[House Report 115-1015]
[From the U.S. Government Publishing Office]


115th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {      115-1015

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



 
               MARITIME TECHNICAL CORRECTIONS ACT OF 2018

                                _______
                                

 November 13, 2018.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5326]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5326) to amend titles 14 and 46, 
United States Code, to make technical corrections with respect 
to Coast Guard and shipping authorities, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     8
Background and Need for Legislation..............................     8
Hearings.........................................................     8
Legislative History and Consideration............................     8
Committee Votes..................................................     8
Committee Oversight Findings.....................................     8
New Budget Authority and Tax Expenditures........................     9
Congressional Budget Office Cost Estimate........................     9
Performance Goals and Objectives.................................    10
Advisory of Earmarks.............................................    10
Duplication of Federal Programs..................................    10
Disclosure of Directed Rule Makings..............................    10
Federal Mandate Statement........................................    10
Preemption Clarification.........................................    10
Advisory Committee Statement.....................................    10
Applicability of Legislative Branch..............................    11
Section-by-Section Analysis of Legislation.......................    11
Changes in Existing Law Made by the Bill, as Reported............    13

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Maritime Technical Corrections Act of 
2018''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                          TITLE I--COAST GUARD

Sec. 101. Commandant defined.
Sec. 102. Training course on workings of Congress.
Sec. 103. Miscellaneous.
Sec. 104. Department of Defense consultation.
Sec. 105. Repeal.
Sec. 106. Mission need statement.
Sec. 107. Continuation on active duty.
Sec. 108. System acquisition authorization.
Sec. 109. Inventory of real property.

                   TITLE II--MARITIME TRANSPORTATION

Sec. 201. Definitions.
Sec. 202. Authority to exempt vessels.
Sec. 203. Passenger vessels.
Sec. 204. Tank vessels.
Sec. 205. Grounds for denial or revocation.
Sec. 206. Miscellaneous corrections to title 46, U.S.C.
Sec. 207. Miscellaneous corrections to Oil Pollution Act of 1990.
Sec. 208. Miscellaneous corrections.

                          TITLE I--COAST GUARD

SEC. 101. COMMANDANT DEFINED.

  (a) In General.--Chapter 1 of title 14, United States Code, is 
amended by adding at the end the following:

``Sec. 5. Commandant defined

  ``In this title, the term `Commandant' means the Commandant of the 
Coast Guard.''.
  (b) Clerical Amendment.--The analysis for chapter 1 of title 14, 
United States Code, is amended by adding at the end the following:

``5. Commandant defined.''.

  (c) Conforming Amendments.--Title 14, United States Code, is 
amended--
          (1) in section 58(a) by striking ``Commandant of the Coast 
        Guard'' and inserting ``Commandant'';
          (2) in section 101 by striking ``Commandant of the Coast 
        Guard'' and inserting ``Commandant'';
          (3) in section 693 by striking ``Commandant of the Coast 
        Guard'' and inserting ``Commandant'';
          (4) in section 672a(a) by striking ``Commandant of the Coast 
        Guard'' and inserting ``Commandant'';
          (5) in section 678(a) by striking ``Commandant of the Coast 
        Guard'' and inserting ``Commandant'';
          (6) in section 561(a) by striking ``Commandant of the Coast 
        Guard'' and inserting ``Commandant'';
          (7) in section 577(a) by striking ``Commandant of the Coast 
        Guard'' and inserting ``Commandant'';
          (8) in section 581--
                  (A) by striking paragraph (4); and
                  (B) by redesignating paragraphs (5) through (12) as 
                paragraphs (4) through (11), respectively;
          (9) in section 200(a) by striking ``Commandant of the Coast 
        Guard'' and inserting ``Commandant'';
          (10) in section 196(b)(1) by striking ``Commandant of the 
        Coast Guard'' and inserting ``Commandant'';
          (11) in section 199 by striking ``Commandant of the Coast 
        Guard'' and inserting ``Commandant'';
          (12) in section 429(a)(1) by striking ``Commandant of the 
        Coast Guard'' and inserting ``Commandant'';
          (13) in section 423(a)(2) by striking ``Commandant of the 
        Coast Guard'' and inserting ``Commandant'';
          (14) in section 2702(5) by striking ``Commandant of the Coast 
        Guard'' and inserting ``Commandant'';
          (15) in section 2902(a) by striking ``Commandant of the Coast 
        Guard'' and inserting ``Commandant''; and
          (16) in section 2903(f)(1) by striking ``Commandant of the 
        Coast Guard'' and inserting ``Commandant''.

SEC. 102. TRAINING COURSE ON WORKINGS OF CONGRESS.

  Section 60(d) of title 14, United States Code, is amended to read as 
follows:
  ``(d) Completion of Required Training.--A Coast Guard flag officer 
who is newly appointed or assigned to a billet in the National Capital 
Region, and a Coast Guard Senior Executive Service employee who is 
newly employed in the National Capital Region, shall complete a 
training course that meets the requirements of this section not later 
than 60 days after reporting for duty.''.

