States Code.
  [(c)] (d) Redelegation of Functions.--Unless otherwise 
provided in the delegation or by law, any function delegated 
under this Act may be redelegated to any subordinate.

                         TITLE 10. ARMED FORCES

                    SUBTITLE A. GENERAL MILITARY LAW

                           PART II. PERSONNEL

                           CHAPTER 40. LEAVE

Sec. 701. Entitlement and accumulation

  (a) A member of an armed force is entitled to leave at the 
rate of 2\1/2\ calendar days for each month of active service, 
excluding periods of--
          (1) absence from duty without leave;
          (2) absence over leave;
          (3) confinement as the result of a sentence of a 
        court-martial; and
          (4) leave required to be taken under section 876a of 
        this title.
  Full-time training, or other full-time duty for a period of 
more than 29 days, performed under section 316, 502, 503, 504, 
or 505 of title 32 by a member of the Army National Guard of 
the United States or the Air National Guard of the United 
States in his status as a member of the National Guard, and for 
which he is entitled to pay, is active service for the purposes 
of this section.
  (b) Except as provided in subsection (f) and subsection (g), 
a member may not accumulate more than 60 days' leave. However, 
leave taken during a fiscal year may be charged to leave 
accumulated during that fiscal year without regard to this 
limitation.
  (c) A member who retired after August 9, 1946, who is 
continued on, or is recalled to, active duty, may have his 
leave which accumulated during his service before retirement 
carried over to his period of service after retirement.
  (d) [Repealed]
  (e) Leave taken before discharge is considered to be active 
service.
  (f)(1)(A) The Secretary concerned, under uniform regulations 
to be prescribed by the Secretary of Defense, may authorize a 
member described in subparagraph (B) who, except for this 
paragraph, would lose any accumulated leave in excess of 60 
days at the end of the fiscal year, to retain an accumulated 
total of 120 days leave.
  (B) This subsection applies to a member who--
          (i) serves on active duty for a continuous period of 
        at least 120 days in an area in which the member is 
        entitled to special pay under section 310(a) of title 
        37;
          (ii) is assigned to a deployable ship or mobile unit 
        or to other duty designated for the purpose of this 
        section; or
          (iii) on or after August 29, 2005, performs duty 
        designated by the Secretary of Defense as qualifying 
        duty for purposes of this subsection.
  (C) Except as provided in paragraph (2), leave in excess of 
60 days accumulated under this paragraph is lost unless it is 
used by the member before the end of the third fiscal year 
after the fiscal year in which the continuous period of service 
referred to in subparagraph (B) terminated.
  (2) Under the uniform regulations referred to in paragraph 
(1), a member of an armed force who serves on active duty in a 
duty assignment in support of a contingency operation or a 
declaration of a major disaster or emergency by the President 
under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (Public Law 93-288, 42 U.S.C. 5121 et seq.) 
during a fiscal year and who, except for this paragraph--
          (A) would lose any accumulated leave in excess of 60 
        days at the end of that fiscal year, shall be permitted 
        to retain such leave (not to exceed 90 days) until the 
        end of the succeeding fiscal year; or
          (B) would lose any accumulated leave in excess of 60 
        days at the end of the succeeding fiscal year (other 
        than by reason of subparagraph (A)), shall be permitted 
        to retain such leave (not to exceed 90 days) until the 
        end of the next succeeding fiscal year.
  (g) A member who is in a missing status, as defined in 
section 551(2) of title 37, accumulates leave without regard to 
the 60-day limitation in subsection (b) and the 90-day 
limitation in subsection (f). Notwithstanding the death of a 
member while in a missing status, he continues to earn leave 
through the date--
          (1) the Secretary concerned receives evidence that 
        the member is dead; or
          (2) that his death is prescribed or determined under 
        section 555 of title 37.
  Leave accumulated while in missing status shall be accounted 
for separately. It may not be taken, but shall be paid for 
under section 501(h) of title 37. However, a member whose death 
is prescribed or determined under section 555 or 556 of title 
37 may, in addition to leave accrued before entering a missing 
status, accrue not more than 150 days' leave during the period 
he is in a missing status, unless his actual death occurs on a 
date when, had he lived, he would have accrued leave in excess 
of 150 days, in which event settlement will be made for the 
number of days accrued to the actual date of death. Leave so 
accrued in a missing status shall be accounted for separately 
and paid for under the provisions of section 501 of title 37.
  (h) A member who has taken leave in excess of that authorized 
by this section and who is being discharged or released from 
active duty for the purpose of accepting an appointment or a 
warrant in an armed force, or of entering into an enlistment or 
an extension of an enlistment in an armed force, may elect to 
have excess leave of up to 30 days or the maximum number of 
days of leave that could be earned in the new term of service, 
whichever is less, carried over to that new term of service to 
count against leave that will accrue on the new term of 
service. A member shall be required, at the time of his 
discharge or release from active duty, to pay for excess leave 
not carried over under this subsection.
  (i)(1) Under regulations prescribed by the Secretary of 
Defense, a member of the armed forces adopting a child in a 
qualifying child adoption is allowed up to 21 days of leave in 
a calendar year to be used in connection with the adoption.
  (2) For the purpose of this subsection, an adoption of a 
child by a member is a qualifying child adoption if the member 
is eligible for reimbursement of qualified adoption expenses 
for such adoption under section 1052 of this title.
  (3) In the event that two members of the armed forces who are 
married to each other adopt a child in a qualifying child 
adoption, only one such member shall be allowed leave under 
this subsection.
  (4) Leave under paragraph (1) is in addition to other leave 
provided under other provisions of this section.

             CHAPTER 53. MISCELLANEOUS RIGHTS AND BENEFITS

Sec. 1044. Legal assistance

  (a) Subject to the availability of legal staff resources, the 
Secretary concerned may provide legal assistance in connection 
with their personal civil legal affairs to the following 
persons:
          (1) Members of the armed forces who are on active 
        duty.
          (2) Members and former members entitled to retired or 
        retainer pay or equivalent pay.
          (3) Officers of the commissioned corps of the Public 
        Health Service who are on active duty or entitled to 
        retired or equivalent pay.
          (4) Members of reserve components not covered by 
        paragraph (1) or (2) following release from active duty 
        under a call or order to active duty for more than 30 
        days issued under a mobilization authority [(as 
        determined by the Secretary of Defense),] (as 
        determined by the Secretary of Defense and the 
        Secretary of the department in which the Coast Guard is 
        operating, with respect to the Coast Guard when it is 
        not operating as a service of the Navy), for a period 
        of time, [prescribed by the Secretary of Defense,] 
        prescribed by Secretary of Defense and the Secretary of 
        the department in which the Coast Guard is operating, 
        with respect to the Coast Guard when it is not 
        operating as a service of the Navy, that begins on the 
        date of the release and is not less than twice the 
        length of the period served on active duty under that 
        call or order to active duty.
          (5) Dependents of members and former members 
        described in paragraphs (1), (2), (3), and (4).
  (b) Under such regulations as may be prescribed by the 
Secretary concerned, the Judge Advocate General (as defined in 
section 801(1) of this title) under the jurisdiction of the 
Secretary is responsible for the establishment and supervision 
of legal assistance programs under this section.
  (c) This section does not authorize legal counsel to be 
provided to represent a member or former member of the 
uniformed services described in subsection (a), or the 
dependent of such a member or former member, in a legal 
proceeding if the member or former member can afford legal fees 
for such representation without undue hardship.
  (d)(1) Notwithstanding any law regarding the licensure of 
attorneys, a judge advocate or civilian attorney who is 
authorized to provide military legal assistance is authorized 
to provide that assistance in any jurisdiction, subject to such 
regulations as may be prescribed by the Secretary concerned.
  (2) Military legal assistance may be provided only by a judge 
advocate or a civilian attorney who is a member of the bar of a 
Federal court or of the highest court of a State.
  (3) In this subsection, the term ``military legal 
assistance'' includes--
          (A) legal assistance provided under this section; and
          (B) legal assistance contemplated by sections 1044a, 
        1044b, 1044c, and 1044d of this title.
  (e) The Secretary concerned shall define ``dependent'' for 
the purposes of this section.

                  CHAPTER 55. MEDICAL AND DENTAL CARE

Sec. 1074i. Reimbursement for certain travel expenses

  (a) [In General.--In] In General._(1) In any case in which a 
covered beneficiary is referred by a primary care physician to 
a specialty care provider who provides services more than 100 
miles from the location in which the primary care provider 
provides services to the covered beneficiary, the Secretary 
shall provide reimbursement for reasonable travel expenses for 
the covered beneficiary and, when accompaniment by an adult is 
necessary, for a parent or guardian of the covered beneficiary 
or another member of the covered beneficiary's family who is at 
least 21 years of age.
  (2) In any case in which a covered beneficiary resides on an 
INCONUS island that lacks public access roads to the mainland 
and is referred by a primary care physician to a specialty care 
provider on the mainland who provides services less than 100 
miles from the location in which the beneficiary resides, the 
Secretary shall reimburse the reasonable travel expenses of the 
covered beneficiary, and, when accompaniment by an adult is 
necessary, for a parent or guardian of the covered beneficiary 
or another member of the covered beneficiary's family who is at 
least 21 years of age.
  (b) Definitions.--In this section:
          (1) The term ``specialty care provider'' includes a 
        dental specialist.
          (2) The term ``dental specialist'' means an oral 
        surgeon, orthodontist, prosthodontist, periodontist, 
        endodontist, or pediatric dentist, and includes such 
        other providers of dental care and services as 
        determined appropriate by the Secretary of Defense.

               PART IV. SERVICE, SUPPLY, AND PROCUREMENT

             CHAPTER 165. ACCOUNTABILITY AND RESPONSIBILITY

Sec. 2772. Share of fines and forfeitures to benefit Armed Forces 
                    retirement homes

  (a) Deposit Required.--The Secretary [of the military 
department] concerned shall deposit in the Armed Forces 
Retirement Home Trust Fund a percentage (determined under 
subsection (b)) of the following amounts:
          (1) The amount of forfeitures and fines adjudged 
        against an enlisted member, warrant officer, or limited 
        duty officer of the armed forces by sentence of a court 
        martial or under authority of section 815 of this title 
        (article 15) over and above any amount that may be due 
        from the member, warrant officer, or limited duty 
        officer for the reimbursement of the United States or 
        any individual.
          (2) The amount of forfeitures on account of the 
        desertion of an enlisted member, warrant officer, or 
        limited duty officer of the armed forces.
  (b) Determination of Percentage.--The [Armed Forces 
Retirement Home Board] Chief Operating Officer of the Armed 
Forces Retirement Home shall determine, on the basis of the 
financial needs of the Armed Forces Retirement Home, the 
percentage of the amounts referred to in subsection (a) to be 
deposited in the trust fund referred to in such subsection.
  [(c) Application to Coast Guard.--In this section, the term 
``armed forces'' does not include the Coast Guard when it is 
not operating as a service in the Navy.]

                         TITLE 14. COAST GUARD

                      PART I. REGULAR COAST GUARD

                CHAPTER 3. COMPOSITION AND ORGANIZATION

[Sec. 42. Number and distribution of commissioned officers

  [(a) The total number of commissioned officers, excluding 
commissioned warrant officers, on active duty in the Coast 
Guard shall not exceed 6,700 in each fiscal year 2004, 2005, 
and 2006.
  [(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 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.]

Sec. 42. Number and distribution of commissioned officers on the active 
                    duty promotion list''.

  (a) The total number of Coast Guard commissioned officers on 
the active duty promotion list, excluding warrant officers, 
shall not exceed 6,700. This total number may be temporarily 
increased up to 2 percent for no more than the 60 days that 
follow the commissioning of a Coast Guard Academy class.
   ``(b) The total number of commissioned officers authorized 
by this section shall be distributed in grade not to exceed the 
following percentages:
          (1) 0.375 percent for rear admiral.
          (2) 0.375 percent for rear admiral (lower half).
          (3) 6.0 percent for captain.
          (4) 15.0 percent for commander.
          (5) 22.0 percent for lieutenant commander.
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 any of the percentages set forth in paragraphs (1) 
through (5) and apply that total percentage reduction to any 
other lower grade or combination of lower grades.
  (c) The Secretary shall, at least once a year, compute the 
total number of commissioned officers authorized to serve in 
each grade by applying the grade distribution percentages of 
this section to the total number of commissioned officers 
listed on the current active duty promotion list. In making 
such calculations, any fraction shall be rounded to the nearest 
whole number. The number of commissioned officers on the active 
duty promotion list 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 against the 
total number of commissioned officers authorized to serve in 
each grade.
  (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.]
  (e) 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 3. COMPOSITION AND ORGANIZATION

           *       *       *       *       *       *       *


[Sec. 47. Vice Commandant; assignment]

``Sec. 47. Vice commandant; appointment''.

  The President may appoint, by and with the advice and consent 
of the Senate, one Vice Commandant who shall rank next after 
the Commandant, shall perform such duties as the Commandant may 
prescribe and shall act as Commandant during the absence or 
disability of the Commandant or in the event that there is a 
vacancy in the office of Commandant. The Vice Commandant shall 
be selected from the officers on the active duty promotion list 
serving above the grade of captain. The Commandant shall make 
recommendation for such appointment. The Vice Commandant shall, 
while so serving, have the grade of [vice admiral] admiral with 
pay and allowances of that grade. The appointment and grade of 
a Vice Commandant shall be effective on the date the officer 
assumes that duty, and shall terminate on the date the officer 
is detached from that duty, except as provided in [subsection] 
section 51(d) of this title.

           *       *       *       *       *       *       *


[Sec. 50. Area commanders

  [(a) The President may appoint, by and with the advice and 
consent of the Senate, a Commander, Atlantic Area, and a 
Commander, Pacific Area, each of whom shall be an intermediate 
commander between the Commandant and the district commanders in 
his respective area and shall perform such duties as the 
Commandant may prescribe. The area commanders shall be 
appointed from officers on the active duty promotion list 
serving above the grade of captain. The Commandant shall make 
recommendations for such appointments.
  [(b) An area commander shall, while so serving, have the 
grade of vice admiral with pay and allowances of that grade. 
The appointment and grade of an area commander shall be 
effective on the date the officer assumes that duty, and shall 
terminate on the date the officer is detached from that duty, 
except as provided in subsection [section] 51(d) of this 
title.]

Sec. 50. Vice admirals

  (a)(1) The President may designate no more than 4 positions 
of importance and responsibility that shall be held by officers 
who--
          (A) while so serving, shall have the grade of vice 
        admiral, with the pay and allowances of that grade; and
          (B) shall perform such duties as the Commandant may 
        prescribe.
  (2) The President may appoint, by and with the advice and 
consent of the Senate, and reappoint, by and with the advice 
and consent of the Senate, to any such position an officer of 
the Coast Guard who is serving on active duty above the grade 
of captain. The Commandant shall make recommendations for such 
appointments.
  (b)(1) The appointment and the grade of vice admiral shall be 
effective on the date the officer assumes that duty and, except 
as provided in paragraph (2) of this subsection or in section 
51(d) of this title, shall terminate on the date the officer is 
detached from that duty.
  (2) An officer who is appointed to a position designated 
under subsection (a) shall continue to hold the grade of vice 
admiral--
          (A) while under orders transferring the officer to 
        another position designated under subsection (a), 
        beginning on the date the officer is detached from that 
        duty and terminating on the date before the day the 
        officer assumes the subsequent duty, but not for more 
        than 60 days;
          (B) while hospitalized, beginning on the day of the 
        hospitalization and ending on the day the officer is 
        discharged from the hospital, but not for more than 180 
        days; and
          (C) while awaiting retirement, beginning on the date 
        the officer is detached from duty and ending on the day 
        before the officer's retirement, but not for more than 
        60 days.
  (c)(1) An appointment of an officer under subsection (a) does 
not vacate the permanent grade held by the officer.
  (2) An officer serving in a grade above rear admiral who 
holds the permanent grade of rear admiral (lower half) shall be 
considered for promotion to the permanent grade of rear admiral 
as if the officer was serving in the officer's permanent grade.
  (d) Whenever a vacancy occurs in a position designated under 
subsection (a), the Commandant shall inform the President of 
the qualifications needed by an officer serving in that 
position or office to carry out effectively the duties and 
responsibilities of that position or office.

[Sec. 50a. Chief of Staff

  [(a) The President may appoint, by and with the advice and 
consent of the Senate, a Chief of Staff of the Coast Guard who 
shall rank next after the area commanders and who shall perform 
duties as prescribed by the Commandant. The Chief of Staff 
shall be appointed from the officers on the active duty 
promotion list serving above the grade of captain. The 
Commandant shall make recommendations for the appointment.
  [(b) The Chief of Staff shall have the grade of vice admiral 
with the pay and allowances of that grade. The appointment and 
grade of the Chief of Staff shall be effective on the date the 
officer assumes that duty, and shall terminate on the date the 
officer is detached from that duty, except as provided in 
section 51(d) of this title.]

Sec. 51. Retirement

  [(a) An officer who, while serving in the grade of vice 
admiral, is retired for physical disability shall be placed on 
the retired list with the grade of vice admiral.
  [(b) An officer who is retired while serving in the grade of 
vice admiral, or who, after serving at least two and one-half 
years in the grade of vice admiral, is retired while serving in 
a lower grade, may in the discretion of the President, be 
retired with the grade of vice admiral.
  [(c) An officer who, after serving less than two and one-half 
years in the grade of vice admiral, is retired while serving in 
a lower grade, shall be retired in his permanent grade.]
  (a) An officer, other than the Commandant, who, while serving 
in the grade of admiral or vice admiral, is retired for 
physical disability shall be placed on the retired list with 
the highest grade in which that officer served.
  (b) An officer, other than the Commandant, who is retired 
while serving in the grade of admiral or vice admiral, or who, 
after serving at least 2\1/2\ years in the grade of admiral or 
vice admiral, is retired while serving in a lower grade, may in 
the discretion of the President, be retired with the highest 
grade in which that officer served.
  (c) An officer, other than the Commandant, who, after serving 
less than 2\1/2\ years in the grade of admiral or vice admiral, 
is retired while serving in a lower grade, shall be retired in 
his permanent grade.
  (d) An officer serving in the grade of admiral or vice 
admiral shall continue to hold that grade--
          (1) while being processed for physical disability 
        retirement, beginning on the day of the processing and 
        ending on the day that officer is retired, but not for 
        more than 180 days; and
          (2) while awaiting retirement, beginning on the day 
        that officer is relieved from the position of 
        Commandant, Vice Commandant, [Area Commander, or Chief 
        of Staff] or Vice Admiral and ending on the day before 
        the officer's retirement, but not for more than 60 
        days.

           *       *       *       *       *       *       *


Sec. 55. Merchant Mariner Medical Advisory Committee

   ``(a) Establishment; Membership; Status.--
          (1) There is established a Merchant Mariner Medical 
        Advisory Committee.
          (2) The Committee shall consist of 12 members, none 
        of whom shall be a Federal employee--
                  (A) 10 of whom shall be health-care 
                professionals with particular expertise, 
                knowledge, or experience regarding the medical 
                examinations of merchant mariners or 
                occupational medicine; and
                  (B) 2 of whom shall be professional mariners 
                with knowledge and experience in mariner 
                occupational requirements.
          (3) Members of the Committee shall not be considered 
        Federal employees or otherwise in the service or the 
        employment of the Federal Government, except that 
        members shall be considered special Government 
        employees, as defined in section 202(a) of title 18 and 
        any administrative standards of conduct applicable to 
        the employees of the department in which the Coast 
        Guard is operating.
  (b) Appointments; Terms; Vacancies; Organization.--
          (1) The Secretary shall appoint the members of the 
        Committee, and each member shall serve at the pleasure 
        of the Secretary.
          (2) The members shall be appointed for a term of 3 
        years, except that, of the members first appointed, 3 
        members shall be appointed for a term of 2 years and 3 
        members shall be appointed for a term of 1 year.
          (3) Any member appointed to fill the vacancy prior to 
        the expiration of the term for which such member's 
        predecessor was appointed shall be appointed for the 
        remainder of such term.
          (4) The Secretary shall designate 1 member as the 
        Chairman and 1 member as the Vice Chairman. The Vice 
        Chairman shall act as Chairman in the absence or 
        incapacity of, or in the event of a vacancy in the 
        office of, the Chairman.
          (5) No later than 6 months after the date of 
        enactment of the Coast Guard Authorization Act for 
        Fiscal Year 2008, the Committee shall hold its first 
        meeting.
  (c) Function.--The Committee shall advise the Secretary on 
matters relating to--
          (1) medical certification determinations for issuance 
        of merchant mariner credentials;
          (2) medical standards and guidelines for the physical 
        qualifications of operators of commercial vessels;
          (3) medical examiner education; and
          (4) medical research.
  (d) Compensation; Reimbursement.--Members of the Committee 
shall serve without compensation, except that, while engaged in 
the performance of duties away from their homes or regular 
places of business of the member, the member of the Committee 
may be allowed travel expenses, including per diem in lieu of 
subsistence, as authorized by section 5703 of title 5.
  (e) Staff; Services.--The Secretary shall furnish to the 
Committee such personnel and services as are considered 
necessary for the conduct of its business.