SEC. 103. MISCELLANEOUS.

  (a) Secretary; General Powers.--Section 92 of title 14, United States 
Code, is amended by redesignating subsections (f) through (i) as 
subsections (e) through (h), respectively.
  (b) Commandant; General Powers.--Section 93(a)(21) of title 14, 
United States Code, is amended by striking ``section 30305(a)'' and 
inserting ``section 30305(b)(7)''.
  (c) Enlisted Members.--
          (1) Department of the army and department of the air force.--
        Section 144(b) of title 14, United States Code, is amended by 
        striking ``enlisted men'' each place it appears and inserting 
        ``enlisted members''.
          (2) Navy department.--Section 145(b) of title 14, United 
        States Code, is amended by striking ``enlisted men'' each place 
        it appears and inserting ``enlisted members''.
          (3) Purchase of commissary and quartermaster supplies.--
        Section 4 of the Act of May 22, 1926 (44 Stat. 626, chapter 
        371; 33 U.S.C. 754a), is amended by striking ``enlisted men'' 
        and inserting ``enlisted members''.
  (d) Arctic Maritime Transportation.--Section 90(f) of title 14, 
United States Code, is amended by striking the question mark.
  (e) Long-Term Lease Authority for Lighthouse Property.--Section 
672a(a) of title 14, United States Code, as amended by this Act, is 
further amended by striking ``Section 321 of chapter 314 of the Act of 
June 30, 1932 (40 U.S.C. 303b)'' and inserting ``Section 1302 of title 
40''.
  (f) Required Contract Terms.--Section 565 of title 14, United States 
Code, is amended--
          (1) in subsection (a) by striking ``awarded or issued by the 
        Coast Guard after the date of enactment of the Coast Guard 
        Authorization Act of 2010''; and
          (2) in subsection (b)(1) by striking ``after the date of 
        enactment of the Coast Guard Authorization Act of 2010''.
  (g) Acquisition Program Baseline Breach.--Section 575(c) of title 14, 
United States Code, is amended by striking ``certification, with a 
supporting explanation, that'' and inserting ``determination, with a 
supporting explanation, of whether''.
  (h) Enlistments; Term, Grade.--Section 351(a) of title 14, United 
States Code, is amended by inserting ``the duration of their'' before 
``minority''.
  (i) Members of the Auxiliary; Status.--Section 823a(b)(9) of title 
14, United States Code, is amended by striking ``On or after January 1, 
2001, section'' and inserting ``Section''.
  (j) Use of Member's Facilities.--Section 826(b) of title 14, United 
States Code, is amended by striking ``section 154 of title 23, United 
States Code'' and inserting ``section 30102 of title 49''.
  (k) Availability of Appropriations.--Section 830(b) of title 14, 
United States Code, is amended by striking ``1954'' and inserting 
``1986''.

SEC. 104. DEPARTMENT OF DEFENSE CONSULTATION.

  Section 566 of title 14, United States Code, is amended--
          (1) in subsection (b) by striking ``enter into'' and 
        inserting ``maintain''; and
          (2) by striking subsection (d).

SEC. 105. REPEAL.

  Section 568 of title 14, United States Code, and the item relating to 
that section in the analysis for chapter 15 of that title, are 
repealed.

SEC. 106. MISSION NEED STATEMENT.

  Section 569 of title 14, United States Code, is--
          (1) amended in subsection (a)--
                  (A) by striking ``for fiscal year 2016'' and 
                inserting ``for fiscal year 2019''; and
                  (B) by striking ``, on the date on which the 
                President submits to Congress a budget for fiscal year 
                2019 under such section,''.

SEC. 107. CONTINUATION ON ACTIVE DUTY.

  Section 290(a) of title 14, United States Code, is amended by 
striking ``Officers, other than the Commandant, serving'' and inserting 
``Officers serving''.

SEC. 108. SYSTEM ACQUISITION AUTHORIZATION.

  (a) Requirement for Prior Authorization of Appropriations.--Section 
2701(2) of title 14, United States Code, is amended by striking ``and 
aircraft'' and inserting ``aircraft, and systems''.
  (b) Authorization of Appropriations.--Section 2702(2) of title 14, 
United States Code, is amended by striking ``and aircraft'' and 
inserting ``aircraft, and systems''.

SEC. 109. INVENTORY OF REAL PROPERTY.

  Section 679 of title 14, United States Code, is amended--
          (1) in subsection (a) by striking ``Not later than September 
        30, 2015, the Commandant shall establish'' and inserting ``The 
        Commandant shall maintain''; and
          (2) by striking subsection (b) and inserting the following:
  ``(b) Updates.--The Commandant shall update information on each unit 
of real property included in the inventory required under subsection 
(a) not later than 30 days after any change relating to the control of 
such property.''.

                   TITLE II--MARITIME TRANSPORTATION

SEC. 201. DEFINITIONS.