CHAPTER 5. FUNCTIONS AND POWERS

           *       *       *       *       *       *       *


Sec. 89a. Protection and fair treatment of seafarers

  (a) Authority of the Secretary.--
          (1) In general.--The Secretary is authorized--
                  (A) to require a bond or surety satisfactory 
                as an alternative to withholding or revoking 
                clearance required under section 60105 of title 
                46 if, in the opinion of the Secretary, such 
                bond or surety satisfactory is necessary to 
                facilitate an investigation, reporting, 
                documentation, or adjudication of any matter 
                that is related to the administration or 
                enforcement of any treaty, law, or regulation 
                by the Coast Guard, provided that corporate 
                sureties underwriting any such bonds be 
                certified by the Department of the Treasury to 
                write Federal bonds under sections 9304 and 
                9305 of title 31;
                  (B) at the discretion of the Secretary, to 
                pay, in whole or in part, without further 
                appropriation and without fiscal year 
                limitation, from amounts in the Fund, necessary 
                support of--
                          (i) any seafarer who enters, remains, 
                        or has been paroled into the United 
                        States and is involved in an 
                        investigation, reporting, 
                        documentation, or adjudication of any 
                        matter that is related to the 
                        administration or enforcement of any 
                        treaty, law, or regulation by the Coast 
                        Guard; and
                          (ii) any seafarer whom the Secretary 
                        finds to have been abandoned in the 
                        United States; and
                  (C) at the sole discretion of the Secretary, 
                to reimburse, in whole or in part, without 
                further appropriation and without fiscal year 
                limitation, from amounts in the Fund, a 
                shipowner, who has filed a bond or surety 
                satisfactory pursuant to subparagraph (A) of 
                this paragraph and provided necessary support 
                of a seafarer who has been paroled into the 
                United States to facilitate an investigation, 
                reporting, documentation, or adjudication of 
                any matter that is related to the 
                administration or enforcement of any treaty, 
                law, or regulation by the Coast Guard, for 
                costs of necessary support, when the Secretary 
                deems reimbursement necessary to avoid serious 
                injustice.
          (2) Application.--The authority to require a bond or 
        a surety satisfactory or to request the withholding or 
        revocation of the clearance required under section 
        60105 of title 46 is applicable to any investigation, 
        reporting, documentation, or adjudication of any matter 
        that is related to the administration or enforcement of 
        any treaty, law, or regulation by the Coast Guard.
          (3) Limitations.--Nothing in this section shall be 
        construed--
                  (A) to create a right, benefit, or 
                entitlement to necessary support; or
                  (B) to compel the Secretary to pay, or 
                reimburse the cost of, necessary support.
  (b) Fund.--
          (1) In general.--There is established in the Treasury 
        a special fund known as the ``Support of Seafarers 
        Fund''.
          (2) Availability.--The amounts covered into the Fund 
        shall be available to the Secretary, without further 
        appropriation and without fiscal year limitation--
                  (A) to pay necessary support, pursuant to 
                subsection (a)(1)(B) of this section; and
                  (B) to reimburse a shipowner for necessary 
                support, pursuant to subsection (a)(1)(C) of 
                this section.
          (3) Receipts.--Notwithstanding any other provision of 
        law, the Fund shall be authorized to receive--
                  (A) amounts reimbursed or recovered pursuant 
                to subsection (c) of this section;
                  (B) amounts appropriated to the Fund pursuant 
                to subsection (f) of this section; and
                  (C) appropriations available to the Secretary 
                for transfer.
          (4) Limitation on certain credits.--The Fund may 
        receive credits pursuant to paragraph (3)(A) of this 
        subsection only when the unobligated balance of the 
        Fund is less than $5,000,000.
          (5) Report required.--
                  (A) Except as provided in subparagraph (B) of 
                this paragraph, the Secretary shall not 
                obligate any amount in the Fund in a given 
                fiscal year unless the Secretary has submitted 
                to Congress, concurrent with the President's 
                budget submission for that fiscal year, a 
                report that describes--
                          (i) the amounts credited to the Fund, 
                        pursuant to paragraph (3) of this 
                        section, for the preceding fiscal year;
                          (ii) a detailed description of the 
                        activities for which amounts were 
                        charged; and
                          (iii) the projected level of 
                        expenditures from the Fund for the 
                        coming fiscal year, based on--
                                  (I) on-going activities; and
                                  (II) new cases, derived from 
                                historic data.
                  (B) The limitation in subparagraph (A) of 
                this paragraph shall not apply to obligations 
                during the first fiscal year during which 
                amounts are credited to the Fund.
          (6) Fund manager.--The Secretary shall designate a 
        Fund manager, who shall--
                  (A) ensure the visibility and accountability 
                of transactions utilizing the Fund;
                  (B) prepare the report required pursuant to 
                paragraph (5) of this subsection; and
                  (C) monitor the unobligated balance of the 
                Fund and provide notice to the Secretary and 
                the Attorney General whenever the unobligated 
                balance of the Fund is less than $5,000,000.
  (c) Reimbursements--
          (1) Recovery.--Any shipowner--
                  (A)(i) who, during the course of an 
                investigation, reporting, documentation, or 
                adjudication of any matter that the Coast Guard 
                referred to a United States Attorney or the 
                Attorney General, fails to provide necessary 
                support of a seafarer who has been paroled into 
                the United States to facilitate the 
                investigation, reporting, documentation, or 
                adjudication, and
                  (ii) against whom a criminal penalty is 
                subsequently imposed, or
                  (B) who, under any circumstance, abandons a 
                seafarer in the United States, as determined by 
                the Secretary,
        shall reimburse the Fund an amount equal to the total 
        amount paid from the Fund for necessary support of the 
        seafarer, plus a surcharge of 25 per cent of such total 
        amount.
          (2) Enforcement.--If a shipowner fails to reimburse 
        the Fund as required under paragraph (1) of this 
        subsection, the Secretary may--
                  (A) proceed in rem against any vessel of the 
                shipowner in the Federal district court for the 
                district in which such vessel is found; and
                  (B) withhold or revoke the clearance, 
                required by section 60105 of title 46, of any 
                vessel of the shipowner wherever such vessel is 
                found.
          (3) Clearance.--Whenever clearance is withheld or 
        revoked pursuant to paragraph (2)(B) of this 
        subsection, clearance may be granted if the shipowner 
        reimburses the Fund the amount required under paragraph 
        (1) of this subsection.
  (d) Definitions.--In this section:
          (1) Abandons; abandoned.--The term ``abandons'' or 
        ``abandoned'' means a shipowner's unilateral severance 
        of ties with a seafarer or the shipowner's failure to 
        provide necessary support of a seafarer;
          (2) Bond or surety satisfactory.--The term ``bond or 
        surety satisfactory'' means a negotiated instrument, 
        the terms of which may, at the discretion of the 
        Secretary, include provisions that require the 
        shipowner to--
                  (A) provide necessary support of a seafarer 
                who has or may have information pertinent to an 
                investigation, reporting, documentation, or 
                adjudication of any matter that is related to 
                the administration or enforcement of any 
                treaty, law, or regulation by the Coast Guard;
                  (B) facilitate an investigation, reporting, 
                documentation, or adjudication of any matter 
                that is related to the administration or 
                enforcement of any treaty, law, or regulation 
                by the Coast Guard;
                  (C) stipulate to certain incontrovertible 
                facts, including, but not limited to, the 
                ownership or operation of the vessel, or the 
                authenticity of documents and things from the 
                vessel;
                  (D) facilitate service of correspondence and 
                legal papers;
                  (E) enter an appearance in Federal district 
                court;
                  (F) comply with directions regarding payment 
                of funds;
                  (G) name an agent in the United States for 
                service of process;
                  (H) make stipulations as to the authenticity 
                of certain documents in Federal district court;
                  (I) provide assurances that no discriminatory 
                or retaliatory measures will be taken against a 
                seafarer involved in an investigation, 
                reporting, documentation, or adjudication of 
                any matter that is related to the 
                administration or enforcement of any treaty, 
                law, or regulation by the Coast Guard;
                  (J) provide financial security in the form of 
                cash, bond, or other means acceptable to the 
                Secretary; and
                  (K) provide for any other appropriate 
                measures as the Secretary deems necessary to 
                ensure the Government is not prejudiced by 
                granting the clearance required by section 
                60105 of title 46.
          (3) Fund.--The term ``Fund'' means the Support of 
        Seafarers Fund, established by subsection (b);
          (4) Necessary support.--The term ``necessary 
        support'' means normal wages, lodging, subsistence, 
        clothing, medical care (including hospitalization), 
        repatriation, and any other expense the Secretary deems 
        appropriate;
          (5) Seafarer.--The term ``seafarer'' means an alien 
        crewman who is employed or engaged in any capacity on 
        board a vessel subject to the jurisdiction of the 
        United States;
          (6) Shipowner.--The term ``shipowner'' means the 
        individual or entity that owns, has an ownership 
        interest in, or operates a vessel subject to the 
        jurisdiction of the United States;
          (7) Vessel subject to the jurisdiction of the united 
        states.--The term ``vessel subject to the jurisdiction 
        of the United States'' has the same meaning it has in 
        section 70502(c) of title 46, except that it excludes a 
        vessel owned or bareboat chartered and operated by the 
        United States, by a State or political subdivision 
        thereof, or by a foreign nation, except when such 
        vessel is engaged in commerce.
  (e) Regulations.--The Secretary is authorized to promulgate 
regulations to implement this subsection.
  (f) Authorization of Appropriations.--There are authorized to 
be appropriated to the Fund $1,500,000 for each of fiscal years 
2009, 2010, and 2011.

               CHAPTER 7. COOPERATION WITH OTHER AGENCIES

Sec. 149. Assistance to foreign governments and maritime authorities

  (a) Detail of Members to Assist Foreign Governments.--The 
President may upon application from the foreign governments 
concerned, and whenever in his discretion the public interests 
render such a course advisable, detail members of the Coast 
Guard to assist foreign governments in matters concerning which 
the Coast Guard may be of assistance. Members so detailed may 
accept, from the government to which detailed, offices and such 
compensation and emoluments thereunder appertaining as may be 
first approved by the Secretary. While so detailed such members 
shall receive, in addition to the compensation and emoluments 
allowed by such governments, the pay and allowances to which 
they are entitled in the Coast Guard and shall be allowed the 
same credit for longevity, retirement, and for all other 
purposes that they would receive if they were serving with the 
Coast Guard.
  (b) Technical Assistance to Foreign Maritime Authorities.--
The Commandant, in coordination with the Secretary of State, 
may provide, in conjunction with regular Coast Guard 
operations, technical assistance (including law enforcement and 
maritime safety and security training) to foreign navies, coast 
guards, and other maritime authorities.
  (c) Grants to International Maritime Organizations.--The 
Commandant may, after consultation with the Secretary of State, 
make grants to, or enter into cooperative agreements, 
contracts, or other agreements with, international maritime 
organizations for the purpose of acquiring information or data 
about merchant vessel inspections, security, safety and 
environmental requirements, classification, and port state or 
flag state law enforcement or oversight.
  (d) Authorized Activities.--
          (1) The Commandant may transfer or expend funds from 
        any appropriation available to the Coast Guard for--
                  (A) the activities of traveling contact 
                teams, including any transportation expense, 
                translation services expense, or administrative 
                expense that is related to such activities;
                  (B) the activities of maritime authority 
                liaison teams of foreign governments making 
                reciprocal visits to Coast Guard units, 
                including any transportation expense, 
                translation services expense, or administrative 
                expense that is related to such activities;
                  (C) seminars and conferences involving 
                members of maritime authorities of foreign 
                governments;
                  (D) distribution of publications pertinent to 
                engagement with maritime authorities of foreign 
                governments; and
                  (E) personnel expenses for Coast Guard 
                civilian and military personnel to the extent 
                that those expenses relate to participation in 
                an activity described in subparagraph (C) or 
                (D).
          (2) An activity may not be conducted under this 
        subsection with a foreign country unless the Secretary 
        of State approves the conduct of such activity in that 
        foreign country.

           *       *       *       *       *       *       *


Sec. 151. Contracts with Government-owned establishments for work and 
                    material

  (a) In General._All orders or contracts for work or material, 
under authorization of law, placed with Government-owned 
establishments by the Coast Guard, shall be considered as 
obligations in the same manner as provided for similar orders 
or contracts placed with private contractors, and 
appropriations for such work or material shall remain available 
for payment therefor as in the case of orders or contracts 
placed with private contractors.
  (b) Orders and Agreements for Industrial Activities.--Under 
this section, the Coast Guard industrial activities may accept 
orders and enter into reimbursable agreements with 
establishments, agencies, and departments of the Department of 
Defense and the Department of Homeland Security.

                     CHAPTER 11. PERSONNEL OFFICERS

Sec. 214. Appointment of temporary officers

  [(a) The President may appoint temporary commissioned 
officers in the Regular Coast Guard in a grade, not above 
lieutenant, appropriate to their qualifications, experience, 
and length of service, as the needs of the Coast Guard may 
require, from among the commissioned warrant officers, warrant 
officers, and enlisted members of the Coast Guard, and from 
licensed officers of the United States merchant marine.]
  (a) The President may appoint temporary commissioned 
officers--
          (1) in the Regular Coast Guard in a grade, not above 
        lieutenant, appropriate to their qualifications, 
        experience, and length of service, as the needs of the 
        Coast Guard may require, from among the commissioned 
        warrant officers, warrant officers, and enlisted 
        members of the Coast Guard, and from licensed officers 
        of the United States merchant marine; and
          (2) in the Coast Guard Reserve in a grade, not above 
        lieutenant, appropriate to their qualifications, 
        experience, and length of service, as the needs of the 
        Coast Guard may require, from among the commissioned 
        warrant officers of the Coast Guard Reserve.
  (b) Temporary appointments under this section do not change 
the permanent, probationary, or acting status of persons so 
appointed, prejudice them in regard to promotion or 
appointment, or abridge their rights or benefits. A person who 
is appointed under this section may not suffer any reduction in 
the rate of pay and allowances to which he would have been 
entitled had he remained in his former grade and continued to 
receive the increases in pay and allowances authorized for that 
grade.
  (c) An appointment under this section, or a subsequent 
promotion appointment of a temporary officer, may be vacated by 
the appointing officer at any time. Each officer whose 
appointment is so vacated shall revert to his permanent status.
  (d) Appointees under this section shall take precedence in 
the grade to which appointed in accordance with the dates of 
their appointments as officers in such grade. Appointees whose 
dates of appointment are the same shall take precedence with 
each other as the Secretary shall determine.

           *       *       *       *       *       *       *


[Sec. 216. Director of Boating Safety Office

  [The initial appointment of the Director of the Boating 
Safety Office shall be in the grade of Captain.]

Sec. 253. Selection boards; notice of convening; communication with 
                    board

  (a) Before a board is convened under section 251 of this 
title, notice of the convening date, the promotion zone to be 
considered, and the officers eligible for [consideration, and 
the number of officers the board may recommend for promotion] 
consideration shall be given to the service at large.
  (b) Each officer eligible for consideration by a selection 
board convened under section 251 of this title may send a 
communication through official channels to the board, to arrive 
not later than the date the board convenes, inviting attention 
to any matter of record in the armed forces concerning himself. 
A communication sent under this section may not criticize any 
officer or reflect upon the character, conduct, or motive of 
any officer.

           *       *       *       *       *       *       *


Sec. 258. Selection boards; information to be furnished boards

  (a) The Secretary shall furnish the appropriate selection 
board convened under section 251 of this title with:
          (1) the number of officers that the board may 
        recommend for promotion to the next higher grade; and
          (2) the names and records of all officers who are 
        eligible for consideration for promotion to the grade 
        to which the board will recommend officers for 
        promotion.
  (b) In addition to the information provided pursuant to 
subsection (a), the Secretary may furnish the selection board--
          (1) specific direction relating to the needs of the 
        service for officers having particular skills, 
        including direction relating to the need for a minimum 
        number of officers with particular skills within a 
        specialty; and
          (2) such other guidance that the Secretary believes 
        may be necessary to enable the board to properly 
        perform its functions.
Selections made based on the direction and guidance provided 
under this subsection shall not exceed the maximum percentage 
of officers who may be selected from below the announced 
promotion zone at any given selection board convened under 
section 251 of this title.

Sec. 259. Officers to be recommended for promotion

  (a) A selection board convened to recommend officers for 
promotion shall recommend those eligible officers whom the 
[board] board, giving due consideration to the needs of the 
service for officers with particular skills so noted in the 
specific direction furnished pursuant to section 258 of this 
title, considers best qualified of the officers under 
consideration for promotion. No officer may be recommended for 
promotion unless he receives the recommendation of at least a 
majority of the members of a board composed of five members, or 
at least two-thirds of the members of a board composed of more 
than five members.
  (b) The number of officers that a board convened under 
section 251 of this title may recommend for promotion to a 
grade below rear admiral (lower half) from among eligible 
officers junior in rank to the junior officer in the 
appropriate promotion zone may not exceed--
          (1) 5 percent of the total number of officers that 
        the board is authorized to recommend for promotion to 
        the grade of lieutenant or lieutenant commander;
          (2) 7\1/2\ percent of the total number of officers 
        that the board is authorized to recommend for promotion 
        to the grade of commander; and
          (3) 10 percent of the total number of officers that 
        the board is authorized to recommend for promotion to 
        the grade of captain;
  unless such percentage is a number less than one, in which 
case the board may recommend one such officer for promotion.
  (c)(1) After selecting the officers to be recommended for 
promotion, a selection board may recommend officers of 
particular merit, from among those officers chosen for 
promotion, to be placed at the top of the list of selectees 
promulgated by the Secretary under section 271(a) of this 
title. The number of officers that a board may recommend to be 
placed at the top of the list of selectees may not exceed the 
percentages set forth in subsection (b) unless such a 
percentage is a number less than one, in which case the board 
may recommend one officer for such placement. No officer may be 
recommended to be placed at the top of the list of selectees 
unless he or she receives the recommendation of at least a 
majority of the members of a board composed of five members, or 
at least two-thirds of the members of a board composed of more 
than five members.
  (2) The Secretary shall conduct a survey of the Coast Guard 
officer corps to determine if implementation of this subsection 
will improve Coast Guard officer retention. A selection board 
may not make any recommendation under this subsection before 
the date on which the Secretary publishes a finding, based upon 
the results of the survey, that implementation of this 
subsection will improve Coast Guard officer retention.
  (3) The Secretary shall submit any finding made by the 
Secretary pursuant to paragraph (2) to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.

Sec. 260. Selection boards; reports

  (a) Each board convened under section 251 of this title shall 
submit a report in writing, signed by all the members thereof, 
containing the names of the officers recommended for promotion 
and the names of those officers recommended to be advanced to 
the top of the list of selectees established by the Secretary 
under section 271(a) of this title.
  (b) A board convened under section 251 of this title shall 
certify that, in the opinion of at least a majority of the 
members if the board has five members, or in the opinion of at 
least two-thirds of the members if the board has more than five 
members, the officers recommended for promotion are the best 
qualified for promotion to meet the needs of the service (as 
noted in the specific direction furnished the board under 
section 258 of this title) of those officers whose names have 
been furnished to the board.