  (a) In General.--
          (1) Section 2101 of title 46, United States Code, is 
        amended--
                  (A) by inserting after paragraph (4) the following:
          ``( ) `Commandant' means the Commandant of the Coast 
        Guard.'';
                  (B) by striking the semicolon at the end of paragraph 
                (14) and inserting a period; and
                  (C) by redesignating the paragraphs of such section 
                in order as paragraphs (1) through (54), respectively.
          (2) Section 3701 of title 46, United States Code, is amended 
        by redesignating paragraphs (3) and (4) as paragraphs (2) and 
        (3) respectively.
  (b) Conforming Amendments.--
          (1) Section 114(o)(3) of the Marine Mammal Protection Act of 
        1972 (16 U.S.C. 1383a(o)(3)) is amended--
                  (A) by striking ``section 2101(11a)'' and inserting 
                ``section 2101(12)''; and
                  (B) by striking ``section 2101(11b)'' and inserting 
                ``section 2101(13)''.
          (2) Section 3(3) of the Magnuson-Stevens Fishery Conservation 
        and Management Act (16 U.S.C. 1802(3)), is amended by striking 
        ``section 2101(21a)'' and inserting ``section 2101(30)''.
          (3) Section 1992(d)(7) of title 18, United States Code, is 
        amended by striking ``section 2101(22)'' and inserting 
        ``section 2101(31)''.
          (4) Section 12(c) of the Fishermen's Protective Act of 1967 
        (22 U.S.C. 1980b(c)) is amended by striking ``section 
        2101(11a)'' and inserting ``section 2101(12)''.
          (5) Section 311(a)(26)(D) of the Federal Water Pollution 
        Control Act (33 U.S.C. 1321(a)(26)(D)) is amended by striking 
        ``section 2101(17a)'' and inserting ``section 2101(23)''.
          (6) Section 2113(3) of title 46, United States Code, is 
        amended by striking ``section 2101(42)(A)'' and inserting 
        ``section 2101(51)(A)''.
          (7) Section 2116(d)(1) of title 46, United States Code, is 
        amended by striking ``Coast Guard Commandant'' and inserting 
        ``Commandant''.
          (8) Section 3202(a)(1)(A) of title 46, United States Code, is 
        amended by striking ``section 2101(21)(A)'' and inserting 
        ``section 2101(29)(A)''.
          (9) Section 3507 of title 46, United States Code, is 
        amended--
                  (A) in subsection (k)(1), by striking ``section 
                2101(22)'' and inserting ``section 2101(31)''; and
                  (B) by striking subsection (l) and inserting the 
                following:
  ``(l) Definition.--In this section and section 3508, the term `owner' 
means the owner, charterer, managing operator, master, or other 
individual in charge of a vessel.''.
          (10) Section 4105 of title 46, United States Code, is 
        amended--
                  (A) in subsection (b)(1), by striking ``section 
                2101(42)'' and inserting ``section 2101(51)''; and
                  (B) in subsection (c), by striking ``section 
                2101(42)(A)'' and inserting ``section 2101(51)(A)''.
          (11) Section 6101(i)(4) of title 46, United States Code, is 
        amended by striking ``of the Coast Guard''.
          (12) Section 7510(c)(1) of title 46, United States Code, is 
        amended by striking ``Commandant of the Coast Guard'' and 
        inserting ``Commandant''.
          (13) Section 7706(a) of title 46, United States Code, is 
        amended by striking ``of the Coast Guard''.
          (14) Section 8108(a)(1) of title 46, United States Code, is 
        amended by striking ``of the Coast Guard''.
          (15) Section 12119(a)(3) of title 46, United States Code, is 
        amended by striking ``section 2101(20)'' and inserting 
        ``section 2101(26)''.
          (16) Section 80302(d) of title 46, United States Code, is 
        amended by striking ``of the Coast Guard'' the first place it 
        appears.
          (17) Section 1101 of title 49, United States Code, is amended 
        by striking ``Section 2101(17a)'' and inserting ``Section 
        2101(23)''.

SEC. 202. AUTHORITY TO EXEMPT VESSELS.

  (a) In General.--Section 2113 of title 46, United States Code, is 
amended--
          (1) by adding ``and'' after the semicolon at the end of 
        paragraph (3); and
          (2) by striking paragraphs (4) and (5) and inserting the 
        following:
          ``(4) maintain different structural fire protection, manning, 
        operating, and equipment requirements for vessels that 
        satisfied requirements set forth in the Passenger Vessel Safety 
        Act of 1993 (Public Law 103-206) before June 21, 1994.''.
  (b) Conforming Amendments.--Section 3306(i) of title 46, United 
States Code, is amended by striking ``section 2113(5)'' and inserting 
``section 2113(4)''.

SEC. 203. PASSENGER VESSELS.