                       CHAPTER 17. ADMINISTRATION

Sec. 638a. Coast Guard vessels and aircraft defined

  For the purposes of sections 637 and 638 of this title, the 
term Coast Guard vessels and aircraft means--
          (1) any vessel or aircraft owned, leased, transferred 
        to, or operated by the Coast Guard and under the 
        command of a Coast Guard member; or
          (2) any other vessel or aircraft under the tactical 
        control of the Coast Guard on which one or more members 
        of the Coast Guard are assigned and conducting Coast 
        Guard missions.

[Sec. 648. Accounting for industrial work]

Sec. 648. Specialized industrial facilities'';

  (a) In General._The Secretary may prescribe regulations 
governing accounting for industrial work, including charges for 
overhead for civilian labor and for maintenance of industrial 
plant and equipment, performed at the Coast Guard Yard or such 
similar Coast Guard industrial establishments as he may 
designate. Any orders placed for such industrial work shall be 
covered by a transfer or advance of funds to cover the 
estimated cost thereof, and shall be credited to such accounts 
as may be necessary and established by the Secretary to carry 
out the provisions of this section. Accounts so established 
shall be available for materials, supplies, or equipment, and 
civilian labor, including overhead and maintenance, required in 
performing the work ordered. Upon completion of an order an 
adjustment will be made to make the amount transferred or 
advanced equal to the actual cost as computed in accordance 
with the accounting regulations prescribed by the Secretary.
  ``(b) Public-private Partnerships or Other Cooperative 
Arrangements.--
          (1) In general.--For purposes of entering into joint 
        public-private partnerships or other cooperative 
        arrangements for the performance of work to provide 
        supplies or services for government use, the Coast 
        Guard Yard, the Aviation Repair and Supply Center, or 
        other similar Coast Guard industrial establishments 
        may--
                  (A) enter into agreements or other 
                arrangements with public or private entities, 
                foreign or domestic;
                  (B) pursuant to contracts or other 
                arrangements, receive and retain funds from, or 
                pay funds to, such public or private entities; 
                or
                  (C) accept contributions of funds, materials, 
                services, or the use of facilities from such 
                public or private entities, subject to 
                regulations promulgated by the Coast Guard.
          (2) Accounting for funds received.--Amounts received 
        under this subsection may be credited to the Coast 
        Guard Yard Revolving Fund or other appropriate Coast 
        Guard account.
          (3) Reimbursement.--Any partnership, agreement, 
        contract, or arrangement entered into under this 
        section shall require the private entity to reimburse 
        the Coast Guard for such entity's proportional share of 
        the operating and capital costs of maintaining and 
        operating such facility, as determined by the 
        Commandant of the Coast Guard.
          (4) Noninterference.--No partnership, agreement, 
        contract, or arrangement entered into under this 
        section may interfere with the performance of any 
        operational or support function of the Coast Guard 
        industrial establishment.

              CHAPTER 18. COAST GUARD HOUSING AUTHORITIES

Sec. 680. Definitions

  In this chapter:
          (1) The term ``Coast Guard recreational facilities'' 
        means recreation lodging buildings, recreation housing 
        units, and ancillary supporting facilities constructed, 
        maintained, and used by the Coast Guard to provide rest 
        and recreation amenities for military personnel.
          [(1)] (2) The term ``construction'' means the 
        construction of military [housing units and ancillary 
        supporting facilities or the improvement or 
        rehabilitation of existing units] housing units or 
        Coast Guard recreational facilities and ancillary 
        supporting facilities or the improvement or 
        rehabilitation of existing units or facilities or 
        ancillary supporting facilities.
          [(2)] (3) The term ``contract'' includes any 
        contract, lease, or other agreement entered into under 
        the authority of this chapter.
          [(3)] (4) The term ``eligible entity'' means any 
        private person, corporation, firm, partnership, or 
        company and any State or local government or housing 
        authority of a State or local government.
          [(4)] (5) 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.
          [(5)] (6) The term ``United States'' includes the 
        Commonwealth of Puerto Rico, Guam, the United States 
        Virgin Islands, and the District of Columbia.

Sec. 681. General authority

  (a) Authority.--In addition to any other authority providing 
for the acquisition or construction of military family [housing 
or military unaccompanied housing,] housing, military 
unaccompanied housing, or Coast Guard recreational facilities, 
the Secretary may exercise any authority or any combination of 
authorities provided under this chapter in order to provide for 
the acquisition or construction by private persons, including a 
small business concern qualified under section 8(a) of the 
Small Business Act (15 U.S.C. 637(a)), of the following:
          (1) Family housing units on or near Coast Guard 
        installations within the United States and its 
        territories and possessions.
          (2) Unaccompanied housing units on or near such Coast 
        Guard installations.
          (3) Coast Guard recreational facilities.
  (b) Limitation on Appropriations.--No appropriation shall be 
made to acquire or construct military family [housing or 
military unaccompanied housing] housing, military unaccompanied 
housing, or Coast Guard recreational facilities under this 
chapter if that acquisition or construction has not been 
approved by resolutions adopted by the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.

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.] housing 
        or facilities that the Secretary determines are 
        suitable for use as Coast Guard recreational 
        facilities.
          (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.
  (b) Loan Guarantees.--
          (1) Subject to 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.] housing or facilities that the Secretary 
        determines are suitable for use as Coast Guard 
        recreational facilities.
          (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.
  (c) Limitation on Authority.--Direct loans and 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.

Sec. 683. Leasing of housing to be constructed

  (a) Build and Lease Authorized.--The Secretary may enter into 
contracts for the lease of military family housing [units or 
military unaccompanied housing units] units, military 
unaccompanied housing units, or Coast Guard recreational 
facilities to be constructed under this chapter.
  (b) Lease Terms.--A contract under this section may be for 
any period that the Secretary determines appropriate and may 
provide for the owner of the leased property to operate and 
maintain the property.

Sec. 684. Limited partnerships with eligible entities

  (a) Limited Partnerships Authorized.--The Secretary may enter 
into limited partnerships with eligible entities carrying out 
projects for the acquisition or construction of housing units 
suitable for use as military family housing or as military 
unaccompanied [housing.] housing or facilities that the 
Secretary determines are suitable for use as Coast Guard 
recreational facilities
  (b) Limitation on Value of Investment in Limited 
Partnership.--
          (1) The cash amount of an investment under this 
        section in an eligible entity may not exceed an amount 
        equal to 33\1/3\ percent of the capital cost (as 
        determined by the Secretary) of the project or projects 
        that the entity proposes to carry out under this 
        section with the investment.
          (2) If the Secretary conveys land or facilities to an 
        eligible entity as all or part of an investment in the 
        entity under this section, the total value of the 
        investment by the Secretary under this section may not 
        exceed an amount equal to 45 percent of the capital 
        cost (as determined by the Secretary) of the project or 
        projects that the entity proposes to carry out under 
        this section with the investment.
          (3) In this subsection, the term ``capital cost'', 
        with respect to a project for the acquisition or 
        [construction of housing, means the total amount of the 
        costs included in the basis of the housing] 
        construction of housing or facilities, means the total 
        amount of the costs included in the basis of the 
        housing or facilities for Federal income tax purposes.
  (c) Collateral Incentive Agreements.--The Secretary shall 
enter into collateral incentive agreements with eligible 
entities in which the Secretary makes an investment under this 
section to ensure that a suitable preference will be afforded 
members of the armed forces and their dependents in the lease 
or purchase, as the case may be, of a reasonable number of the 
housing units or facilities covered by the investment.

           *       *       *       *       *       *       *


Sec. 687. Coast Guard Housing Fund

  (a) Establishment.--There is hereby established on the books 
of the Treasury an account to be known as the Coast Guard 
Housing Fund (in this section referred to as the ``Fund'').
  (b) Credits to Fund.--There shall be credited to the Fund the 
following:
          (1) Amounts authorized for and appropriated to that 
        Fund.
          (2) Subject to subsection (e), any amounts that the 
        Secretary transfers, in such amounts as provided in 
        appropriation Acts, to that Fund from amounts 
        authorized and appropriated to the Department of 
        Homeland Security or Coast Guard for the acquisition or 
        construction of military family [housing or 
        unaccompanied housing.] housing, military unaccompanied 
        housing, or Coast Guard recreational facilities.
          (3) Proceeds from the conveyance or lease of property 
        or facilities under section 685 of this title for the 
        purpose of carrying out activities under this chapter 
        with respect to military family [and military 
        unaccompanied housing.] housing, military unaccompanied 
        housing, and Coast Guard recreational facilities.
          (4) Income from any activities under this chapter, 
        including interest on loan guarantees made under 
        section 682 of this title, income and gains realized 
        from investments under section 684 of this title, and 
        any return of capital invested as part of such 
        investments.
  (c) Use of Amounts in Fund.--
          (1) In such amounts as provided in appropriation Acts 
        and except as provided in subsection (d), the Secretary 
        may use amounts in the Coast Guard Housing Fund to 
        carry out activities under this chapter with respect to 
        military [family and military unaccompanied housing 
        units,] family, military unaccompanied housing units, 
        and Coast Guard recreational facilities, including 
        activities required in connection with the planning, 
        execution, and administration of contracts entered into 
        under the authority of this chapter.
          (2) Amounts made available under this subsection 
        shall remain available until expended.
  (d) Limitation on Obligations.--The Secretary may not incur 
an obligation under a contract or other agreements entered into 
under this chapter in excess of the unobligated balance, at the 
time the contract is entered into, of the Fund required to be 
used to satisfy the obligation.
  (e) Notification Required for Transfers.--A transfer of 
appropriated amounts to the Fund under subsection (b)(2) or 
(b)(3) of this section may be made only after the end of a 30-
day period beginning on the date the Secretary submits written 
notice of, and justification for, the transfer to the 
appropriate committees of Congress.
  (f) Limitation on Amount of Budget Authority.--The total 
value in budget authority of all contracts and investments 
undertaken using the authorities provided in this chapter shall 
not exceed $40,000,000.
  (g) Demonstration Projects Authorized.--To promote 
efficiencies through the use of alternative procedures for 
expediting new housing projects, the Secretary--
          (1) may develop and implement demonstration projects 
        for acquisition or construction of military family 
        housing and military unaccompanied housing on or near 
        the Coast Guard installation at Kodiak, Alaska, or any 
        other Coast Guard installation in Alaska;
          (2) in implementing such a demonstration project, 
        shall utilize, to the maximum extent possible, the 
        contracting authority of the Small Business 
        Administration's section 8(a) program;
          (3) shall, to the maximum extent possible, acquire or 
        construct such housing through contracts with small 
        business concerns qualified under section 8(a) of the 
        Small Business Act (15 U.S.C. 637(a)) that have their 
        principal place of business in the State of Alaska; and
          (4) shall report to Congress by September 1 of each 
        year on the progress of activities under such 
        demonstration projects.

Sec. 688. Reports

  The Secretary shall include each year in the materials the 
Secretary submits to the Congress in support of the budget 
submitted by the President pursuant to section 1105 of title 
31, the following:
          (1) A report on each contract or agreement for a 
        project for the acquisition or construction of military 
        family or military unaccompanied housing units or Coast 
        Guard recreational facilities that the Secretary 
        proposes to solicit under this chapter, describing the 
        project and the method of participation of the United 
        States in the project and providing justification of 
        such method of participation.
          (2) A report describing each conveyance or lease 
        proposed under section 685 of this title.
          (3) A methodology for evaluating the extent and 
        effectiveness of the use of the authorities under this 
        chapter during such preceding fiscal year.
          (4) A description of the objectives of the Department 
        of Homeland Security for providing military family 
        [housing and military unaccompanied housing] housing, 
        military unaccompanied housing, and Coast Guard 
        recreational facilities for members of the Coast Guard.

[Sec. 689. Expiration of authority

  [The authority to enter into a transaction under this chapter 
shall expire October 1, 2007.]

                          FUR SEAL ACT OF 1996

                         TITLE 16--CONSERVATION

SEC. 206. FINANCIAL ASSISTANCE.

                            [6 U.S.C. 1166]

  (a) Grant Authority.--
          (1) In general.--Subject to the availability of 
        appropriations, the Secretary shall provide financial 
        assistance to any city government, village corporation, 
        or tribal council of St. George, Alaska, or St. Paul, 
        Alaska.
          (2) Use for matching.--Notwithstanding any other 
        provision of law relating to matching funds, funds 
        provided by the Secretary as assistance under this 
        subsection may be used by the entity as non-Federal 
        matching funds under any Federal program that requires 
        such matching funds.
          (3) Restriction on use.--The Secretary may not use 
        financial assistance authorized by this Act--
                  (A) to settle any debt owed to the United 
                States;
                  (B) for administrative or overhead expenses; 
                or
                  (C) for contributions sought or required from 
                any person for costs or fees to clean up any 
                matter that was caused or contributed to by 
                such person on or after March 15, 2000.
          (4) Funding instruments and procedures.--In providing 
        assistance under this subsection the Secretary shall 
        transfer any funds appropriated to carry out this 
        section to the Secretary of the Interior, who shall 
        obligate such funds through instruments and procedures 
        that are equivalent to the instruments and procedures 
        required to be used by the Bureau of Indian Affairs 
        pursuant to title IV of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450 et seq.).
          (5) Pro rata distribution of assistance.--In any 
        fiscal year for which less than all of the funds 
        authorized under subsection (c)(1) are appropriated, 
        such funds shall be distributed under this subsection 
        on a pro rata basis among the entities referred to in 
        subsection (c)(1) in the same proportions in which 
        amounts are authorized by that subsection for grants to 
        those entities.
  (b) Solid Waste Assistance.--
          (1) In general.--Subject to the availability of 
        appropriations, the Secretary shall provide assistance 
        to the State of Alaska for designing, locating, 
        constructing, redeveloping, permitting, or certifying 
        solid waste management facilities on the Pribilof 
        Islands to be operated under permits issued to the City 
        of St. George and the City of St. Paul, Alaska, by the 
        State of Alaska under section 46.03.100 of the Alaska 
        Statutes.
          (2) Transfer.--The Secretary shall transfer any 
        appropriations received under paragraph (1) to the 
        State of Alaska for the benefit of rural and Native 
        villages in Alaska for obligation under section 303 of 
        Public Law 104-182, except that subsection (b) of that 
        section shall not apply to those funds.
          (3) Limitation.--In order to be eligible to receive 
        financial assistance under this subsection, not later 
        than 180 days after the date of the enactment of this 
        paragraph, each of the Cities of St. Paul and St. 
        George shall enter into a written agreement with the 
        State of Alaska under which such City shall identify by 
        its legal boundaries the tract or tracts of land that 
        such City has selected as the site for its solid waste 
        management facility and any supporting infrastructure.
  (c) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary--
          (1) for assistance under subsection (a), for fiscal 
        years 2001, 2002, 2003, 2004, 2005, 2006, [and 2007] 
        2007, 2008, and 2009 a total not to exceed--
                  (A) $9,000,000, for grants to the City of St. 
                Paul;
                  (B) $6,300,000, for grants to the Tanadgusix 
                Corporation;
                  (C) $1,500,000, for grants to the St. Paul 
                Tribal Council;
                  (D) $6,000,000, for grants to the City of St. 
                George;
                  (E) $4,200,000, for grants to the St. George 
                Tanaq Corporation; and
                  (F) $1,000,000, for grants to the St. George 
                Tribal Council; and
          (2) for assistance under subsection (b), for fiscal 
        years 2001, 2002, 2003, 2004, and 2005 a total not to 
        exceed--
                  (A) $6,500,000 for the City of St. Paul; and
                  (B) $3,500,000 for the City of St. George.
  (d) Limitation on Use of Assistance for Lobbying 
Activities.--None of the funds authorized by this section may 
be available for any activity a purpose of which is to 
influence legislation pending before the Congress, except that 
this subsection shall not prevent officers or employees of the 
United States or of its departments, agencies, or commissions 
from communicating to Members of Congress, through proper 
channels, requests for legislation or appropriations that they 
consider necessary for the efficient conduct of public 
business.
  (e) Immunity From Liability.--Neither the United States nor 
any of its agencies, officers, or employees shall have any 
liability under this Act or any other law associated with or 
resulting from the designing, locating, contracting for, 
redeveloping, permitting, certifying, operating, or maintaining 
any solid waste management facility on the Pribilof Islands as 
a consequence of--
          (1) having provided assistance to the State of Alaska 
        under subsection (b); or
          (2) providing funds for, or planning, constructing, 
        or operating, any interim solid waste management 
        facilities that may be required by the State of Alaska 
        before permanent solid waste management facilities 
        constructed with assistance provided under subsection 
        (b) are complete and operational.
  (f) Report on Expenditures.--Each entity which receives 
assistance authorized under subsection (c) shall submit an 
audited statement listing the expenditure of that assistance to 
the Committee on Appropriations and the Committee on Resources 
of the House of Representatives and the Committee on 
Appropriations and the Committee on Commerce, Science, and 
Transportation of the Senate, on the last day of fiscal years 
2002, 2004, and 2006.
  (g) Congressional Intent.--Amounts authorized under 
subsection (c) are intended by Congress to be provided in 
addition to the base funding appropriated to the National 
Oceanic and Atmospheric Administration in fiscal year 2000.

                ARMED FORCES RETIREMENT HOME ACT OF 1991

                    TITLE 24--HOSPITALS AND ASYLUMS

SEC. 401. DEFINITIONS.

                            [24 U.S.C. 401]

  For purposes of this title:
          (1) The term ``Retirement Home'' includes the 
        institutions established under section 1511, as 
        follows:
                  (A) The Armed Forces Retirement Home--
                Washington.
                  (B) The Armed Forces Retirement Home--
                Gulfport.
          (2) The term ``Local Board'' means a Local Board of 
        Trustees established under section 1516.
          (3) The terms ``Armed Forces Retirement Home Trust 
        Fund'' and ``Fund'' mean the Armed Forces Retirement 
        Home Trust Fund established under section 1519(a).
          (4) The term ``Armed Forces'' [does not include the 
        Coast Guard when it is not operating as a service in 
        the Navy.] has the meaning given such term in section 
        101(4) of title 10.
          (5) The term ``chief personnel officers'' means--
                  (A) the Deputy Chief of Staff for Personnel 
                of the Army;
                  (B) the Chief of Naval Personnel;
                  (C) the Deputy Chief of Staff for Personnel 
                of the Air Force; [and]
                  (D) the Deputy Commandant of the Marine Corps 
                for Manpower and Reserve [Affairs.] Affairs; 
                and
                  (E) the Assistant Commandant of the Coast 
                Guard for Human Resources.
          (6) The term ``senior noncommissioned officers'' 
        means the following:
                  (A) The Sergeant Major of the Army.
                  (B) The Master Chief Petty Officer of the 
                Navy.
                  (C) The Chief Master Sergeant of the Air 
                Force.
                  (D) The Sergeant Major of the Marine Corps.
                  (E) The Master Chief Petty Officer of the 
                Coast Guard.