  (a) Section 3507 of title 46, United States Code, is amended--
          (1) by striking subsection (a)(3);
          (2) in subsection (e)(2), by striking ``services 
        confidential'' and inserting ``services as confidential''; and
          (3) in subsection (i), by striking ``Within 6 months after 
        the date of enactment of the Cruise Vessel Security and Safety 
        Act of 2010, the Secretary shall issue'' and insert ``The 
        Secretary shall maintain''.
  (b) Section 3508 of title 46, United States Code, is amended--
          (1) in subsection (a), by striking ``Within 1 year after the 
        date of enactment of the Cruise Vessel Security and Safety Act 
        of 2010, the'' and inserting ``The'', and by striking 
        ``develop'' and inserting ``maintain'';
          (2) in subsection (c), by striking ``Beginning 2 years after 
        the standards are established under subsection (b), no'' and 
        inserting ``No'';
          (3) by striking subsection (d) and redesignating subsections 
        (e) and (f) as subsections (d) and (e), respectively; and
          (4) in subsection (e), as redesignated by paragraph (3), by 
        striking ``subsection (e)'' each place it appears and inserting 
        ``subsection (d)''.

SEC. 204. TANK VESSELS.

  (a) Section 3703a of title 46, United States Code, is amended--
          (1) in subsection (b), by striking paragraph (3) and 
        redesignating paragraphs (4), (5), and (6) as paragraphs (3), 
        (4), and (5), respectively;
          (2) in subsection (c)(2)--
                  (A) by striking ``that is delivered'' and inserting 
                ``that was delivered'';
                  (B) by striking ``that qualifies'' and inserting 
                ``that qualified''; and
                  (C) by striking ``after January 1, 2015,'';
          (3) in subsection (c)(3)--
                  (A) by striking ``that is delivered'' and inserting 
                ``that was delivered''; and
                  (B) by striking ``that qualifies'' and inserting 
                ``that qualified'';
          (4) by striking subsection (c)(3)(A) and inserting the 
        following:
          ``(A) in the case of a vessel of at least 5,000 gross tons 
        but less than 15,000 gross tons as measured under section 
        14502, or an alternate tonnage measured under section 14302 as 
        prescribed by the Secretary under section 14104, if the vessel 
        is 25 years old or older and has a single hull, or is 30 years 
        old or older and has a double bottom or double sides;'';
          (5) by striking subsection (c)(3)(B) and inserting the 
        following:
          ``(B) in the case of a vessel of at least 15,000 gross tons 
        but less than 30,000 gross tons as measured under section 
        14502, or an alternate tonnage measured under section 14302 as 
        prescribed by the Secretary under section 14104, if the vessel 
        is 25 years old or older and has a single hull, or is 30 years 
        old or older and has a double bottom or double sides; and'';
          (6) by striking subsection (c)(3)(C) and inserting the 
        following:
          ``(C) in the case of a vessel of at least 30,000 gross tons 
        as measured under section 14502, or an alternate tonnage 
        measured under section 14302 as prescribed by the Secretary 
        under section 14104, if the vessel is 23 years old or older and 
        has a single hull, or is 28 years old or older and has a double 
        bottom or double sides.''; and
          (7) in subsection (e)--
                  (A) in paragraph (1), by striking ``and except as 
                otherwise provided in paragraphs (2) and (3) of this 
                subsection''; and
                  (B) by striking paragraph (2) and redesignating 
                paragraph (3) as paragraph (2).
  (b) Section 3705 of title 46, United States Code, is amended--
          (1) in subsection (b)--
                  (A) by striking paragraph (2);
                  (B) by striking ``(1)''; and
                  (C) by redesignating subparagraphs (A) and (B) as 
                paragraphs (1) and (2), respectively; and
          (2) in subsection (c), by striking ``before January 2, 1986, 
        or the date on which the tanker reaches 15 years of age, 
        whichever is later''.
  (c) Section 3706(d) of title 46, United States Code, is amended by 
striking ``before January 2, 1986, or the date on which it reaches 15 
years of age, whichever is later''.
  (d) Section 1001(32)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 
2701(32)(A)) is amended by striking ``(other than a vessel described in 
section 3703a(b)(3) of title 46, United States Code)''.

SEC. 205. GROUNDS FOR DENIAL OR REVOCATION.

  (a) Section 7503 of title 46, United States Code, is amended to read 
as follows:

``Sec. 7503. Dangerous drugs as grounds for denial

  ``A license, certificate of registry, or merchant mariner's document 
authorized to be issued under this part may be denied to an individual 
who--
          ``(1) within 10 years before applying for the license, 
        certificate, or document, has been convicted of violating a 
        dangerous drug law of the United States or of a State; or
          ``(2) when applying, has ever been a user of, or addicted to, 
        a dangerous drug unless the individual provides satisfactory 
        proof that the individual is cured.''.
  (b) Section 7704 of title 46, United States Code, is amended by 
redesignating subsections (b) and (c) as subsections (a) and (b), 
respectively.

SEC. 206. MISCELLANEOUS CORRECTIONS TO TITLE 46, U.S.C.