                  FEDERAL WATER POLLUTION CONTROL ACT

 TITLE 26--WATER POLLUTION PREVENTION AND CONTROL STANDARDS ENFORCEMENT

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,[,] (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;
          (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; and
          (26) ``nontank vessel'' means a self-propelled vessel 
        that--
                  (A) is at least 400 gross tons as measured 
                under section 14302 of title 46, United States 
                Code, or, for vessels not measured under that 
                section, as measured under section 14502 of 
                that title;
                  (B) is not a tank vessel;
                  (C) carries oil of any kind as fuel for main 
                propulsion; and
                  (D) operates on the navigable waters of the 
                United States, as defined in section 2101(17a) 
                of that title.
  (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 section 4367 of 
                the Revised Statutes of the United States (46 
                U.S.C. App. 313); and
                  (C) a permit to depart required under section 
                443 of the Tariff Act of 1930 (19 U.S.C. 1443); 
                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 [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 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 or 
        operator 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 [United States Court of Federal Claims], 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, nontank vessel, and facility 
        response plans.--
                  (A) (i) The President shall issue regulations 
                which require an owner or operator of a tank 
                vessel or facility described in 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.
                  (ii) The President shall also issue 
                regulations which require an owner or operator 
                of a nontank vessel 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.
                  (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 nontank vessel, or a 
                facility described in subparagraph (C) that 
                transfers noxious liquid substances in bulk to 
                or from a vessel 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 that 
                is not designated as a hazardous substance or 
                regulated as oil in any other law or 
                regulation. 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)).
                  (C) The tank vessels, nontank vessels, and 
                facilities referred to in subparagraphs (A) and 
                (B) are the following:
                          (i) A tank vessel, as defined under 
                        section 2101 of title 46, United States 
                        Code.
                          (ii) A nontank vessel.
                          (iii) An offshore facility.
                          (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.
                  (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.
                  (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, nontank vessel, or 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;
                          (iv) review each plan periodically 
                        thereafter; and
                          (v) in the case of a plan for a 
                        nontank vessel, consider any applicable 
                        State-mandated response plan in effect 
                        on the date of the enactment of the 
                        Coast Guard and Maritime Transportation 
                        Act of 2004 and ensure consistency to 
                        the extent practicable.
                  (F) A tank vessel, nontank 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, 
                        nontank vessel, offshore facility, or 
                        onshore facility for which a response 
                        plan is reviewed by the President under 
                        subparagraph (E), the plan has been 
                        approved by the President; and
                          (ii) the vessel or facility is 
                        operating in compliance with the plan.
                  (G) Notwithstanding subparagraph (E), the 
                President may authorize a tank vessel, nontank 
                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, 
                nontank 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.
                  (H) The owner or operator of a tank vessel, 
                nontank 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.
                  (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 nontank vessel that is a vessel of the 
                United States.
                  (J) Response tug.--
                          (i) In general.--The Secretary shall 
                        require the stationing of a year round 
                        response tug of a minimum of 70-tons 
                        bollard pull in the entry to the Strait 
                        of Juan de Fuca at Neah Bay capable of 
                        providing rapid assistance and towing 
                        capability to disabled vessels during 
                        severe weather conditions.
                          (ii) Shared resources.--The Secretary 
                        may authorize compliance with the 
                        response tug stationing requirement of 
                        clause (i) through joint or shared 
                        resources between or among entities to 
                        which this subsection applies.
                          (iii) Existing state authority not 
                        affected.--Nothing in this subparagraph 
                        supersedes or interferes with any 
                        existing authority of a State with 
                        respect to the stationing of rescue 
                        tugs in any area under State law or 
                        regulations.
                          (iv) Administration.--In carrying out 
                        this subparagraph, the Secretary--
                                  (I) shall require the vessel 
                                response plan holders to 
                                negotiate and adopt a cost-
                                sharing formula and a schedule 
                                for carrying out this 
                                subparagraph by no later than 
                                June 1, 2008;
                                  (II) shall establish a cost-
                                sharing formula and a schedule 
                                for carrying out this 
                                subparagraph by no later than 
                                July 1, 2008 (without regard to 
                                the requirements of chapter 5 
                                of title 5, United States Code) 
                                if the vessel response plan 
                                holders fail to adopt the cost-
                                sharing formula and schedule 
                                required by subclause (I) of 
                                this clause by June 1, 2008; 
                                and
                                  (III) shall implement clauses 
                                (i) and (ii) of this 
                                subparagraph by June 1, 2008, 
                                without a rulemaking and 
                                without regard to the 
                                requirements of chapter 5 of 
                                title 5, United States Code.
                          (v) Long term tug capabilities.--
                        Within 6 months after implementing 
                        clauses (i) and (ii), and section 707 
                        of the Coast Guard Authorization Act 
                        for Fiscal Year 2008, the Secretary 
                        shall execute a contract with the 
                        National Academy of Sciences to conduct 
                        a study of regional response tug and 
                        salvage needs for Washington's Olympic 
                        coast. In developing the scope of the 
                        study, the National Academy of Sciences 
                        shall consult with Federal, State, and 
                        Tribal trustees as well as relevant 
                        stakeholders. The study--
                                  (I) shall define the needed 
                                capabilities, equipment, and 
                                facilities for a response tug 
                                in the entry to the Strait of 
                                Juan de Fuca at Neah Bay in 
                                order to optimize oil spill 
                                protection on Washington's 
                                Olympic coast, provide rescue 
                                towing services, oil spill 
                                response, and salvage and fire-
                                fighting capabilities;
                                  `(II) shall analyze the tug's 
                                multi-mission capabilities as 
                                well as its ability to utilize 
                                cached salvage, oil spill 
                                response, and oil storage 
                                equipment while responding to a 
                                spill or a vessel in distress 
                                and make recommendations as to 
                                the placement of this 
                                equipment;
                                  (III) shall address scenarios 
                                that consider all vessel types 
                                and weather conditions and 
                                compare current Neah Bay tug 
                                capabilities, costs, and 
                                benefits with other United 
                                States industry funded response 
                                tugs, including those currently 
                                operating in the entrance of 
                                Alaska's Prince William Sound;
                                  (IV) shall determine whether 
                                the current level of protection 
                                afforded by the Neah Bay 
                                response tug and associated 
                                response equipment is 
                                comparable to protection in 
                                other locations where response 
                                tugs operate, including the 
                                entrance of Prince William 
                                Sound, and if it is not 
                                comparable, shall make 
                                recommendations as to how 
                                capabilities, equipment, and 
                                facilities should be modified 
                                to achieve such comparable 
                                protection.
          (6) Equipment requirements and inspection.--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, and nontank 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, nontank 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 the case 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) [Repealed]
  (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.

                       OIL POLLUTION ACT OF 1990

               TITLE 33--NAVIGATION AND NAVIGABLE WATERS

SEC. 1001. DEFINITIONS.

                            [33 U.S.C. 2701]

  For the purposes of this Act, the term--
          (1) ``act of God'' means an unanticipated grave 
        natural disaster or other natural phenomenon of an 
        exceptional, inevitable, and irresistible character the 
        effects of which could not have been prevented or 
        avoided by the exercise of due care or foresight;
          (2) ``barrel'' means 42 United States gallons at 60 
        degrees fahrenheit;
          (3) ``claim'' means a request, made in writing for a 
        sum certain, for compensation for damages or removal 
        costs resulting from an incident;
          (4) ``claimant'' means any person or government who 
        presents a claim for compensation under this title;
          (5) ``damages'' means damages specified in section 
        1002(b) of this Act, and includes the cost of assessing 
        these damages;
          (6) ``deepwater port'' is a facility licensed under 
        the Deepwater Port Act of 1974 (33 U.S.C. 1501-1524);
          (7) ``discharge'' means any emission (other than 
        natural seepage), intentional or unintentional, and 
        includes, but is not limited to, spilling, leaking, 
        pumping, pouring, emitting, emptying, or dumping;
          (8) ``exclusive economic zone'' means the zone 
        established by Presidential Proclamation Numbered 5030, 
        dated March 10, 1983, including the ocean waters of the 
        areas referred to as ``eastern special areas'' in 
        Article 3(1) of the Agreement between the United States 
        of America and the Union of Soviet Socialist Republics 
        on the Maritime Boundary, signed June 1, 1990;
          (9) ``facility'' means any structure, group of 
        structures, equipment, or device (other than a vessel) 
        which is used for one or more of the following 
        purposes: exploring for, drilling for, producing, 
        storing, handling, transferring, processing, or 
        transporting oil. This term includes any motor vehicle, 
        rolling stock, or pipeline used for one or more of 
        these purposes;
          (10) ``foreign offshore unit'' means a facility which 
        is located, in whole or in part, in the territorial sea 
        or on the continental shelf of a foreign country and 
        which is or was used for one or more of the following 
        purposes: exploring for, drilling for, producing, 
        storing, handling, transferring, processing, or 
        transporting oil produced from the seabed beneath the 
        foreign country's territorial sea or from the foreign 
        country's continental shelf;
          (11) ``Fund'' means the Oil Spill Liability Trust 
        Fund, established by section 9509 of the Internal 
        Revenue Code of 1986 (26 U.S.C. 9509);
          (12) ``gross ton'' has the meaning given that term by 
        the Secretary under part J of title 46, United States 
        Code;
          (13) ``guarantor'' means any person, other than the 
        responsible party, who provides evidence of financial 
        responsibility for a responsible party under this Act;
          (14) ``incident'' means any occurrence or series of 
        occurrences having the same origin, involving one or 
        more vessels, facilities, or any combination thereof, 
        resulting in the discharge or substantial threat of 
        discharge of oil;
          (15) ``Indian tribe'' means any Indian tribe, band, 
        nation, or other organized group or community, but not 
        including any Alaska Native regional or village 
        corporation, which is recognized as eligible for the 
        special programs and services provided by the United 
        States to Indians because of their status as Indians 
        and has governmental authority over lands belonging to 
        or controlled by the tribe;
          (16) ``lessee'' means a person holding a leasehold 
        interest in an oil or gas lease on lands beneath 
        navigable waters (as that term is defined in section 
        2(a) of the Submerged Lands Act (43 U.S.C. 1301(a))) or 
        on submerged lands of the Outer Continental Shelf, 
        granted or maintained under applicable State law or the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
        seq.);
          (17) ``liable'' or ``liability'' shall be construed 
        to be the standard of liability which obtains under 
        section 311 of the Federal Water Pollution Control Act 
        (33 U.S.C. 1321);
          (18) ``mobile offshore drilling unit'' means a vessel 
        (other than a self-elevating lift vessel) capable of 
        use as an offshore facility;
          (19) ``National Contingency Plan'' means the National 
        Contingency Plan prepared and published under section 
        311(d) of the Federal Water Pollution Control Act, as 
        amended by this Act, or revised under section 105 of 
        the Comprehensive Environmental Response, Compensation, 
        and Liability Act (42 U.S.C. 9605);
          (20) ``natural resources'' includes land, fish, 
        wildlife, biota, air, water, ground water, drinking 
        water supplies, and other such resources belonging to, 
        managed by, held in trust by, appertaining to, or 
        otherwise controlled by the United States (including 
        the resources of the exclusive economic zone), any 
        State or local government or Indian tribe, or any 
        foreign government;
          (21) ``navigable waters'' means the waters of the 
        United States, including the territorial sea;
          (22) ``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;
          (23) ``oil'' means oil of any kind or in any form, 
        including petroleum, fuel oil, sludge, oil refuse, and 
        oil mixed with wastes other than dredged spoil, but 
        does not include any substance which is specifically 
        listed or designated as a hazardous substance under 
        subparagraphs (A) through (F) of section 101(14) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act (42 U.S.C. 9601) and which is subject to 
        the provisions of that Act;
          (24) ``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;
          (25) the term ``Outer Continental Shelf facility'' 
        means an offshore facility which is located, in whole 
        or in part, on the Outer Continental Shelf and is or 
        was used for one or more of the following purposes: 
        exploring for, drilling for, producing, storing, 
        handling, transferring, processing, or transporting oil 
        produced from the Outer Continental Shelf;
          (26) ``owner or operator''--
                  (A) means--
                          (i) in the case of a vessel, any 
                        person owning, operating, or chartering 
                        by demise, the vessel;
                          (ii) in the case of an onshore or 
                        offshore facility, any person owning or 
                        operating such facility;
                          (iii) in the case of any abandoned 
                        offshore facility, the person who owned 
                        or operated such facility immediately 
                        prior to such abandonment;
                          (iv) in the case of any facility, 
                        title or control of which was conveyed 
                        due to bankruptcy, foreclosure, tax 
                        delinquency, abandonment, or similar 
                        means to a unit of State or local 
                        government, any person who owned, 
                        operated, or otherwise controlled 
                        activities at such facility immediately 
                        beforehand;
                          (v) notwithstanding subparagraph 
                        (B)(i), and in the same manner and to 
                        the same extent, both procedurally and 
                        substantively, as any nongovernmental 
                        entity, including for purposes of 
                        liability under section 1002, any State 
                        or local government that has caused or 
                        contributed to a discharge or 
                        substantial threat of a discharge of 
                        oil from a vessel or facility ownership 
                        or control of which was acquired 
                        involuntarily through--
                                  (I) seizure or otherwise in 
                                connection with law enforcement 
                                activity;
                                  (II) bankruptcy;
                                  (III) tax delinquency;
                                  (IV) abandonment; or
                                  (V) other circumstances in 
                                which the government 
                                involuntarily acquires title by 
                                virtue of its function as 
                                sovereign;
                          (vi) notwithstanding subparagraph 
                        (B)(ii), a person that is a lender and 
                        that holds indicia of ownership 
                        primarily to protect a security 
                        interest in a vessel or facility if, 
                        while the borrower is still in 
                        possession of the vessel or facility 
                        encumbered by the security interest, 
                        the person--
                                  (I) exercises decision making 
                                control over the environmental 
                                compliance related to the 
                                vessel or facility, such that 
                                the person has undertaken 
                                responsibility for oil handling 
                                or disposal practices related 
                                to the vessel or facility; or
                                  (II) exercises control at a 
                                level comparable to that of a 
                                manager of the vessel or 
                                facility, such that the person 
                                has assumed or manifested 
                                responsibility--
                                          (aa) for the overall 
                                        management of the 
                                        vessel or facility 
                                        encompassing day-to-day 
                                        decision making with 
                                        respect to 
                                        environmental 
                                        compliance; or
                                          (bb) over all or 
                                        substantially all of 
                                        the operational 
                                        functions (as 
                                        distinguished from 
                                        financial or 
                                        administrative 
                                        functions) of the 
                                        vessel or facility 
                                        other than the function 
                                        of environmental 
                                        compliance; and
                  (B) does not include--
                          (i) A unit of state or local 
                        government that acquired ownership or 
                        control of a vessel or facility 
                        involuntarily through--
                                  (I) seizure or otherwise in 
                                connection with law enforcement 
                                activity;
                                  (II) bankruptcy;
                                  (III) tax delinquency;
                                  (IV) abandonment; or
                                  (V) other circumstances in 
                                which the government 
                                involuntarily acquires title by 
                                virtue of its function as 
                                sovereign;
                          (ii) a person that is a lender that 
                        does not participate in management of a 
                        vessel or facility, but holds indicia 
                        of ownership primarily to protect the 
                        security interest of the person in the 
                        vessel or facility; or
                          (iii) a person that is a lender that 
                        did not participate in management of a 
                        vessel or facility prior to 
                        foreclosure, notwithstanding that the 
                        person--
                                  (I) forecloses on the vessel 
                                or facility; and
                                  (II) after foreclosure, 
                                sells, re-leases (in the case 
                                of a lease finance 
                                transaction), or liquidates the 
                                vessel or facility, maintains 
                                business activities, winds up 
                                operations, undertakes a 
                                removal action under section 
                                311(c) of the Federal Water 
                                Pollution Control Act (33 
                                U.S.C. 1321(c)) or under the 
                                direction of an on-scene 
                                coordinator appointed under the 
                                National Contingency Plan, with 
                                respect to the vessel or 
                                facility, or takes any other 
                                measure to preserve, protect, 
                                or prepare the vessel or 
                                facility prior to sale or 
                                disposition,
                        if the person seeks to sell, re-lease 
                        (in the case of a lease finance 
                        transaction), or otherwise divest the 
                        person of the vessel or facility at the 
                        earliest practicable, commercially 
                        reasonable time, on commercially 
                        reasonable terms, taking into account 
                        market conditions and legal and 
                        regulatory requirements;
          (27) ``person'' means an individual, corporation, 
        partnership, association, State, municipality, 
        commission, or political subdivision of a State, or any 
        interstate body;
          (28) ``permittee'' means a person holding an 
        authorization, license, or permit for geological 
        exploration issued under section 11 of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1340) or 
        applicable State law;
          (29) ``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 the vessel is engaged in 
        commerce;
          (30) ``remove'' or ``removal'' means containment and 
        removal of oil or a hazardous substance from water and 
        shorelines or the taking of other actions as may be 
        necessary to 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;
          (31) ``removal costs'' means the costs of removal 
        that are incurred after a discharge of oil has occurred 
        or, in any case in which there is a substantial threat 
        of a discharge of oil, the costs to prevent, minimize, 
        or mitigate oil pollution from such an incident;
          (32) ``responsible party'' means the following:
                  [(A) Vessels.--In the case of a vessel, any 
                person owning, operating, or demise chartering 
                the vessel.]
                  (A) Vessels.--In the case of a vessel (other 
                than a vessel described in section 3703a(b) of 
                title 46, United States Code)--
                          (i) any person owning, operating, or 
                        demise chartering the vessel; and
                          (ii) the owner of oil being 
                        transported in a tank vessel with a 
                        single hull after December 31, 2010, if 
                        the owner of the oil knew, or should 
                        have known, from publicly available 
                        information that the vessel had a poor 
                        safety or operational record.
                  (B) Onshore facilities.--In the case of an 
                onshore facility (other than a pipeline), any 
                person owning or operating the facility, except 
                a Federal agency, State, municipality, 
                commission, or political subdivision of a 
                State, or any interstate body, that as the 
                owner transfers possession and right to use the 
                property to another person by lease, 
                assignment, or permit.
                  (C) Offshore facilities.--In the case of an 
                offshore facility (other than a pipeline or a 
                deepwater port licensed under the Deepwater 
                Port Act of 1974 (33 U.S.C. 1501 et seq.)), the 
                lessee or permittee of the area in which the 
                facility is located or the holder of a right of 
                use and easement granted under applicable State 
                law or the Outer Continental Shelf Lands Act 
                (43 U.S.C. 1301-1356) for the area in which the 
                facility is located (if the holder is a 
                different person than the lessee or permittee), 
                except a Federal agency, State, municipality, 
                commission, or political subdivision of a 
                State, or any interstate body, that as owner 
                transfers possession and right to use the 
                property to another person by lease, 
                assignment, or permit.
                  (D) Deepwater ports.--In the case of a 
                deepwater port licensed under the Deepwater 
                Port Act of 1974 (33 U.S.C. 1501-1524), the 
                licensee.
                  (E) Pipelines.--In the case of a pipeline, 
                any person owning or operating the pipeline.
                  (F) Abandonment.--In the case of an abandoned 
                vessel, onshore facility, deepwater port, 
                pipeline, or offshore facility, the persons who 
                would have been responsible parties immediately 
                prior to the abandonment of the vessel or 
                facility.
          (33) ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating;
          (34) ``tank vessel'' means a vessel that is 
        constructed or adapted to carry, or that carries, oil 
        or hazardous material in bulk as cargo or cargo 
        residue, and that--
                  (A) is a vessel of the United States;
                  (B) operates on the navigable waters; or
                  (C) transfers oil or hazardous material in a 
                place subject to the jurisdiction of the United 
                States;
          (35) ``territorial seas'' means the belt of the seas 
        measured from the line of ordinary low water along that 
        portion of the coast which is in direct contact with 
        the open sea and the line marking the seaward limit of 
        inland waters, and extending seaward a distance of 3 
        miles;
          (36) ``United States'' and ``State'' mean the several 
        States of the United States, the District of Columbia, 
        the Commonwealth of Puerto Rico, Guam, American Samoa, 
        the United States Virgin Islands, the Commonwealth of 
        the Northern Marianas, and any other territory or 
        possession of the United States;
          (37) ``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;
          (38) ``participate in management''--
                  (A) (i) means actually participating in the 
                management or operational affairs of a vessel 
                or facility; and
                  (ii) does not include merely having the 
                capacity to influence, or the unexercised right 
                to control, vessel or facility operations; and
                  (B) does not include--
                          (i) performing an act or failing to 
                        act prior to the time at which a 
                        security interest is created in a 
                        vessel or facility;
                          (ii) holding a security interest or 
                        abandoning or releasing a security 
                        interest;
                          (iii) including in the terms of an 
                        extension of credit, or in a contract 
                        or security agreement relating to the 
                        extension, a covenant, warranty, or 
                        other term or condition that relates to 
                        environmental compliance;
                          (iv) monitoring or enforcing the 
                        terms and conditions of the extension 
                        of credit or security interest;
                          (v) monitoring or undertaking one or 
                        more inspections of the vessel or 
                        facility;
                          (vi) requiring a removal action or 
                        other lawful means of addressing a 
                        discharge or substantial threat of a 
                        discharge of oil in connection with the 
                        vessel or facility prior to, during, or 
                        on the expiration of the term of the 
                        extension of credit;
                          (vii) providing financial or other 
                        advice or counseling in an effort to 
                        mitigate, prevent, or cure default or 
                        diminution in the value of the vessel 
                        or facility;
                          (viii) restructuring, renegotiating, 
                        or otherwise agreeing to alter the 
                        terms and conditions of the extension 
                        of credit or security interest, 
                        exercising forbearance;
                          (ix) exercising other remedies that 
                        may be available under applicable law 
                        for the breach of a term or condition 
                        of the extension of credit or security 
                        agreement; or
                          (x) conducting a removal action under 
                        311(c) of the Federal Water Pollution 
                        Control Act (33 U.S.C. 1321(c)) or 
                        under the direction of an on-scene 
                        coordinator appointed under the 
                        National Contingency Plan, if such 
                        actions do not rise to the level of 
                        participating in management under 
                        subparagraph (A) of this paragraph and 
                        paragraph (26)(A)(vi);
          (39) ``extension of credit'' has the meaning provided 
        in section 101(20)(G)(i) of the Comprehensive 
        Environmental Response, Compensation and Liability Act 
        of 1980 (42 U.S.C. 9601(20)(G)(i));
          (40) ``financial or administrative function'' has the 
        meaning provided in section 101(20)(G)(ii) of the 
        Comprehensive Environmental Response, Compensation and 
        Liability Act of 1980 (42 U.S.C. 9601(20)(G)(ii));
          (41) ``foreclosure'' and ``foreclose'' each has the 
        meaning provided in section 101(20)(G)(iii) of the 
        Comprehensive Environmental Response, Compensation and 
        Liability Act of 1980 (42 U.S.C. 9601(20)(G)(iii));
          (42) ``lender'' has the meaning provided in section 
        101(20)(G)(iv) of the Comprehensive Environmental 
        Response, Compensation and Liability Act of 1980 (42 
        U.S.C. 9601(20)(G)(iv));
          (43) ``operational function'' has the meaning 
        provided in section 101(20)(G)(v) of the Comprehensive 
        Environmental Response, Compensation and Liability Act 
        of 1980 (42 U.S.C. 9601(20)(G)(v)); and
          (44) ``security interest'' has the meaning provided 
        in section 101(20)(G)(vi) of the Comprehensive 
        Environmental Response, Compensation and Liability Act 
        of 1980 (42 U.S.C. 9601(20)(G)(vi)).