  (a) Section 2110 of title 46, United States Code, is amended by 
striking subsection (k).
  (b) Section 2116(c) of title 46, United States Code, is amended by 
striking ``Beginning with fiscal year 2011 and each fiscal year 
thereafter, the'' and inserting ``The''.
  (c) Section 3302(g)(2) of title 46, United States Code, is amended by 
striking ``After December 31, 1988, this'' and inserting ``This''.
  (d) Section 6101(j) of title 46, United States Code, is amended by 
striking ``, as soon as possible, and no later than January 1, 2005,''.
  (e) Section 7505 of title 46, United States Code, is amended by 
striking ``section 206(b)(7) of the National Driver Register Act of 
1982 (23 U.S.C. 401 note)'' and inserting ``section 30305(b)(7) of 
title 49''.
  (f) Section 7702(c)(1) of title 46, United States Code, is amended by 
striking ``section 206(b)(4) of the National Driver Register Act of 
1982 (23 U.S.C. 401 note)'' and inserting ``section 30305(b)(7) of 
title 49''.
  (g) Section 8106(f) of title 46, United States Code, is amended by 
striking paragraph (3) and inserting the following:
          ``(3) Continuing violations.--The maximum amount of a civil 
        penalty for a violation under this subsection shall be 
        $100,000.''.
  (h) Section 8703 of title 46, United States Code, is amended by 
redesignating subsection (c) as subsection (b).
  (i) Section 11113 of title 46, United States Code, is amended--
          (1) in subsection (a)(4)(A) by striking ``paragraph (2)'' and 
        inserting ``paragraph (3)''; and
          (2) in subsection (c)(2)(B)--
                  (A) by striking ``section 2(9)(a)'' and inserting 
                ``section 2(a)(9)(A)''; and
                  (B) by striking ``33 U.S.C. 1901(9)(a)'' and 
                inserting ``33 U.S.C. 1901(a)(9)(A)''.
  (j) Section 12113(d)(2)(C)(iii) of title 46, United States Code, is 
amended by striking ``118 Stat. 2887)'' and inserting ``118 Stat. 
2887))''.
  (k) Section 13107(c)(2) of title 46, United States Code, is amended 
by striking ``On and after October 1, 2016, no'' and inserting ``No''.
  (l) Section 31322(a)(4)(B) of title 46, United States Code, is 
amended by striking ``state'' and inserting ``State''.
  (m) Section 52101(d) of title 46, United States Code, is amended by 
striking ``(50 App. U.S.C. 459(a))'' and inserting ``(50 U.S.C. 
3808(a))''.
  (n) The analysis for chapter 531 of title 46, United States Code, is 
amended by striking the item relating to section 53109:
  (o) Section 53106(a)(1) of title 46, United States Code, is amended 
by striking subparagraphs (A), (B), (C), and (D), and by redesignating 
subparagraphs (E), (F), and (G) as subparagraphs (A), (B), and (C), 
respectively.
  (p) Section 53111 of title 46, United States Code, is amended by 
striking paragraphs (1) through (4), and by redesignating paragraphs 
(5), (6), and (7) as paragraphs (1), (2), and (3), respectively.
  (q) Section 53501 of title 46, United States Code, is amended--
          (1) in paragraph (5)(A)(iii), by striking ``transportation 
        trade trade or'' and inserting ``transportation trade or'';
          (2) by redesignating paragraph (8) as paragraph (9);
          (3) by striking the second paragraph (7) (relating to the 
        definition of ``United States foreign trade''); and
          (4) by inserting after the first paragraph (7) the following:
          ``(8) United states foreign trade.--The term `United States 
        foreign trade' includes those areas in domestic trade in which 
        a vessel built with a construction-differential subsidy is 
        allowed to operate under the first sentence of section 506 of 
        the Merchant Marine Act, 1936.''.
  (r) Section 54101(f) of title 46, United States Code, is amended by 
striking paragraph (2) and inserting the following:
          ``(2) Minimum standards for payment or reimbursement.--Each 
        application submitted under paragraph (1) shall include a 
        comprehensive description of--
                  ``(A) the need for the project;
                  ``(B) the methodology for implementing the project; 
                and
                  ``(C) any existing programs or arrangements that can 
                be used to supplement or leverage assistance under the 
                program.''.
  (s) Section 55305(d)(2)(D) of title 46, United States Code, is 
amended by striking ``421(c)(1)'' and inserting ``1303(a)(1))''.
  (t) The analysis for chapter 575 of title 46, United States Code, is 
amended in the item relating to section 57533 by adding a period at the 
end.
  (u) Section 57532(d) of title 46, United States Code, is amended by 
striking ``(50 App. U.S.C. 1291(a), (c), 1293(c), 1294)'' and inserting 
``(50 U.S.C. 4701(a), (c), 4703(c), and 4704)''.
  (v) Section 60303(c) of title 46, United States Code, is amended in 
by striking ``Subsection (a) section does'' and inserting ``Subsection 
(a) does''.

SEC. 207. MISCELLANEOUS CORRECTIONS TO OIL POLLUTION ACT OF 1990.

  (a) Section 2 of the Oil Pollution Act of 1990 (33 U.S.C. 2701 note) 
is amended by--
          (1) inserting after the item relating to section 5007 the 
        following:

``Sec. 5008. North Pacific Marine Research Institute.''.

          (2) striking the item relating to section 6003.
  (b) Section 1003(d)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
2703(d)(5)) is amended by inserting ``section'' before ``1002(a)''.
  (c) Section 1004(d)(2)(C) of the Oil Pollution Act of 1990 (33 U.S.C. 
2704(d)(2)(C)) is amended by striking ``under this subparagraph (A)'' 
and inserting ``under subparagraph (A)''.
  (d) Section 4303 of the Oil Pollution Act of 1990 (33 U.S.C. 2716a) 
is amended--
          (1) in subsection (a), by striking ``subsection (c)(2)'' and 
        inserting ``subsection (b)(2)''; and
          (2) in subsection (b), by striking ``this section 1016'' and 
        inserting ``section 1016''.
  (e) Section 5002(l)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 
2732(l)(2)) is amended by striking ``General Accounting Office'' and 
inserting ``Government Accountability Office''.

SEC. 208. MISCELLANEOUS CORRECTIONS.

  (a) Section 1 of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 
191), is amended by striking ``the Secretary of the Treasury'' and 
inserting ``the Secretary of the department in which the Coast Guard is 
operating''.
  (b) Section 5(b) of the Act entitled ``An Act to regulate the 
construction of bridges over navigable waters'', approved March 23, 
1906, popularly known as the Bridge Act of 1906 (chapter 1130; 33 
U.S.C. 495(b)), is amended by striking ``$5,000 for a violation 
occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 
for a violation occurring in 2006; $20,000 for a violation occurring in 
2007; and''.
  (c) Section 5(f) of the Act to Prevent Pollution from Ships (33 
U.S.C. 1904(f)) is amended to read as follows:
  ``(f) Ship Clearance; Refusal or Revocation.--If a ship is under a 
detention order under this section, the Secretary may refuse or revoke 
the clearance required by section 60105 of title 46, United States 
Code.''.

                         Purpose of Legislation

    H.R. 5326 makes technical corrections to the U.S. Coast 
Guard and shipping authorities found under, respectively, 
titles 14 and 46 of the United States Code (U.S.C.).

                  Background and Need for Legislation

    Title 14 U.S.C. was codified in 1949. In March, 2017, the 
Committee passed the Coast Guard Improvement and Reform Act of 
2017 (H.R. 1726) to reorganize title 14 by transferring and 
renumbering existing provisions and co-locating similar 
authorities. H.R. 5326 makes additional technical corrections 
which will help make title 14 easier to understand. Title 46 
was codified during the 108th Congress. H.R. 5326 strikes 
outdated text, re-designates sections, and modifies cross-
references.

                                Hearings

    The bill was not subject to a hearing by the Subcommittee 
on Coast Guard and Maritime Transportation principally because 
the legislation does not make any substantive policy changes to 
the underlying law.

                 Legislative History and Consideration

    On March 19, 2018, H.R. 5326 was introduced by Congressman 
John Garamendi (D-CA) and cosponsored by Congressman Duncan 
Hunter (R-CA). The bill was referred solely to the Committee on 
Transportation and Infrastructure.
    On April 12, 2018, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 5326. 
Congressman Garamendi offered an amendment to make a technical 
fix to section 207 of the bill. The Committee adopted the 
amendment by voice vote and ordered the bill, as amended, 
reported favorably to the House by voice vote with a quorum 
present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. No recorded votes were requested during 
consideration of H.R. 5326. The amendment offered by 
Congressman Garamendi was adopted by voice vote and the motion 
to order H.R. 5326, as amended, reported favorably to the House 
was agreed to by voice vote with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 5326 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 7, 2018.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5326, the Maritime 
Technical Corrections Act of 2018.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 5326--Maritime Technical Corrections Act of 2018

    H.R. 5326 would make technical changes to, but not 
substantively alter, provisions of title 14 and title 46 of the 
United States Code, which govern the authority of the Coast 
Guard and other agencies involved in maritime transportation.
    Using information from the Coast Guard, CBO estimates that 
enacting H.R. 5326 would have no significant effect on the 
federal budget. The bill would not impose any new requirements 
or duties on agencies involved with maritime transportation or 
shipping. As a result, CBO expects that any change in federal 
costs--which would be subject to appropriation--would be 
negligible.
    Enacting H.R. 5326 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 5326 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    H.R. 5326 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to strike 
outdated text in the United States Code and make technical 
corrections. No provision in this legislation makes any 
substantive changes to the United States Code; all requirements 
and limitation in place before passage of this legislation will 
remain in effect after its enactment.

                          Advisory of Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill includes an earmark, limited tax benefit, 
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 5326 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  Disclosure of Directed Rule Makings

    Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017), 
the Committee finds that enacting H.R. 5326 does not direct the 
completion of a specific rule making within the meaning of 
section 551 of title 5, U.S.C.

                       Federal Mandate Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 5326 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No new advisory committees within the meaning of section 
5(b) of the Federal Advisory Committee Act are created by this 
legislation.

                  Applicability of Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

               Section-by-Section Analysis of Legislation


                          TITLE I--COAST GUARD

Sec. 101. Commandant defined

    Amends chapter 1 of title 14, U.S.C., to add a section with 
the definition of the Commandant as the ``Commandant of the 
Coast Guard''. Throughout title 14, ``Commandant of the Coast 
Guard'' is replaced with ``Commandant''.