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 $15,000,000 in each fiscal 
                year shall be available to the Under Secretary 
                of Commerce for Oceans and Atmosphere for 
                expenses incurred by, and activities related 
                to, response and damage assessment capabilities 
                of the National Oceanic and Atmospheric 
                Administration;
                  [(B)] (C) 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)] (D) not more than $27,250,000 in each 
                fiscal year shall be available to carry out 
                title VII of this Act; and
          (6) the making of loans pursuant to the program 
        established under section 1013(f).
  (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. 1016. FINANCIAL RESPONSIBILITY.

                            [33 U.S.C. 2716]

  (a) Requirement.--The responsible party for--
          (1) any vessel over 300 gross tons (except a non-
        self-propelled vessel that does not carry oil as cargo 
        or fuel) using any place subject to the jurisdiction of 
        the United States; [or]
          (2) any vessel using the waters of the exclusive 
        economic zone to transship or lighter oil destined for 
        a place subject to the jurisdiction of the United 
        States; or
          (3) any tank vessel over 100 gross tons (except a 
        non-self-propelled vessel that does not carry oil as 
        cargo) using any place subject to the jurisdiction of 
        the United States;
shall establish and maintain, in accordance with regulations 
promulgated by the Secretary, evidence of financial 
responsibility sufficient to meet the maximum amount of 
liability to which the responsible party could be subjected 
under section 1004(a) or (d) of this Act, in a case where the 
responsible party would be entitled to limit liability under 
that section. If the responsible party owns or operates more 
than one vessel, evidence of financial responsibility need be 
established only to meet the amount of the maximum liability 
applicable to the vessel having the greatest maximum liability.
  (b) Sanctions.--
          (1) Withholding clearance.--The Secretary of the 
        Treasury shall withhold or revoke the clearance 
        required by section 4197 of the Revised Statutes of the 
        United States of any vessel subject to this section 
        that does not have the evidence of financial 
        responsibility required for the vessel under this 
        section.
          (2) Denying entry to or detaining vessels.--The 
        Secretary may--
                  (A) deny entry to any vessel to any place in 
                the United States, or to the navigable waters, 
                or
                  (B) detain at the place, any vessel that, 
                upon request, does not produce the evidence of 
                financial responsibility required for the 
                vessel under this section.
          (3) Seizure of vessel.--Any vessel subject to the 
        requirements of this section which is found in the 
        navigable waters without the necessary evidence of 
        financial responsibility for the vessel shall be 
        subject to seizure by and forfeiture to the United 
        States.
  (c) Offshore Facilities.--
          (1) In general.--
                  (A) Evidence of financial responsibility 
                required.--Except as provided in paragraph (2), 
                a responsible party with respect to an offshore 
                facility that--
                        (i)(I) is located seaward of the line 
                        of ordinary low water along that 
                        portion of the coast that is in direct 
                        contact with the open sea and the line 
                        marking the seaward limit of inland 
                        waters; or
                        (II) is located in coastal inland 
                        waters, such as bays or estuaries, 
                        seaward of the line of ordinary low 
                        water along that portion of the coast 
                        that is not in direct contact with the 
                        open sea;
                          (ii) is used for exploring for, 
                        drilling for, producing, or 
                        transporting oil from facilities 
                        engaged in oil exploration, drilling, 
                        or production; and
                          (iii) has a worst-case oil spill 
                        discharge potential of more than 1,000 
                        barrels of oil (or a lesser amount if 
                        the President determines that the risks 
                        posed by such facility justify it), 
                        shall establish and maintain evidence 
                        of financial responsibility in the 
                        amount required under subparagraph (B) 
                        or (C), as applicable.
                  (B) Amount required generally.--Except as 
                provided in subparagraph (C), the amount of 
                financial responsibility for offshore 
                facilities that meet the criteria of 
                subparagraph (A) is--
                          (i) $35,000,000 for an offshore 
                        facility located seaward of the seaward 
                        boundary of a State; or
                          (ii) $10,000,000 for an offshore 
                        facility located landward of the 
                        seaward boundary of a State.
                  (C) Greater amount.--If the President 
                determines that an amount of financial 
                responsibility for a responsible party greater 
                than the amount required by subparagraph (B) is 
                justified based on the relative operational, 
                environmental, human health, and other risks 
                posed by the quantity or quality of oil that is 
                explored for, drilled for, produced, or 
                transported by the responsible party, the 
                evidence of financial responsibility required 
                shall be for an amount determined by the 
                President not exceeding $150,000,000.
                  (D) Multiple facilities.--In a case in which 
                a person is a responsible party for more than 
                one facility subject to this subsection, 
                evidence of financial responsibility need be 
                established only to meet the amount applicable 
                to the facility having the greatest financial 
                responsibility requirement under this 
                subsection.
                  (E) Definition.--For the purpose of this 
                paragraph, the seaward boundary of a State 
                shall be determined in accordance with section 
                2(b) of the Submerged Lands Act (43 U.S.C. 
                1301(b)).
          (2) Deepwater ports.--Each responsible party with 
        respect to a deepwater port shall establish and 
        maintain evidence of financial responsibility 
        sufficient to meet the maximum amount of liability to 
        which the responsible party could be subjected under 
        section 1004(a) of this Act in a case where the 
        responsible party would be entitled to limit liability 
        under that section. If the Secretary exercises the 
        authority under section 1004(d)(2) to lower the limit 
        of liability for deepwater ports, the responsible party 
        shall establish and maintain evidence of financial 
        responsibility sufficient to meet the maximum amount of 
        liability so established. In a case in which a person 
        is the responsible party for more than one deepwater 
        port, evidence of financial responsibility need be 
        established only to meet the maximum liability 
        applicable to the deepwater port having the greatest 
        maximum liability.
  (d) [Not enacted].
  (e) Methods of Financial Responsibility.--Financial 
responsibility under this section may be established by any 
one, or by any combination, of the following methods which the 
Secretary (in the case of a vessel) or the President (in the 
case of a facility) determines to be acceptable: evidence of 
insurance, surety bond, guarantee, letter of credit, 
qualification as a self-insurer, or other evidence of financial 
responsibility. Any bond filed shall be issued by a bonding 
company authorized to do business in the United States. In 
promulgating requirements under this section, the Secretary or 
the President, as appropriate, may specify policy or other 
contractual terms, conditions, or defenses which are necessary, 
or which are unacceptable, in establishing evidence of 
financial responsibility to effectuate the purposes of this 
Act.
  (f) Claims Against Guarantor.--
          (1) In general.--Subject to paragraph (2), a claim 
        for which liability may be established under section 
        1002 may be asserted directly against any guarantor 
        providing evidence of financial responsibility for a 
        responsible party liable under that section for removal 
        costs and damages to which the claim pertains. In 
        defending against such a claim, the guarantor may 
        invoke--
                  (A) all rights and defenses which would be 
                available to the responsible party under this 
                Act;
                  (B) any defense authorized under subsection 
                (e); and
                  (C) the defense that the incident was caused 
                by the willful misconduct of the responsible 
                party. The guarantor may not invoke any other 
                defense that might be available in proceedings 
                brought by the responsible party against the 
                guarantor.
          (2) Further requirement.--A claim may be asserted 
        pursuant to paragraph (1) directly against a guarantor 
        providing evidence of financial responsibility under 
        subsection (c)(1) with respect to an offshore facility 
        only if--
                  (A) the responsible party for whom evidence 
                of financial responsibility has been provided 
                has denied or failed to pay a claim under this 
                Act on the basis of being insolvent, as defined 
                under section 101(32) of title 11, United 
                States Code, and applying generally accepted 
                accounting principles;
                  (B) the responsible party for whom evidence 
                of financial responsibility has been provided 
                has filed a petition for bankruptcy under title 
                11, United States Code; or
                  (C) the claim is asserted by the United 
                States for removal costs and damages or for 
                compensation paid by the Fund under this Act, 
                including costs incurred by the Fund for 
                processing compensation claims.
          (3) Rulemaking authority.--Not later than 1 year 
        after the date of enactment of this paragraph, the 
        President shall promulgate regulations to establish a 
        process for implementing paragraph (2) in a manner that 
        will allow for the orderly and expeditious presentation 
        and resolution of claims and effectuate the purposes of 
        this Act.
  (g) Limitation on Guarantor's Liability.--Nothing in this Act 
shall impose liability with respect to an incident on any 
guarantor for damages or removal costs which exceed, in the 
aggregate, the amount of financial responsibility which that 
guarantor has provided for a responsible party pursuant to this 
section. The total liability of the guarantor on direct action 
for claims brought under this Act with respect to an incident 
shall be limited to that amount.
  (h) Continuation of Regulations.--Any regulation relating to 
financial responsibility, which has been issued pursuant to any 
provision of law repealed or superseded by this Act, and which 
is in effect on the date immediately preceding the effective 
date of this Act, is deemed and shall be construed to be a 
regulation issued pursuant to this section. Such a regulation 
shall remain in full force and effect unless and until 
superseded by a new regulation issued under this section.
  (i) Unified Certificate.--The Secretary may issue a single 
unified certificate of financial responsibility for purposes of 
this Act and any other law.

         TITLE 37. PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

                       CHAPTER 19. ADMINISTRATION

Sec. 1007. Deductions from pay

  (a) The pay of an officer of an armed force may be withheld, 
under section 5512 of title 5, only for an indebtedness to the 
United States admitted by the officer or shown by the judgment 
of a court, or upon a special order issued in the discretion of 
the Secretary of Defense (or the Secretary of Homeland 
Security, in the case of an officer of the Coast Guard when the 
Coast Guard is not operating as a service in the Navy), or upon 
the denial of relief of an officer pursuant to section 3527 of 
title 31.
  (b) An amount due the United States from an enlisted member 
of the Army or the Air Force for articles sold to him on credit 
under section 4621(a)(1) or 9621(a)(1) of title 10, as the case 
may be, shall be deducted from the next pay due him after the 
sale is reported.
  (c)(1) Under regulations prescribed by the Secretary 
concerned, an amount that a member of the uniformed services is 
administratively determined to owe the United States or any of 
its instrumentalities may be deducted from the member's pay in 
monthly installments.
  (2) After the deduction of pay forfeited by the sentence of a 
court-martial, if any, or otherwise authorized by law to be 
withheld, the deductions authorized by this section may not 
reduce the pay actually received by a member of the uniformed 
services for any month to less than one-third of the member's 
pay for that month.
  (3) If the indebtedness of a member of the uniformed services 
to the United States is due to the overpayment of pay or 
allowances to the member through no fault of the member, the 
amount of the overpayment shall be recovered in monthly 
installments. The amount deducted from the pay of the member 
for a month to recover the overpayment amount may not exceed 20 
percent of the member's pay for that month unless the member 
requests or consents to collection of the overpayment at an 
accelerated rate.
  (4) If a member of the uniformed services is injured or 
wounded under the circumstances described in section 
310(a)(2)(C) of this title or, while in the line of duty, 
incurs a wound, injury, or illness in a combat operation or 
combat zone designated by the Secretary of Defense, any 
overpayment of pay or allowances made to the member while the 
member recovers from the wound, injury, or illness may not be 
deducted from the member's pay until--
          (A) the end of the 90-day period beginning on the 
        date on which the member is notified of the 
        overpayment; or
          (B) such earlier date as may be requested or agreed 
        to by the member.
  (d) Subject to subsection (c), an amount due the United 
States from an enlisted member of the Army or the Air Force may 
be deducted from his pay on final statement, or from his 
savings on his clothing allowance.
  (e) The amount of any damage, or cost of repairs, to arms or 
equipment caused by the abuse or negligence of a member of the 
Army, Navy, Air Force, or Marine Corps, as the case may be, who 
had the care of, or was using, the property when it was 
damaged, shall be deducted from his pay.
  (f) If, upon final settlement of the accounts of an officer 
of the Army or the Air Force charged with the issue of an 
article of military supply, there is a deficiency of that 
article, or if an article of military supply with whose issue 
an officer is charged is damaged, the value of the lost article 
or the amount of the damage shall be charged against the 
officer and deducted from his monthly pay, unless he shows to 
the satisfaction of the Secretary of the Army or the Secretary 
of the Air Force, as the case may be, by one or more affidavits 
setting forth the circumstances, that he was not at fault.
  (g) An amount due the United States from an officer of the 
Army or the Air Force for rations bought on credit, and for 
articles bought on credit under section 4621(a)(1) or 
9621(a)(1) of title 10, shall be deducted from the next pay due 
that officer after the sale is reported.
  (h)(1) Upon request by a service relief society and subject 
to paragraph (2), an amount owed by a member of the uniformed 
services to the relief society may be deducted from the pay on 
final statement of such member and paid to that relief society.
  (2) An amount may not be deducted under paragraph (1) from 
the pay of a member unless the Secretary concerned makes a 
determination of the amount owed in accordance with the 
regulations prescribed under subsection (c). Any amount 
determined to be owed to a service relief society under this 
paragraph shall be considered an amount that the member is 
administratively determined to owe the United States under 
subsection (c) and shall be collectible in accordance with such 
subsection.
  (3) The Secretaries concerned shall prescribe regulations to 
carry out this subsection.
  (4) In this subsection, the term ``service relief society'' 
means the Army Emergency Relief, the Air Force Aid Society, the 
Navy Relief Society, or the Coast Guard Mutual Assistance.
  (i)(1) There shall be deducted each month from the pay of 
each enlisted member, warrant officer, and limited duty officer 
of the armed forces on active duty an amount (determined under 
paragraph (3)) not to exceed $1.00.
  (2) Amounts deducted under paragraph (1) shall be deposited 
in the Armed Forces Retirement Home Trust Fund.
  (3) The Secretary of Defense, after consultation with the 
[Armed Forces Retirement Home Board,] Chief Operating Officer 
of the Armed Forces Retirement Home, shall determine from time 
to time the amount to be deducted under paragraph (1) from the 
pay of enlisted members, warrant officers and limited duty 
officers on the basis of the financial needs of the Armed 
Forces Retirement Home. The amount to be deducted may be fixed 
at different amounts on the basis of grade or length of 
service, or both.
  (4) In this subsection, the term ``armed forces'' [does not 
include the Coast Guard when it is not operating as a service 
in the Navy.] has the meaning given such term in section 101(4) 
of title 10.
  (5) This subsection does not apply to an enlisted member, 
warrant officer, or limited duty officer of a reserve 
component.