Sec. 102. Training course on workings of congress

    Amends section 60(d) of title 14, U.S.C., by striking an 
outdated training requirement and stating that a Coast Guard 
flag officer or Coast Guard Senior Executive Service employee 
working in the National Capital Region shall complete a 
training course on the workings of Congress no later than 60 
days after reporting for duty.

Sec. 103. Miscellaneous

    Amends section 92 of title 14, U.S.C., by re-designating 
subsections therein. Amends section 93(a)(21) of title 14, 
U.S.C., to correct a cross-reference to title 49, U.S.C. Amends 
sections 144(b) and 145(b) of title 14, U.S.C., and section 4 
of the Act of May 22, 1926 (44 Stat. 626, chapter 371; 33 
U.S.C. 754a), by replacing ``enlisted men'' with ``enlisted 
members''. Amends section 90(f) of title 14, U.S.C., to strike 
a question mark in the middle of a sentence. Amends section 
672a(a) of title 14, U.S.C., to update a cross-reference to 
title 40, U.S.C. Amends section 565 by striking outdated 
language. Amends section 575(c) of title 14, U.S.C., by 
clarifying a requirement for ``determination'' rather than 
``certification''. Amends section 351(a) by adding ``the 
duration of'' before ``minority''. Amends section 823a(b)(9) of 
title 14, U.S.C., to remove outdated language. Amends section 
826(b) of title 14, U.S.C., to update cross-references to title 
49, U.S.C. Amends section 830(b) of title 14, U.S.C., by 
updating a reference to the Internal Revenue Code of 1986.

Sec. 104. Department of defense consultation

    Amends section 566 of title 14, U.S.C., to change ``enter 
into'' to ``maintain'' the memorandum of understanding with the 
Navy for technical assistance. Amends Section 566 of title 14, 
U.S.C., to remove language for an already delivered one-time 
report on Coast Guard acquisitions.

Sec. 105. Repeal

    Strikes section 568 of title 14, U.S.C., to remove guidance 
on excessive pass-through charges related to the long-defunct 
Deepwater acquisition program.

Sec. 106. Mission need statement

    Amends section 569 of title 14, U.S.C., to appear after 
section 2904 and renumber this section as 2905. Amends 
subsection (a) in section 2904 of title 14, U.S.C., as so 
redesignated, to strike ``,on the date on which the President 
submits to Congress a budget for fiscal year 2019 under such 
section,'' and replaces ``for fiscal year 2016'' with ``for 
fiscal year 2019''

Sec. 107. Continuation on active duty

    Amends section 290(a) of title 14, U.S.C., to change 
``Officers, other than the Commandant, serving'' to ``Officers 
serving'' in or above the grade of vice admiral are not subject 
to consideration for continuation under this subsection.

Sec. 108. System acquisition authorization

    Amends section 2701(2) of title 14, U.S.C., to change ``and 
aircraft'' to ``aircraft, and systems'' for the requirement for 
prior authorization of appropriations. Amends section 2702(2) 
of title 14, U.S.C., to change ``and aircraft'' to ``aircraft, 
and systems'' for the appropriations.

Sec. 109. Inventory of real property.

    Amends section 679(a) of title 14, U.S.C., to change ``Not 
later than September 30, 2015, the Commandant shall establish'' 
to ``The Commandant shall maintain'' the inventory of real 
property. Amends section 679(b) of title 14, U.S.C., to state 
that the Commandant shall update inventory of real property no 
later than 30 days after any change to control of such 
property.

                   TITLE II--MARITIME TRANSPORTATION

Sec. 201. Definitions

    Amends section 2101 of title 46, U.S.C., to add the 
definition of the Commandant as the ``Commandant of the Coast 
Guard'', re-designate existing definitions, and update all 
cross-references to the definitions in title 46 U.S.C. 2101 
throughout the code.

Sec. 202. Authority to exempt vessels

    Amends section 2113 of title 46, U.S.C., to strike 
subsections (4) and (5) and replace with a new subsection (4) 
to state that the Secretary may maintain different structural 
fire protection, manning, operating, and equipment requirements 
for vessels.

Sec. 203. Passenger vessels

    Amends section 3507 of title 46, U.S.C., to strike 
subsection (a)(3) pertaining to an expired effective date, 
clarify subsection (e)(2) by changing ``services confidential'' 
to ``services as confidential'', and, in subsection (i), 
replace ``Within 6 months after the date of enactment of the 
Cruise Vessel Security and Safety Act of 2010, the Secretary 
shall issue'' with ``The Secretary shall maintain'' for 
procedures related to passenger vessel security and safety 
requirements.
    Amends section 3508 of title 46, U.S.C., to strike 
subsection (d) and removes outdated requirements in subsections 
(a), (c), and (e), as redesignated by the section.