                           TITLE 46. SHIPPING

                    SUBTITLE II. VESSELS AND SEAMEN

                       PART A. GENERAL PROVISIONS

                          CHAPTER 21. GENERAL

Sec. 2101. General definitions

  In this subtitle--
          (1) ``associated equipment''--
                  (A) means--
                          (i) a system, accessory, component, 
                        or appurtenance of a recreational 
                        vessel; or
                          (ii) a marine safety article intended 
                        for use on board a recreational vessel; 
                        but
                  (B) does not include radio equipment.
          (2)-(3a) [Repealed].
          (4) ``Coast Guard'' means the organization 
        established and continued under section 1 of title 14.
          (5) ``commercial service'' includes any type of trade 
        or business involving the transportation of goods or 
        individuals, except service performed by a combatant 
        vessel.
          (5a) ``consideration'' means an economic benefit, 
        inducement, right, or profit including pecuniary 
        payment accruing to an individual, person, or entity, 
        but not including a voluntary sharing of the actual 
        expenses of the voyage, by monetary contribution or 
        donation of fuel, food, beverage, or other supplies.
          (6) [Repealed].
          (7) ``crude oil'' means a liquid hydrocarbon mixture 
        occurring naturally in the earth, whether or not 
        treated to render it suitable for transportation, and 
        includes crude oil from which certain distillate 
        fractions may have been removed, and crude oil to which 
        certain distillate fractions may have been added.
          (8) ``crude oil tanker'' means a tanker engaged in 
        the trade of carrying crude oil.
          (8a) ``dangerous drug'' means a narcotic drug, a 
        controlled substance, or a controlled substance analog 
        (as defined in section 102 of the Comprehensive Drug 
        Abuse Prevention and Control Act of 1970 (21 U.S.C. 
        802)).
          (9) ``discharge'', when referring to a substance 
        discharged from a vessel, includes spilling, leaking, 
        pumping, pouring, emitting, emptying, or dumping, 
        however caused.
          (10), (10a) [Repealed].
          (10b) ``ferry'' means a vessel that is used on a 
        regular schedule--
                  (A) to provide transportation only between 
                places that are not more than 300 miles apart; 
                and
                  (B) to transport only--
                          (i) passengers; or
                          (ii) vehicles, or railroad cars, that 
                        are being used, or have been used, in 
                        transporting passengers or goods.
          (11) ``fish'' means finfish, mollusks, crustaceans, 
        and all other forms of marine animal and plant life, 
        except marine mammals and birds.
          (11a) ``fishing vessel'' means a vessel that 
        commercially engages in the catching, taking, or 
        harvesting of fish or an activity that can reasonably 
        be expected to result in the catching, taking, or 
        harvesting of fish.
          (11b) ``fish processing vessel'' means a vessel that 
        commercially prepares fish or fish products other than 
        by gutting, decapitating, gilling, skinning, shucking, 
        icing, freezing, or brine [chilling.] chilling, but 
        does not include a fishing vessel operating in Alaskan 
        waters under a permit or license issued by Alaska 
        that--
          (A) fillets only salmon taken by that vessel;
          (B) fillets less than 5 metric tons of such salmon 
        during any 7-day period.
          (11c) ``fish tender vessel'' means a vessel that 
        commercially supplies, stores, refrigerates, or 
        transports fish, fish products, or materials directly 
        related to fishing or the preparation of fish to or 
        from a fishing, fish processing, or fish tender vessel 
        or a fish processing facility.
          (12) [Repealed].
          (13) ``freight vessel'' means a motor vessel of more 
        than 15 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 
        carries freight for hire, except an oceanographic 
        research vessel or an offshore supply vessel.
          (13a) ``Great Lakes barge'' means a non-self-
        propelled vessel of at least 3,500 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 operating on the Great Lakes.
          (14) ``hazardous material'' means a liquid material 
        or substance that is--
                  (A) flammable or combustible;
                  (B) designated a hazardous substance under 
                section 311(b) of the Federal Water Pollution 
                Control Act (33 U.S.C. 1321); or
                  (C) designated a hazardous material under 
                section 5103(a) of title 49;
          (14a) ``major conversion'' means a conversion of a 
        vessel that--
                  (A) substantially changes the dimensions or 
                carrying capacity of the vessel;
                  (B) changes the type of the vessel;
                  (C) substantially prolongs the life of the 
                vessel; or
                  (D) otherwise so changes the vessel that it 
                is essentially a new vessel, as decided by the 
                Secretary.
          (15) ``marine environment'' means--
                  (A) the navigable waters of the United States 
                and the land and resources in and under those 
                waters;
                  (B) the waters and fishery resources of an 
                area over which the United States asserts 
                exclusive fishery management authority;
                  (C) the seabed and subsoil of the outer 
                Continental Shelf of the United States, the 
                resources of the Shelf, and the waters 
                superjacent to the Shelf; and
                  (D) the recreational, economic, and scenic 
                values of the waters and resources referred to 
                in subclauses (A)-(C) of this clause.
          (15a) ``mobile offshore drilling unit'' means a 
        vessel capable of engaging in drilling operations for 
        the exploration or exploitation of subsea resources.
          (16) ``motor vessel'' means a vessel propelled by 
        machinery other than steam.
          (17) ``nautical school vessel'' means a vessel 
        operated by or in connection with a nautical school or 
        an educational institution under section 558 of title 
        40.
          (17a) ``navigable waters of the United States'' 
        includes all waters of the territorial sea of the 
        United States as described in Presidential Proclamation 
        No. 5928 of December 27, 1988.
          (17b) [Repealed].
          (18) ``oceanographic research vessel'' means a vessel 
        that the Secretary finds is being employed only in 
        instruction in oceanography or limnology, or both, or 
        only in oceanographic or limnological research, 
        including studies about the sea such as seismic, 
        gravity meter, and magnetic exploration and other 
        marine geophysical or geological surveys, atmospheric 
        research, and biological research.
          (19) ``offshore supply vessel'' means a motor vessel 
        of more than 15 gross tons but less than 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 regularly carries goods, 
        supplies, individuals in addition to the crew, or 
        equipment in support of exploration, exploitation, or 
        production of offshore mineral or energy resources.
          (20) ``oil'' includes oil of any type or in any form, 
        including petroleum, fuel oil, sludge, oil refuse, and 
        oil mixed with wastes except dredged spoil.
          (20a) ``oil spill response vessel'' means a vessel 
        that is designated in its certificate of inspection as 
        such a vessel, or that is adapted to respond to a 
        discharge of oil or a hazardous material.
          (20b) ``overall in length'' means--
                  (A) for a foreign vessel or a vessel engaged 
                on a foreign voyage, the greater of--
                          (i) 96 percent of the length on a 
                        waterline at 85 percent of the least 
                        molded depth measured from the top of 
                        the keel (or on a vessel designed with 
                        a rake of keel, on a waterline parallel 
                        to the designed waterline); or
                          (ii) the length from the fore side of 
                        the stem to the axis of the rudder 
                        stock on that waterline; and
                  (B) for any other vessel, the horizontal 
                distance of the hull between the foremost part 
                of the stem and the aftermost part of the 
                stern, excluding fittings and attachments.
          (21) ``passenger''--
                  (A) means an individual carried on the vessel 
                except--
                          (i) the owner or an individual 
                        representative of the owner or, in the 
                        case of a vessel under charter, an 
                        individual charterer or individual 
                        representative of the charterer;
                          (ii) the master; or
                          (iii) a member of the crew engaged in 
                        the business of the vessel who has not 
                        contributed consideration for carriage 
                        and who is paid for on board services;
                  (B) on an offshore supply vessel, means an 
                individual carried on the vessel except--
                          (i) an individual included in clause 
                        (i), (ii), or (iii) of subparagraph (A) 
                        of this paragraph;
                          (ii) an employee of the owner, or of 
                        a subcontractor to the owner, engaged 
                        in the business of the owner;
                          (iii) an employee of the charterer, 
                        or of a subcontractor to the charterer, 
                        engaged in the business of the 
                        charterer; or
                          (iv) an individual employed in a 
                        phase of exploration, exploitation, or 
                        production of offshore mineral or 
                        energy resources served by the vessel;
                  (C) on a fishing vessel, fish processing 
                vessel, or fish tender vessel, means an 
                individual carried on the vessel except--
                          (i) an individual included in clause 
                        (i), (ii), or (iii) of subparagraph (A) 
                        of this paragraph;
                          (ii) a managing operator;
                          (iii) an employee of the owner, or of 
                        a subcontractor to the owner, engaged 
                        in the business of the owner;
                          (iv) an employee of the charterer, or 
                        of a subcontractor to the charterer, 
                        engaged in the business of the 
                        charterer; or
                          (v) an observer or sea sampler on 
                        board the vessel pursuant to a 
                        requirement of State or Federal law; or
                  (D) on a sailing school vessel, means an 
                individual carried on the vessel except--
                          (i) an individual included in clause 
                        (i), (ii), or
                          (iii) of subparagraph (A) of this 
                        paragraph;
                          (ii) an employee of the owner of the 
                        vessel engaged in the business of the 
                        owner, except when the vessel is 
                        operating under a demise charter;
                          (iii) an employee of the demise 
                        charterer of the vessel engaged in the 
                        business of the demise charterer; or
                          (iv) a sailing school instructor or 
                        sailing school student.
                          (21a) ``passenger for hire'' means a 
                        passenger for whom consideration is 
                        contributed as a condition of carriage 
                        on the vessel, whether directly or 
                        indirectly flowing to the owner, 
                        charterer, operator, agent, or any 
                        other person having an interest in the 
                        vessel.
                          (22) ``passenger vessel'' means a 
                        vessel of at least 100 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--
                  (A) carrying more than 12 passengers, 
                including at least one passenger for hire;
                  (B) that is chartered and carrying more than 
                12 passengers;
                  (C) that is a submersible vessel carrying at 
                least one passenger for hire; or
                  (D) that is a ferry carrying a passenger.
          (23) ``product carrier'' means a tanker engaged in 
        the trade of carrying oil except crude oil.
          (24) ``public vessel'' means a vessel that--
                  (A) is owned, or demise chartered, and 
                operated by the United States Government or a 
                government of a foreign country; and
                  (B) is not engaged in commercial service.
          (25) ``recreational vessel'' means a vessel--
                  (A) being manufactured or operated primarily 
                for pleasure; or
                  (B) leased, rented, or chartered to another 
                for the latter's pleasure.
          (26) ``recreational vessel manufacturer'' means a 
        person engaged in the manufacturing, construction, 
        assembly, or importation of recreational vessels, 
        components, or associated equipment.
          (26a) ``riding gang member'' means an individual 
        who--
                  (A) has not been issued a merchant mariner 
                document under chapter 73; (B) does not 
                perform--
                          (i) watchstanding, automated engine 
                        room duty watch, or personnel safety 
                        functions; or
                          (ii) cargo handling functions, 
                        including any activity relating to the 
                        loading or unloading of cargo, the 
                        operation of cargo-related equipment 
                        (whether or not integral to the 
                        vessel), and the handling of mooring 
                        lines on the dock when the vessel is 
                        made fast or let go; (C) does not serve 
                        as part of the crew complement required 
                        under section 8101; (D) is not a member 
                        of the steward's department; and
                  (E) is not a citizen or temporary or 
                permanent resident of a country designated by 
                the United States as a sponsor of terrorism or 
                any other country that the Secretary, in 
                consultation with the Secretary of State and 
                the heads of other appropriate United States 
                agencies, determines to be a security threat to 
                the United States.
          (27) ``sailing instruction'' means teaching, 
        research, and practical experience in operating vessels 
        propelled primarily by sail and may include--
                  (A) any subject related to that operation and 
                to the sea, including seamanship, navigation, 
                oceanography, other nautical and marine 
                sciences, and maritime history and literature; 
                and
                  (B) only when in conjunction with a subject 
                referred to in subclause (A) of this clause, 
                instruction in mathematics and language arts 
                skills to sailing school students having 
                learning disabilities.
          (28) ``sailing school instructor'' means an 
        individual who is on board a sailing school vessel to 
        provide sailing instruction, but does not include an 
        operator or crewmember who is among those required to 
        be on board the vessel to meet a requirement 
        established under part F of this subtitle (29) 
        ``sailing school student'' means an individual who is 
        on board a sailing school vessel to receive sailing 
        instruction.
          (30) ``sailing school vessel'' means a vessel--
                  (A) that is less than 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;
                  (B) carrying more than 6 individuals who are 
                sailing school instructors or sailing school 
                students;
                  (C) principally equipped for propulsion by 
                sail, even if the vessel has an auxiliary means 
                of propulsion; and
                  (D) owned or demise chartered, and operated 
                by an organization described in section 
                501(c)(3) of the Internal Revenue Code of 1954 
                (26 U.S.C. 501(c)(3)) and exempt from tax under 
                section 501(a) of that Code, or by a State or 
                political subdivision of a State, during times 
                that the vessel is operated by the 
                organization, State, or political subdivision 
                only for sailing instruction.
          (31) ``scientific personnel'' means individuals on 
        board an oceanographic research vessel only to engage 
        in scientific research, or to instruct or receive 
        instruction in oceanography or limnology.
          (32) ``seagoing barge'' means a non-self-propelled 
        vessel of at least 100 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 making voyages beyond the Boundary Line.
          (33) ``seagoing motor vessel'' means a motor vessel 
        of at least 300 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 making 
        voyages beyond the Boundary Line.
          (34) ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating.
          (35) ``small passenger vessel'' means a wing-in-
        ground craft, regardless of tonnage, carrying at least 
        one passenger for hire, and a vessel of less than 100 
        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--
                  (A) carrying more than 6 passengers, 
                including at least one passenger for hire;
                  (B) that is chartered with the crew provided 
                or specified by the owner or the owner's 
                representative and carrying more than 6 
                passengers;
                  (C) that is chartered with no crew provided 
                or specified by the owner or the owner's 
                representative and carrying more than 12 
                passengers;
                  (D) that is a submersible vessel carrying at 
                least one passenger for hire; or
                  (E) that is a ferry carrying more than 6 
                passengers.
          (36) (37) ``steam vessel'' means a vessel propelled 
        in whole or in part by steam, except a recreational 
        vessel of not more than 40 feet in length.
          (37a) ``submersible vessel'' means a vessel that is 
        capable of operating below the surface of the water.
          (38) ``tanker'' means a self-propelled tank vessel 
        constructed or adapted primarily to carry oil or 
        hazardous material in bulk in the cargo spaces.
          (39) ``tank vessel'' means a vessel that is 
        constructed or adapted to carry, or that carries, oil 
        or hazardous material in bulk as cargo or cargo 
        residue, and that--
                  (A) is a vessel of the United States;
                  (B) operates on the navigable waters of the 
                United States; or
                  (C) transfers oil or hazardous material in a 
                port or place subject to the jurisdiction of 
                the United States.
          (40) ``towing vessel'' means a commercial vessel 
        engaged in or intending to engage in the service of 
        pulling, pushing, or hauling along side, or any 
        combination of pulling, pushing, or hauling along side.
          (41) [Repealed].
          (42) ``uninspected passenger vessel'' means an 
        uninspected vessel--
                  (A) of at least 100 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--
                          (i) carrying not more than 12 
                        passengers, including at least one 
                        passenger for hire; or
                          (ii) that is chartered with the crew 
                        provided or specified by the owner or 
                        the owner's representative and carrying 
                        not more than 12 passengers; and
                  (B) of less than 100 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--
                          (i) carrying not more than 6 
                        passengers, including at least one 
                        passenger for hire; or
                          (ii) that is chartered with the crew 
                        provided or specified by the owner or 
                        the owner's representative and carrying 
                        not more than 6 passengers.
          (43) ``uninspected vessel'' means a vessel not 
        subject to inspection under section 3301 of this title 
        that is not a recreational vessel.
          (44)--(46) [Repealed].
          (47) ``vessel of war'' means a vessel--
                  (A) belonging to the armed forces of a 
                country;
                  (B) bearing the external marks distinguishing 
                vessels of war of that country;
                  (C) under the command of an officer 
                commissioned by the government of that country 
                and whose name appears in the appropriate 
                service list or its equivalent; and
                  (D) staffed by a crew under regular armed 
                forces discipline.
          (48) ``wing-in-ground craft'' means a vessel that is 
        capable of operating completely above the surface of 
        the water on a dynamic air cushion created by 
        aerodynamic lift due to the ground effect between the 
        vessel and the water's surface.

                    SUBTITLE II. VESSELS AND SEAMEN

             PART G. MERCHANT SEAMEN PROTECTION AND RELIEF

CHAPTER 103. FOREIGN AND INTERCOASTAL VOYAGES

           *       *       *       *       *       *       *


Sec. 10313. Wages

  (a) A seaman's entitlement to wages and provisions begins 
when the seaman begins work or when specified in the agreement 
required by section 10302 of this title for the seaman to begin 
work or be present on board, whichever is earlier.
  (b) Wages are not dependent on the earning of freight by the 
vessel. When the loss or wreck of the vessel ends the service 
of a seaman before the end of the period contemplated in the 
agreement, the seaman is entitled to wages for the period of 
time actually served. The seaman shall be deemed a destitute 
seaman under section 11104 of this title. This subsection 
applies to a fishing or whaling vessel but not a yacht.
  (c) When a seaman who has signed an agreement is discharged 
improperly before the beginning of the voyage or before one 
month's wages are earned, without the seaman's consent and 
without the seaman's fault justifying discharge, the seaman is 
entitled to receive from the master or owner, in addition to 
wages earned, one month's wages as compensation.
  (d) A seaman is not entitled to wages for a period during 
which the seaman--
          (1) unlawfully failed to work when required, after 
        the time fixed by the agreement for the seaman to begin 
        work; or
          (2) lawfully was imprisoned for an offense, unless a 
        court hearing the case otherwise directs.
  (e) After the beginning of the voyage, a seaman is entitled 
to receive from the master, on demand, one-half of the balance 
of wages earned and unpaid at each port at which the vessel 
loads or delivers cargo during the voyage. A demand may not be 
made before the expiration of 5 days from the beginning of the 
voyage, not more than once in 5 days, and not more than once in 
the same port on the same entry. If a master does not comply 
with this subsection, the seaman is released from the agreement 
and is entitled to payment of all wages earned. Notwithstanding 
a release signed by a seaman under section 10312 of this title, 
a court having jurisdiction may set aside, for good cause 
shown, the release and take action that justice requires. This 
subsection does not apply to a fishing or whaling vessel or a 
yacht.
  (f) At the end of a voyage, the master shall pay each seaman 
the balance of wages due the seaman within 24 hours after the 
cargo has been discharged or within 4 days after the seaman is 
discharged, whichever is earlier. When a seaman is discharged 
and final payment of wages is delayed for the period permitted 
by this subsection, the seaman is entitled at the time of 
discharge to one-third of the wages due the seaman.
  (g) When payment is not made as provided under subsection (f) 
of this section without sufficient cause, the master or owner 
shall pay to the seaman 2 days' wages for each day payment is 
delayed.
  (h) Subsections (f) and (g) of this section do not apply to a 
fishing or whaling vessel or a yacht.
  (i) This section applies to a seaman on a foreign vessel when 
in a harbor of the United States. The courts are available to 
the seaman for the enforcement of this section.
  (j) Class Action Suit for Wages.--A class action suit by 
seamen employed on a passenger vessel capable of carrying more 
than 500 passengers for wages under this section may not be 
commenced more than 3 years after the date of the end of the 
last voyage for which wages are claimed.

           *       *       *       *       *       *       *


Sec. 10315. Allotments

  (a) Under prescribed regulations, a seaman may stipulate as 
follows in the agreement required by section 10302 of this 
title for an allotment of any part of the wages the seaman may 
earn:
          (1) to the seaman's grandparents, parents, spouse, 
        sister, brother, or children;
          (2) to an agency designated by the Secretary of the 
        Treasury to handle applications for United States 
        savings bonds, to purchase bonds for the seaman; and
          (3) for deposits to be made in an account for savings 
        or investment opened by the seaman and maintained in 
        the seaman's name at a savings bank or a savings 
        institution in which the accounts are insured by the 
        Federal Deposit Insurance Corporation or the Federal 
        Savings and Loan Insurance Corporation.
  (b) An allotment is valid only if made in writing and signed 
by and approved by a shipping commissioner. The shipping 
commissioner shall examine allotments and the parties to them 
to enforce compliance with the law. Stipulations for allotments 
made at the beginning of a voyage shall be included in the 
agreement and shall state the amounts and times of payment and 
the person to whom payments are to be made.
  (c) Only an allotment complying with this section is lawful. 
A person falsely claiming qualification as an allottee under 
this section is liable to the United States Government for a 
civil penalty of not more than $500.
  (d) The owner, charterer, managing operator, agent, or master 
of a vessel seeking clearance from a port of the United States 
shall present the agreement at the office of clearance. 
Clearance may be granted to a vessel only if this section has 
been complied with.
  (e) This section applies to a foreign vessel when in waters 
of the United States. An owner, charterer, managing operator, 
agent, or master of a foreign vessel violating this section is 
liable to the Government for the same penalty as an owner, 
charterer, managing operator, agent, or master of a vessel of 
the United States for the same violation.
  (f) Deposits in Seaman Account.--A seaman employed on a 
passenger vessel capable of carrying more than 500 passengers 
may authorize, by written request signed by the seaman, the 
master, owner, or operator of the vessel, or the employer of 
the seaman, to make deposits of wages of the seaman into a 
checking, savings, investment, or retirement account, or other 
account to secure a payroll or debit card for the seaman if--
          (1) the wages designated by the seaman for such 
        deposit are deposited in a United States or 
        international financial institution designated by the 
        seaman;
          (2) such deposits in the financial institution are 
        fully guaranteed under commonly accepted international 
        standards by the government of the country in which the 
        financial institution is licensed;
          (3) a written wage statement or pay stub, including 
        an accounting of any direct deposit, is delivered to 
        the seaman no less often than monthly; and
          (4) while on board the vessel on which the seaman is 
        employed, the seaman is able to arrange for withdrawal 
        of all funds on deposit in the account in which the 
        wages are deposited.

                    SUBTITLE III. MARITIME LIABILITY

         CHAPTER 313. COMMERCIAL INSTRUMENTS AND MARITIME LIENS

                         SUBCHAPTER I. GENERAL

Sec. 31301. Definitions

  In this chapter--
          (1) ``acknowledge'' means making--
                  (A) an acknowledgment or notarization before 
                a notary public or other official authorized by 
                a law of the United States or a State to take 
                acknowledgments of deeds; or
                  (B) a certificate issued under the Hague 
                Convention Abolishing the Requirement of 
                Legalisation for Foreign Public Documents, 
                1961;
          (2) ``district court'' means--
                  (A) a district court of the United States (as 
                defined in section 451 of title 28);
                  (B) the District Court of Guam;
                  (C) the District Court of the Virgin Islands;
                  (D) the District Court for the Northern 
                Mariana Islands;
                  (E) the High Court of American Samoa; and
                  (F) any other court of original jurisdiction 
                of a territory or possession of the United 
                States;
          (3) ``mortgagee'' means--
                  (A) a person to whom property is mortgaged; 
                or
                  (B) when a mortgage on a vessel involves a 
                trust, the trustee that is designated in the 
                trust agreement;
          (4) ``necessaries'' includes repairs, supplies, 
        towage, and the use of a dry dock or marine railway;
          (5) ``preferred maritime lien'' means a maritime lien 
        on a vessel--
                  (A) arising before a preferred mortgage was 
                filed under section 31321 of this title;
                  (B) for damage arising out of maritime tort;
                  (C) for wages of a stevedore when employed 
                directly by a person listed in section 31341 of 
                this title;
                  (D) for wages of the crew of the vessel;
                  (E) for general average; or
                  (F) for salvage, including contract salvage; 
                [and]
          (6) ``preferred mortgage''--
                  (A) means a mortgage that is a preferred 
                mortgage under section 31322 of this title; and
                  (B) also means in sections 31325 and 31326 of 
                this title, a mortgage, hypothecation, or 
                similar charge that is established as a 
                security on a foreign vessel if the mortgage, 
                hypothecation, or similar charge was executed 
                under the laws of the foreign country under 
                whose laws the ownership of the vessel is 
                documented and has been registered under those 
                laws in a public register at the port of 
                registry of the vessel or at a central 
                [office.] office; and
          (7) ``Secretary'' means the Secretary of the 
        Department of Homeland Security, unless otherwise 
        noted.

Sec. 31302. Availability of instruments, copies, and information The 
                    Secretary [of Transportation] shall--

          (1) make any instrument filed or recorded with the 
        Secretary under this chapter available for public 
        inspection;
          (2) on request, provide a copy, including a certified 
        copy, of any instrument made available for public 
        inspection under this chapter; and
          (3) on request, provide a certificate containing 
        information included in an instrument filed or recorded 
        under this chapter.

Sec. 31306. Declaration of citizenship

  (a) Except as provided by the Secretary [of Transportation], 
when an instrument transferring an interest in a vessel is 
presented to the Secretary [of Transportation] for filing or 
recording, the transferee shall file with the instrument a 
declaration, in the form the Secretary may prescribe by 
regulation, stating information about citizenship and other 
information the Secretary may require to show the transaction 
involved does not violate section 56102 or 56103 of this title.
  (b) A declaration under this section filed by a corporation 
must be signed by its president, secretary, treasurer, or other 
official authorized by the corporation to execute the 
declaration.
  (c) Except as provided by the Secretary, an instrument 
transferring an interest in a vessel is not valid against any 
person until the declaration required by this section has been 
filed.
  (d) A person knowingly making a false statement of a material 
fact in a declaration filed under this section shall be fined 
under title 18, imprisoned for not more than 5 years, or both.

Sec. 31308. Secretary of Commerce or Transportation as mortgagee

  When the Secretary of Commerce or Transportation is a 
mortgagee under this chapter, the Secretary] The Secretary of 
Commerce or Transportation, as a mortgagee under this chapter, 
may foreclose on a lien arising from a right established under 
a mortgage under chapter 537 of this title, subject to section 
362(b) of title 11.

           *       *       *       *       *       *       *


Sec. 31310. Limitation on maritime liens on fishing permits

  (a) In General.--A maritime lien shall not attach to a permit 
that--
          (1) authorizes use of a vessel to engage in fishing; 
        and
          (2) is issued under State or Federal law.
  (b) Limitation on Enforcement.--No civil action may be 
brought to enforce a maritime lien on a permit described in 
subsection (a).
  (c) Limitation on Statutory Construction.--Nothing in 
subsections (a) and (b) shall be construed as imposing any 
limitation upon the authority of the Secretary of Commerce to 
modify, suspend, revoke, or sanction any Federal fishery permit 
issued by the Secretary of Commerce or to bring a civil action 
to enforce such modification, suspension, revocation, or 
sanction.

                 SUBCHAPTER II. COMMERCIAL INSTRUMENTS

Sec. 31321. Filing, recording, and discharge

  (a)(1) A bill of sale, conveyance, mortgage, assignment, or 
related instrument, whenever made, that includes any part of a 
documented vessel or a vessel for which an application for 
documentation is filed, must be filed with the Secretary [of 
Transportation] to be valid, to the extent the vessel is 
involved, against any person except--
          (A) the grantor, mortgagor, or assignor;
          (B) the heir or devisee of the grantor, mortgagor, or 
        assignor; and
          (C) a person having actual notice of the sale, 
        conveyance, mortgage, assignment, or related 
        instrument.
  (2) Each bill of sale, conveyance, mortgage, assignment, or 
related instrument that is filed in substantial compliance with 
this section is valid against any person from the time it is 
filed with the Secretary.
  (3) The parties to an instrument or an application for 
documentation shall use diligence to ensure that the parts of 
the instrument or application for which they are responsible 
are in substantial compliance with the filing and documentation 
requirements.
  (4) A bill of sale, conveyance, mortgage, assignment, or 
related instrument may be filed electronically under 
regulations prescribed by the Secretary.
  (b) To be filed, a bill of sale, conveyance, mortgage, 
assignment, or related instrument must--
          (1) identify the vessel;
          (2) state the name and address of each party to the 
        instrument;
          (3) state, if a mortgage, the amount of the direct or 
        contingent obligations (in one or more units of account 
        as agreed to by the parties) that is or may become 
        secured by the mortgage, excluding interest, expenses, 
        and fees;
          (4) state the interest of the grantor, mortgagor, or 
        assignor in the vessel;
          (5) state the interest sold, conveyed, mortgaged, or 
        assigned; and
          (6) be signed and acknowledged.
  (c) If a bill of sale, conveyance, mortgage, assignment, or 
related document is filed that involves a vessel for which an 
application for documentation is filed, and the Secretary 
decides that the vessel cannot be documented by an applicant--
          (1) the Secretary shall send notice of the 
        Secretary's decision, including reasons for the 
        decision, to each interested party to the instrument 
        filed for recording; and
          (2) 90 days after sending the notice as provided 
        under clause (1) of this subsection, the Secretary--
                  (A) may terminate the filing; and
                  (B) may return the instrument filed without 
                recording it under subsection (e) of this 
                section.
  (d) A person may withdraw an application for documentation of 
a vessel for which a mortgage has been filed under this section 
only if the mortgagee consents.
  (e) The Secretary shall--
          (1) record the bills of sale, conveyances, mortgages, 
        assignments, and related instruments of a documented 
        vessel complying with subsection (b) of this section in 
        the order they are filed; and
          (2) maintain appropriate indexes, for use by the 
        public, of instruments filed or recorded, or both.
  (f) On full and final discharge of the indebtedness under a 
mortgage recorded under subsection (e)(1) of this section, a 
mortgagee, on request of the Secretary or mortgagor, shall 
provide the Secretary with an acknowledged certificate of 
discharge of the indebtedness in a form prescribed by the 
Secretary. The Secretary shall record the certificate.
  (g) The mortgage or related instrument of a vessel covered by 
a preferred mortgage under section 31322(d) of this title, that 
is later filed under this section at the time an application 
for documentation is filed, is valid under this section from 
the time the mortgage or instrument representing financing 
became a preferred mortgage under section 31322(d).
  (h) On full and final discharge of the indebtedness under a 
mortgage deemed to be a preferred mortgage under section 
31322(d) of this title, a mortgagee, on request of the 
Secretary, a State, or mortgagor, shall provide the Secretary 
or the State, as appropriate, with an acknowledged certificate 
of discharge of the indebtedness in a form prescribed by the 
Secretary or the State, as applicable. If filed with the 
Secretary, the Secretary shall enter that information in the 
vessel identification system under chapter 125 of this title.

Sec. 31329. Court sales of documented vessels

  (a) A documented vessel may be sold by order of a district 
court only to--
          (1) a person eligible to own a documented vessel 
        under section 12103 of this title; or
          (2) a mortgagee of that vessel.
  (b) When a vessel is sold to a mortgagee not eligible to own 
a documented vessel--
          (1) the vessel must be held by the mortgagee for 
        resale;
          (2) the vessel held by the mortgagee is subject to 
        chapter 563 of this title; and
          (3) the sale of the vessel to the mortgagee is not a 
        sale to a person not a citizen of the United States 
        under section 12132 of this title.
  (c) Unless waived by the Secretary [of Transportation], a 
person purchasing a vessel by court order under subsection 
(a)(1) of this section or from a mortgagee under subsection 
(a)(2) of this section must document the vessel under chapter 
121 of this title.
  (d) The vessel may be operated by the mortgagee not eligible 
to own a documented vessel only with the approval of the 
[Secretary.] Secretary of Transportation.
  (e) A sale of a vessel contrary to this section is void.
  (f) This section does not apply to a documented vessel that 
has been operated only for pleasure.

Sec. 31330. Penalties

  (a)(1) A mortgagor shall be fined under title 18, imprisoned 
for not more than 2 years, or both, if the mortgagor--
          (A) with intent to defraud, does not disclose an 
        obligation on a vessel as required by section 31323(a) 
        of this title;
          (B) with intent to defraud, incurs a contractual 
        obligation in violation of section 31323(b) of this 
        title; or
          (C) with intent to hinder or defraud an existing or 
        future creditor of the mortgagor or a lienor of the 
        vessel, files a mortgage with the Secretary [of 
        Transportation; or] Transportation.
          [(D) with intent to defraud, does not comply with 
        section 31321(h) of this title.]
  (2) A mortgagor is liable to the United States Government for 
a civil penalty of not more than $10,000 if the mortgagor--
          (A) does not disclose an obligation on a vessel as 
        required by section 31323(a) of this title;
          (B) incurs a contractual obligation in violation of 
        section 31323(b) of this title; or
          (C) files with the Secretary a mortgage made not in 
        good [faith; or] faith.
          [(D) does not comply with section 31321(h) of this 
        title.]
  (b)(1) A person that knowingly violates section 31329 of this 
title shall be fined under title 18, imprisoned for not more 
than 3 years, or both.
  (2) A person violating section 31329 of this title is liable 
to the Government for a civil penalty of not more than $25,000.
          (3) A vessel involved in a violation under section 
        31329 of this title and its equipment may be seized by, 
        and forfeited to, the Government.
  (c) If a person not an individual violates this section, the 
president or chief executive of the person also is subject to 
any penalty provided under this section.

                     SUBCHAPTER III. MARITIME LIENS

Sec. 31343. Recording and discharging notices of claim of maritime lien

  (a) Except as provided under subsection (d) of this section, 
a person claiming a lien on a vessel documented, or for which 
an application for documentation has been filed, under chapter 
121 may record with the Secretary [of Transportation] a notice 
of that person's lien claim on the vessel. To be recordable, 
the notice must--
          (1) state the nature of the lien;
          (2) state the date the lien was established;
          (3) state the amount of the lien;
          (4) state the name and address of the person; and
          (5) be signed and acknowledged.
  (b)(1) The Secretary shall record a notice complying with 
subsection (a) of this section if, when the notice is presented 
to the Secretary for recording, the person having the claim 
files with the notice a declaration stating the following:
          (A) The information in the notice is true and correct 
        to the best of the knowledge, information, and belief 
        of the individual who signed it.
          (B) A copy of the notice, as presented for 
        recordation, has been sent to each of the following:
                  (i) The owner of the vessel.
                  (ii) Each person that recorded under 
                subsection (a) of this section an unexpired 
                notice of a claim of an undischarged lien on 
                the vessel.
                  (iii) The mortgagee of each mortgage filed or 
                recorded under section 31321 of this title that 
                is an undischarged mortgage on the vessel.
  (2) A declaration under this subsection filed by a person 
that is not an individual must be signed by the president, 
member, partner, trustee, or other individual authorized to 
execute the declaration on behalf of the person.
  (c)(1) On full and final discharge of the indebtedness that 
is the basis for a notice of claim of lien recorded under 
subsection (b) of this section, the person having the claim 
shall provide the Secretary with an acknowledged certificate of 
discharge of the indebtedness. The Secretary shall record the 
certificate.
  (2) The district courts of the United States shall have 
jurisdiction over a civil action in Admiralty to declare that a 
vessel is not subject to a lien claimed under subsection (b) of 
this section, or that the vessel is not subject to the notice 
of claim of lien, or both, regardless of the amount in 
controversy or the citizenship of the parties. Venue in such an 
action shall be in the district where the vessel is found or 
where the claimant resides or where the notice of claim of lien 
is recorded. The court may award costs and attorneys fees to 
the prevailing party, unless the court finds that the position 
of the other party was substantially justified or other 
circumstances make an award of costs and attorneys fees unjust. 
The Secretary shall record any such declaratory order.
  (d) A person claiming a lien on a vessel covered by a 
preferred mortgage under section 31322(d) of this title must 
record and discharge the lien as provided by the law of the 
State in which the vessel is titled.
  (e) A notice of claim of lien recorded under subsection (b) 
of this section shall expire 3 years after the date the lien 
was established, as such date is stated in the notice under 
subsection (a) of this section.
  (f) This section does not alter in any respect the law 
pertaining to the establishment of a maritime lien, the remedy 
provided by such a lien, or the defenses thereto, including any 
defense under the doctrine of laches.

              SUBTITLE VII. SECURITY AND DRUG ENFORCEMENT

CHAPTER 701. PORT SECURITY

           *       *       *       *       *       *       *


Sec. 70103. Maritime transportation security plans

  (a) National Maritime Transportation Security Plan.--(1) Not 
later than April 1, 2005, the Secretary shall prepare a 
National Maritime Transportation Security Plan for deterring 
and responding to a transportation security incident.
  (2) The National Maritime Transportation Security Plan shall 
provide for efficient, coordinated, and effective action to 
deter and minimize damage from a transportation security 
incident, and shall include the following:
          (A) Assignment of duties and responsibilities among 
        Federal departments and agencies and coordination with 
        State and local governmental agencies.
          (B) Identification of security resources.
          (C) Procedures and techniques to be employed in 
        deterring a national transportation security incident.
          (D) Establishment of procedures for the coordination 
        of activities of--
                  (i) Coast Guard maritime security teams 
                established under this chapter; and
                  (ii) Federal Maritime Security Coordinators 
                required under this chapter.
          (E) A system of surveillance and notice designed to 
        safeguard against as well as ensure earliest possible 
        notice of a transportation security incident and 
        imminent threats of such a security incident to the 
        appropriate State and Federal agencies.
          (F) Establishment of criteria and procedures to 
        ensure immediate and effective Federal identification 
        of a transportation security incident, or the 
        substantial threat of such a security incident.
          (G) Designation of--
                  (i) areas for which Area Maritime 
                Transportation Security Plans are required to 
                be prepared under subsection (b); and
                  (ii) a Coast Guard official who shall be the 
                Federal Maritime Security Coordinator for each 
                such area.
          (H) A risk-based system for evaluating the potential 
        for violations of security zones designated by the 
        Secretary on the waters subject to the jurisdiction of 
        the United States.
          (I) A recognition of certified systems of intermodal 
        transportation.
          (J) A plan for ensuring that the flow of cargo 
        through United States ports is reestablished as 
        efficiently and quickly as possible after a 
        transportation security incident.
  (3) The Secretary shall, as the Secretary considers 
advisable, revise or otherwise amend the National Maritime 
Transportation Security Plan.
  (4) Actions by Federal agencies to deter and minimize damage 
from a transportation security incident shall, to the greatest 
extent possible, be in accordance with the National Maritime 
Transportation Security Plan.
  (5) The Secretary shall inform vessel and facility owners or 
operators of the provisions in the National Transportation 
Security Plan that the Secretary considers necessary for 
security purposes.
  (b) Area Maritime Transportation Security Plans.--(1) The 
Federal Maritime Security Coordinator designated under 
subsection (a)(2)(G) for an area shall--
          (A) submit to the Secretary an Area Maritime 
        Transportation Security Plan for the area; and
          (B) solicit advice from the Area Security Advisory 
        Committee required under this chapter, for the area to 
        assure preplanning of joint deterrence efforts, 
        including appropriate procedures for deterrence of a 
        transportation security incident.
  (2) The Area Maritime Transportation Security Plan for an 
area shall--
          (A) when implemented in conjunction with the National 
        Maritime Transportation Security Plan, be adequate to 
        deter a transportation security incident in or near the 
        area to the maximum extent practicable;
          (B) describe the area and infrastructure covered by 
        the plan, including the areas of population or special 
        economic, environmental, or national security 
        importance that might be damaged by a transportation 
        security incident;
          (C) describe in detail how the plan is integrated 
        with other Area Maritime Transportation Security Plans, 
        and with facility security plans and vessel security 
        plans under this section;
          (D) include consultation and coordination with the 
        Department of Defense on matters relating to Department 
        of Defense facilities and vessels;
          (E) establish regional response and recovery 
        protocols to prepare for, respond to, mitigate against, 
        and recover from a transportation security incident 
        consistent with section 202 of the Security and 
        Accountability for Every Port Act of 2006 (6 U.S.C. 
        942) and section 70103(a) of title 46, United States 
        Code;
          [(E)] (F) include any other information the Secretary 
        requires;
          [(F)] (G) include a salvage response plan--
                  (i) to identify salvage equipment capable of 
                restoring operational trade capacity; and
                  (ii) to ensure that the waterways are cleared 
                and the flow of commerce through United States 
                ports is reestablished as efficiently and 
                quickly as possible after a maritime 
                transportation security incident; and
          [(G)] (H) be updated at least every 5 years by the 
        Federal Maritime Security Coordinator.
  (3) The Secretary shall--
          (A) review and approve Area Maritime Transportation 
        Security Plans under this subsection; and
          (B) periodically review previously approved Area 
        Maritime Transportation Security Plans.
  (4) In security zones designated by the Secretary in each 
Area Maritime Transportation Security Plan, the Secretary shall 
consider--
          (A) the use of public/private partnerships to enforce 
        security within the security zones, shoreside 
        protection alternatives, and the environmental, public 
        safety, and relative effectiveness of such 
        alternatives; and
          (B) technological means of enhancing the security 
        zones of port, territorial waters, and waterways of the 
        United States.
  (c) Vessel and Facility Security Plans.--(1) Within 6 months 
after the prescription of interim final regulations on vessel 
and facility security plans, an owner or operator of a vessel 
or facility described in paragraph (2) shall prepare and submit 
to the Secretary a security plan for the vessel or facility, 
for deterring a transportation security incident to the maximum 
extent practicable.
  (2) The vessels and facilities referred to in paragraph (1)--
          (A) except as provided in subparagraph (B), are 
        vessels and facilities that the Secretary believes may 
        be involved in a transportation security incident; and
          (B) do not include any vessel or facility owned or 
        operated by the Department of Defense.
  (3) A security plan required under this subsection shall--
          (A) be consistent with the requirements of the 
        National Maritime Transportation Security Plan and Area 
        Maritime Transportation Security Plans;
          (B) identify the qualified individual having full 
        authority to implement security actions, and require 
        immediate communications between that individual and 
        the appropriate Federal official and the persons 
        providing personnel and equipment pursuant to 
        subparagraph (C);
          (C) include provisions for--
                  (i) establishing and maintaining physical 
                security, passenger and cargo security, and 
                personnel security;
                  (ii) establishing and controlling access to 
                secure areas of the vessel or facility, 
                including access by persons engaged in the 
                surface transportation of intermodal containers 
                in or out of a port facility;
                  (iii) procedural security policies;
                  (iv) communications systems; and
                  (v) other security systems;
          (D) identify, and ensure by contract or other means 
        approved by the Secretary, the availability of security 
        measures necessary to deter to the maximum extent 
        practicable a transportation security incident or a 
        substantial threat of such a security incident;
          (E) describe the training, periodic unannounced 
        drills, and security actions of persons on the vessel 
        or at the facility, to be carried out under the plan to 
        deter to the maximum extent practicable a 
        transportation security incident, or a substantial 
        threat of such a security incident;
          (F) provide a strategy and timeline for conducting 
        training and periodic unannounced drills;
          (G) be updated at least every 5 years;
          (H) be resubmitted for approval of each change to the 
        vessel or facility that may substantially affect the 
        security of the vessel or facility; and
          (I) in the case of a security plan for a facility, be 
        resubmitted for approval of each change in the 
        ownership or operator of the facility that may 
        substantially affect the security of the facility.
  (4) The Secretary shall--
          (A) promptly review each such plan;
          (B) require amendments to any plan that does not meet 
        the requirements of this subsection;
          (C) approve any plan that meets the requirements of 
        this subsection; and
          (D) subject to the availability of appropriations, 
        verify the effectiveness of each such facility security 
        plan periodically, but not less than twice annually, at 
        least 1 of which shall be an inspection of the facility 
        that is conducted without notice to the facility.
  (5) A vessel or facility for which a plan is required to be 
submitted under this subsection may not operate after the end 
of the 12-month period beginning on the date of the 
prescription of interim final regulations on vessel and 
facility security plans, unless--
          (A) the plan has been approved by the Secretary; and
          (B) the vessel or facility is operating in compliance 
        with the plan.
  (6) Notwithstanding paragraph (5), the Secretary may 
authorize a vessel or facility to operate without a security 
plan approved under this subsection, until not later than 1 
year after the date of the submission to the Secretary of a 
plan for the vessel or facility, if the owner or operator of 
the vessel or facility certifies that the owner or operator has 
ensured by contract or other means approved by the Secretary to 
deter to the maximum extent practicable a transportation 
security incident or a substantial threat of such a security 
incident.
  (7) The Secretary shall require each owner or operator of a 
vessel or facility located within or adjacent to waters subject 
to the jurisdiction of the United States to implement any 
necessary interim security measures, including cargo security 
programs, to deter to the maximum extent practicable a 
transportation security incident until the security plan for 
that vessel or facility operator is approved.
  (8)(A) The Secretary shall require that the qualified 
individual having full authority to implement security actions 
for a facility described in paragraph (2) shall be a citizen of 
the United States.
  (B) The Secretary may waive the requirement of subparagraph 
(A) with respect to an individual if the Secretary determines 
that it is appropriate to do so based on a complete background 
check of the individual and a review of all terrorist watch 
lists to ensure that the individual is not identified on any 
such terrorist watch list.
  (d) Nondisclosure of Information.--Notwithstanding any other 
provision of law, information developed under this chapter is 
not required to be disclosed to the public, including--
          (1) facility security plans, vessel security plans, 
        and port vulnerability assessments; and
          (2) other information related to security plans, 
        procedures, or programs for vessels or facilities 
        authorized under this chapter.

Sec. 70107A. Interagency operational centers for port security

  (a) In General.--The Secretary shall establish interagency 
operational centers for port security at all high-priority 
ports not later than 3 years after the date of the enactment of 
the SAFE Port Act.
  (b) Characteristics.--The interagency operational centers 
established under this section shall--
          (1) utilize, as appropriate, the compositional and 
        operational characteristics of centers, including--
                  (A) the pilot project interagency operational 
                centers for port security in Miami, Florida; 
                Norfolk/Hampton Roads, Virginia; Charleston, 
                South Carolina; and San Diego, California; and
                  (B) the virtual operation center of the Port 
                of New York and New Jersey;
          (2) be organized to fit the security needs, 
        requirements, and resources of the individual port area 
        at which each is operating;
          (3) in addition to the Coast Guard, provide, as the 
        Secretary determines appropriate, for participation by 
        representatives of the United States Customs and Border 
        Protection, the United states Immigration and Customs 
        Enforcement, the Transportation Security 
        Administration, the Department of Justice, the 
        Department of Defense, and other Federal agencies, 
        State and local law enforcement or port security 
        personnel, members of the Area Maritime Security 
        Committee, and other public and private sector 
        stakeholders adversely affected by a transportation 
        security incident or transportation disruption; and
          (4) be incorporated in the implementation and 
        administration of--
                  (A) maritime transportation security plans 
                developed under section 70103;
                  (B) maritime intelligence activities under 
                section 70113 and information sharing 
                activities consistent with section 1016 of the 
                National Security Intelligence Reform Act of 
                2004 (6 U.S.C. 485) and the Homeland Security 
                Information Sharing Act (6 U.S.C. 481 et seq.);
                  (C) short- and long-range vessel tracking 
                under sections 70114 and 70115;
                  (D) protocols under section 201(b)(10) of the 
                SAFE Port Act;
                  (E) the transportation security incident 
                response plans required by section 70104; and
                  (F) other activities, as determined by the 
                Secretary.
  (c) Security Clearances.--The Secretary shall sponsor and 
expedite individuals participating in interagency operational 
centers in gaining or maintaining their security clearances. 
Through the Captain of the Port, the Secretary may identify key 
individuals who should participate. The port or other entities 
may appeal to the Captain of the Port for sponsorship.
  (d) Security Incidents.--during a transportation security 
incident on or adjacent to waters subject to the jurisdiction 
of the United States, the Coast Guard Captain of the Port 
designated by the Commandant of the Coast Guard in a maritime 
security command center described in subsection (a) shall act 
as the incident commander, unless otherwise directed by the 
President.
  (e) Deployment of Interoperable Communications Equipment at 
Interagency Operational Centers.--
          (1) In general.--The Secretary shall ensure that 
        interoperable communications technology is deployed at 
        all interagency operational centers established under 
        subsection (a).
          (2) Considerations.--In carrying out paragraph (1), 
        the Secretary shall consider the continuing 
        technological evolution of communications technologies 
        and devices, with its implicit risk of obsolescence, 
        and shall ensure, to the maximum extent feasible, that 
        a substantial part of the technology deployed involves 
        prenegotiated contracts and other arrangements for 
        rapid deployment of equipment, supplies, and systems 
        rather than the warehousing or storage of equipment and 
        supplies currently available at the time the technology 
        is deployed.
          (3) Requirements and characteristics.--The 
        interoperable communications technology deployed under 
        paragraph (1) shall--
                  (A) be capable of re-establishing 
                communications when existing infrastructure is 
                damaged or destroyed in an emergency or a major 
                disaster;
                  (B) include appropriate current, widely-used 
                equipment, such as Land Mobile Radio Systems, 
                cellular telephones and satellite equipment, 
                Cells-On-Wheels, Cells-On-Light-Trucks, or 
                other self-contained mobile cell sites that can 
                be towed, backup batteries, generators, fuel, 
                and computers;
                  (C) include contracts (including 
                prenegotiated contracts) for rapid delivery of 
                the most current technology available from 
                commercial sources;
                  (D) include arrangements for training to 
                ensure that personnel are familiar with the 
                operation of the equipment and devices to be 
                delivered pursuant to such contracts; and
                  (E) be utilized as appropriate during live 
                area exercises conducted by the United States 
                Coast Guard.
          (4) Additional characteristics.--Portions of the 
        communications technology deployed under paragraph (1) 
        may be virtual and may include items donated on an in-
        kind contribution basis.
          (5) Rule of construction.--Nothing in this subsection 
        shall be construed or interpreted to preclude the use 
        of funds under this section by the Secretary for 
        interim or long-term Internet Protocol-based 
        interoperable solutions, notwithstanding compliance 
        with the Project 25 standard.
  [(e)] (f) Rule of Construction.--Nothing in this section 
shall be construed to affect the normal command and control 
procedures for operational entities in the Department, unless 
so directed by the Secretary.
  [(f)] (g) Authorization of Appropriations.--There are 
authorized to be appropriated $60,000,000 for each of the 
fiscal years 2007 through 2012 to carry out this section.

Sec. 70109A. International committee for the safe and secure 
                    transportation of especially hazardous cargo

  (a) In General.--The Secretary, in consultation with the 
Secretary of State and other appropriate entities, shall, in a 
manner consistent with international treaties, conventions, and 
agreements to which the United States is a party, establish a 
committee within the International Maritime Organization that 
includes representatives of United States trading partners that 
supply tank, bulk, or break-bulk vessel shipments of especially 
hazardous cargo to the United States.
  (b) Safe and Secure Loading, Unloading, and Transportation of 
Especially Hazardous Cargoes.--In carrying out this section, 
the Secretary, in cooperation with the International Maritime 
Organization and in consultation with the International 
Standards Organization and shipping industry stakeholders, 
shall develop protocols, procedures, standards, and 
requirements for receiving, handling, loading, unloading, 
vessel crewing, and transportation of especially hazardous 
cargo to promote the safe and secure operation of ports, 
facilities, and vessels that transport especially hazardous 
cargo to the United States.
  (c) Deadlines.--The Secretary shall--
          (1) initiate the development of the committee within 
        180 days after the date of enactment of the Maritime 
        Hazardous Cargo Security Act; and
          (2) endeavor to have the protocols, procedures, 
        standards, and requirements developed by the committee 
        take effect within 3 years after the date of enactment 
        of that Act.
  (d) Reports.--The Secretary shall report annually to the 
Senate Committee on Commerce, Science, and Transportation, the 
House of Representatives Committee on Transportation and 
Infrastructure, and the House of Representatives Committee on 
Homeland Security on the development, implementation, and 
administration of the protocols, procedures, standards, and 
requirements developed by the committee established under 
subsection (a).

           *       *       *       *       *       *       *


Sec. 70110. Actions and assistance for foreign ports or facilities and 
                    United States territories

  (a) In General.--If the Secretary finds that a foreign port 
or facility does not maintain effective antiterrorism measures, 
the Secretary--
          (1) may prescribe conditions of entry into the United 
        States for any vessel arriving from that port or 
        facility, or any vessel carrying cargo or passengers 
        originating from or transshipped through that port or 
        facility;
          (2) may deny entry into the United States to any 
        vessel that does not meet such conditions; and
          (3) shall provide public notice for passengers of the 
        ineffective antiterrorism measures.
  (b) Effective Date for Sanctions.--Any action taken by the 
Secretary under subsection (a) for a particular port or 
facility shall take effect--
          (1) 90 days after the government of the foreign 
        country with jurisdiction over or control of that port 
        or facility is notified under section 70109 unless the 
        Secretary finds that the government has brought the 
        antiterrorism measures at the port or facility up to 
        the security level the Secretary used in making an 
        assessment under section 70108 before the end of that 
        90-day period; or
          (2) immediately upon the finding of the Secretary 
        under subsection (a) if the Secretary finds, after 
        consulting with the Secretary of State, that a 
        condition exists that threatens the safety or security 
        of passengers, vessels, or crew traveling to or from 
        the port or facility.
  (c) State Department To Be Notified.--The Secretary 
immediately shall notify the Secretary of State of a finding 
that a port or facility does not maintain effective 
antiterrorism measures.
  (d) Action Canceled.--An action required under this section 
is no longer required if the Secretary decides that effective 
antiterrorism measures are maintained at the port or facility.
  (e) Assistance for Foreign [Ports]  or facility and United 
States Territories.--
          (1) In general.--The Secretary, in consultation with 
        the Secretary of Transportation, the Secretary of 
        State, and the Secretary of Energy, shall identify 
        assistance programs that could facilitate 
        implementation of port or facility security 
        antiterrorism measures in foreign countries and 
        territories of the United States. [The Secretary shall 
        establish a program to utilize the programs that are 
        capable of implementing port security antiterrorism 
        measures at ports in foreign countries and territories 
        of the United States that the Secretary finds to lack 
        effective antiterrorism measures.] The Secretary shall 
        establish a strategic plan to utilize those assistance 
        programs to assist ports and facilities that are found 
        by the Secretary under subsection (a) not to maintain 
        effective antiterrorism measures in the implementation 
        of port or facility security antiterrorism measures.
          (2) Caribbean basin.--The Secretary, in coordination 
        with the Secretary of State and in consultation with 
        the Organization of American States and the Commandant 
        of the Coast Guard, shall place particular emphasis on 
        utilizing programs to facilitate the implementation of 
        port or facility security antiterrorism measures at the 
        ports located in the Caribbean Basin, as such ports 
        pose unique security and safety threats to the United 
        States due to--
                  (A) the strategic location of such ports 
                between South America and the United States;
                  (B) the relative openness of such ports; and
                  (C) the significant number of shipments of 
                narcotics to the United States that are moved 
                through such ports.
  (f) Coast Guard Assistance Program.--
          (1) In general.--The Secretary may lend, lease, 
        donate, or otherwise provide equipment, and provide 
        technical training and support, to the owner or 
        operator of a foreign port or facility--
                  (A) to assist in bringing the port or 
                facility into compliance with applicable 
                International Ship and Port Facility Code 
                standards;
                  (B) to assist the port or facility in meeting 
                standards established under section 70109A of 
                this chapter; and
                  (C) to assist the port or facility in 
                exceeding the standards described in 
                subparagraph (A) and (B).
          (2) Conditions.--The Secretary--
                  (A) shall provide such assistance based upon 
                an assessment of the risks to the security of 
                the United States and the inability of the 
                owner or operator of the port or facility 
                otherwise to bring the port or facility into 
                compliance with those standards and to maintain 
                compliance with them;
                  (B) may not provide such assistance unless 
                the facility or port has been subjected to a 
                comprehensive port security assessment by the 
                Coast Guard or a third party entity certified 
                by the Secretary under section 70110A(b) to 
                validate foreign port or facility compliance 
                with International Ship and Port Facility Code 
                standards; and
                  (C) may only lend, lease, or otherwise 
                provide equipment that the Secretary has first 
                determined is not required by the Coast Guard 
                for the performance of its missions.

Sec. 70110A. Port safety and security validations

  (a) In General.--The Secretary, in consultation with the 
Secretary of State, shall, in a manner consistent with 
international treaties, conventions, and agreements to which 
the United States is a party, develop and implement a voluntary 
program under which foreign ports and facilities can certify 
their compliance with applicable International Ship and Port 
Facility Code standards.
  (b) Third-Party Validation.--
          (1) In general.--In carrying out this section, the 
        Secretary, in cooperation with the International 
        Maritime Organization and the International Standards 
        Organization, shall develop and implement a program 
        under which independent, third-party entities are 
        certified to validate a foreign port's or facility's 
        compliance under the program developed under subsection 
        (a).
          (2) Program components.--The international program 
        shall include--
                  (A) international inspection protocols and 
                procedures;
                  (B) minimum validation standards to ensure a 
                port or facility meets the applicable 
                International Ship and Port Facility Code 
                standards;
                  (C) recognition for foreign ports or 
                facilities that exceed the minimum standards;
                  (D) uniform performance metrics by which 
                inspection validations are to be conducted;
                  (E) a process for notifying a port or 
                facility, and its host nation, of areas of 
                concern about the port's or facility's failure 
                to comply with International Ship and Port 
                Facility Code standards;
                  (F) provisional or probationary validations;
                  (G) conditions under which routine monitoring 
                is to occur if a port or facility receives a 
                provisional or probationary validation;
                  (H) a process by which failed validations can 
                be appealed; and
                  (I) an appropriate cycle for re-inspection 
                and validation.
  (c) Certification of Third Party Entities.--The Secretary may 
not certify a third party entity to validate ports or 
facilities under subsection (b) unless--
          (1) the entity demonstrates to the satisfaction of 
        the Secretary the ability to perform validations in 
        accordance with the standards, protocols, procedures, 
        and requirements established by the program implemented 
        under subsection (a); and
          (2) the entity has no beneficial interest in or any 
        direct control over the port and facilities being 
        inspected and validated.
  (d) Monitoring--The Secretary shall regularly monitor and 
audit the operations of each third party entity conducting 
validations under this section to ensure that it is meeting the 
minimum standards, operating protocols, procedures, and 
requirements established by international agreement.
  (e) Revocation.--The Secretary shall revoke the certification 
of any entity determined by the Secretary not to meet the 
minimum standards, operating protocol, procedures, and 
requirements established by international agreement for third 
party entity validations.
  (f) Protection of Security and Proprietary Information.--In 
carrying out this section, the Secretary shall take appropriate 
actions to protect from disclosure information that--
          (1) is security sensitive, proprietary, or business 
        sensitive; or
          (2) is otherwise not appropriately in the public 
        domain.
  (g) Deadlines.--The Secretary shall--
          (1) initiate procedures to carry out this section 
        within 180 days after the date of enactment of the 
        Maritime Hazardous Cargo Security Act; and
          (2) develop standards under subsection (b) for third 
        party validation within 2 years after the date of 
        enactment of that Act.
  (h) Reports.--The Secretary shall report annually to the 
Senate Committee on Commerce, Science, and Transportation, the 
House of Representatives Committee on Transportation and 
Infrastructure, and the House of Representatives Committee on 
Homeland Security on activities conducted pursuant to this 
section.

           *       *       *       *       *       *       *


Sec. 70122. Regulations

  Unless otherwise provided, the Secretary may issue 
regulations necessary to implement this chapter.

                 CHAPTER 707--MARITIME LAW ENFORCEMENT

Sec.
70701. Offense.
70702. Attempt or conspiracy.
70703. Affirmative defenses.
70704. Penalties.
70705. Criminal forfeiture.
70706. Civil forfeiture.
70707. Extraterritorial jurisdiction.
70708. Claim of failure to comply with international law; jurisdiction 
          of court.
70709. Federal activities.
70710. Definitions.

Sec. 70701. Offense

  It shall be unlawful for any person on board a covered vessel 
to transport or facilitate the transportation, harboring, or 
concealment of an alien on board such vessel knowing or having 
reason to believe that the alien is attempting to unlawfully 
enter the United States.

Sec. 70702. Attempt or conspiracy

  Any person on board a covered vessel who attempts or 
conspires to commit a violation of section 70701 shall be 
subject to the same penalties as those prescribed for the 
violation, the commission of which was the object of the 
attempt or conspiracy.

Sec. 70703. Affirmative defenses

  It is an affirmative defense to a prosecution under this 
section, which the defendant must prove by a preponderance of 
the evidence, that--
          (1)(A) the alien was on board pursuant to a rescue at 
        sea, or was a stowaway; or
          (B) the entry into the United States was a necessary 
        response to an imminent threat of death or serious 
        bodily injury to the alien;
          (2) the defendant, as soon as reasonably practicable, 
        informed the Coast Guard of the presence of the alien 
        on the vessel and the circumstances of the rescue; and
          (3) the defendant complied with all orders given by 
        law enforcement officials of the United States.

Sec. 70704. Penalties

  (a) In General.--Any person who commits a violation of this 
chapter shall be fined or imprisoned, or both, in accordance 
with subsection (b) and (c) of this section. For purposes of 
subsection (b), each individual on board a vessel with respect 
to whom the violation occurs shall be treated as a separate 
violation.
  (b) Fines.--Any person who commits a violation of this 
chapter shall be fined not more than $100,000, except that--
          (1) in any case in which the violation causes serious 
        bodily injury to any person, regardless of where the 
        injury occurs, the person shall be fined not more than 
        $500,000; and
          (2) in any case where the violation causes or results 
        in the death of any person regardless of where the 
        death occurs, the person shall be fined not more than 
        $1,000,000, or both.
  (c) Imprisonment.--Any person who commits a violation of this 
chapter shall be imprisoned for not less than 3 nor more than 
20 years, except that--
          (1) in any case in which the violation causes serious 
        bodily injury to any person, regardless of where the 
        injury occurs, the person shall be imprisoned for not 
        less than 7 nor more than 30 years; and
          (2) in any case where the violation causes or results 
        in the death of any person regardless of where the 
        death occurs, the person shall be imprisoned for not 
        less than 10 years nor more than life.

Sec. 70705. Criminal forfeiture

  The court, at the time of sentencing a person convicted of an 
offense under this chapter, shall order forfeited to the United 
States any vessel used in the offense in the same manner and to 
the same extent as if it were a vessel used in an offense under 
section 274 of the Immigration and Nationality Act (8 U.S.C. 
1324).

Sec. 70706. Civil forfeiture

  A vessel that has been used in the commission of a violation 
of this chapter shall be seized and subject to forfeiture in 
the same manner and to the same extent as if it were used in 
the commission of a violation of section 274(a) of the 
Immigration and Nationality Act (8 U.S.C. 1324(a)).

Sec. 70707. Extraterritorial jurisdiction

  There is extraterritorial jurisdiction of an offense under 
this chapter.

Sec. 70708. Claim of failure to comply with international law; 
                    jurisdiction of court

  A claim of failure to comply with international law in the 
enforcement of this chapter may be invoked as a basis for a 
defense solely by a foreign nation. A failure to comply with 
international law shall not divest a court of jurisdiction or 
otherwise constitute a defense to any proceeding under this 
chapter.

Sec. 70709. Federal activities

  Nothing in this chapter applies to otherwise lawful 
activities carried out by or at the direction of the United 
States Government.

Sec. 70710. Definitions

  In this chapter:
          (1) Alien.--The term ``alien'' has the meaning given 
        that term in section 70105(f).
          (2) Covered vessel.--The term ``covered vessel'' 
        means a vessel of the United States, or a vessel 
        subject to the jurisdiction of the United States, that 
        is less than 300 gross tons (or an alternate tonnage 
        prescribed by the Secretary under section 14104 of this 
        title) as measured under section 14502 of this title.
          (3) Serious bodily injury.--The term ``serious bodily 
        injury'' has the meaning given that term in section 
        1365 of title 18, United States Code.
          (4) United states.--The term ``United States'' has 
        the meaning given that term in section 114.
          (5) Vessel of the united states.--The term ``vessel 
        of the United States'' has the meaning given that term 
        in section 70502.
          (6) Vessel subject to the jurisdiction of the united 
        states.--The term ``vessel subject to the jurisdiction 
        of the United States'' has the meaning given that term 
        in section 70502.

                                  
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