Sec. 204. Tank vessels

    Amends section 3703a, 3705 and 3706 of title 46, U.S.C., to 
remove outdated requirements. Amends section 1001(32)(A) of the 
Oil Pollution Act of 1990 (33 U.S.C. 2701(32)(a)) to remove an 
outdated cross-reference.

Sec. 205. Grounds for denial or revocation

    Amend sections 7503a and 7704 of title 46, U.S.C., to 
renumber the subsections after striking previously repealed 
subsection (a) in each section.

Sec. 206. Miscellaneous corrections to Title 46, U.S.C.

    Amends sections 2110, 2116(c), 3302(g)(2), 6101(j), 7505, 
7702, 8106(f), 8703, 11113, 12113, 13107(c)(2), 31322, 
52101(d), 53106(a)(1), 53111, 53501, 54101(f), 55305(d)(2)(D), 
chapter 575, 57532(d), and 60303(c) of title 46, U.S.C., to 
remove outdated requirements, re-designate subsections, and 
update cross-references.

Sec. 207. Miscellaneous corrections to Oil Pollution Act of 1990

    Amends the Oil Pollution Act of 1990 (33 U.S.C. 2701 et. 
seq.) to remove outdated requirements, re-designate 
subsections, and update cross-references.

Sec. 208. Miscellaneous corrections

    Amends section 1 of the Act of June 15, 1917 (chapter 30; 
50 U.S.C. 191) to replace the ``Secretary of Transportation'' 
with the ``Secretary of the department in which the Coast Guard 
is operating.'' Amends 5(b) of the Act entitled ``An Act to 
regulate the construction of bridges over navigable waters'', 
approved March 23, 1906 (chapter 1130; 33 U.S.C. 495(b)) to 
remove outdated requirements. Amends section 5(f) of the Act to 
Prevent Pollution from Ships (33 U.S.C. 1904(f)) to remove 
outdated cross-references.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 14, UNITED STATES CODE




           *       *       *       *       *       *       *
PART I--REGULAR COAST GUARD

           *       *       *       *       *       *       *


                  CHAPTER 1--ESTABLISHMENT AND DUTIES


Sec.
1. Establishment of Coast Guard.
     * * * * * * *
5. Commandant defined.

           *       *       *       *       *       *       *


Sec. 5. Commandant defined

  In this title, the term ``Commandant'' means the Commandant 
of the Coast Guard.

           *       *       *       *       *       *       *


CHAPTER 3--COMPOSITION AND ORGANIZATION

           *       *       *       *       *       *       *


Sec. 58. Centers of expertise for Coast Guard prevention and response

  (a) Establishment.--The [Commandant of the Coast Guard] 
Commandant may establish and operate one or more centers of 
expertise for prevention and response missions of the Coast 
Guard (in this section referred to as a ``center'').
  (b) Missions.--Any center established under subsection (a) 
shall--
          (1) promote, facilitate, and conduct--
                  (A) education;
                  (B) training; and
                  (C) activities authorized under section 
                93(a)(4);
          (2) be a repository of information on operations, 
        practices, and resources related to the mission for 
        which the center was established; and
          (3) perform and support the mission for which the 
        center was established.
  (c) Joint Operation With Educational Institution 
Authorized.--The Commandant may enter into an agreement with an 
appropriate official of an institution of higher education to--
          (1) provide for joint operation of a center; and
          (2) provide necessary administrative services for a 
        center, including administration and allocation of 
        funds.
  (d) Acceptance of Donations.--
          (1) Except as provided in paragraph (2), the 
        Commandant may accept, on behalf of a center, donations 
        to be used to defray the costs of the center or to 
        enhance the operation of the center. Those donations 
        may be accepted from any State or local government, any 
        foreign government, any foundation or other charitable 
        organization (including any that is organized or 
        operates under the laws of a foreign country), or any 
        individual.
          (2) The Commandant may not accept a donation under 
        paragraph (1) if the acceptance of the donation would 
        compromise or appear to compromise--
                  (A) the ability of the Coast Guard or the 
                department in which the Coast Guard is 
                operating, any employee of the Coast Guard or 
                the department, or any member of the Armed 
                Forces to carry out any responsibility or duty 
                in a fair and objective manner; or
                  (B) the integrity of any program of the Coast 
                Guard, the department in which the Coast Guard 
                is operating, or of any person involved in such 
                a program.
          (3) The Commandant shall prescribe written guidance 
        setting forth the criteria to be used in determining 
        whether or not the acceptance of a donation from a 
        foreign source would have a result described in 
        paragraph (2).

           *       *       *       *       *       *       *


Sec. 60. Training course on workings of Congress

  (a) In General.--Not later than 180 days after the date of 
the enactment of the Coast Guard Authorization Act of 2016, the 
Commandant, in consultation with the Superintendent of the 
Coast Guard Academy and such other individuals and 
organizations as the Commandant considers appropriate, shall 
develop a training course on the workings of the Congress and 
offer that training course at least once each year.
  (b) Course Subject Matter.--The training course required by 
this section shall provide an overview and introduction to the 
Congress and the Federal legislative process, including--
          (1) the history and structure of the Congress and the 
        committee systems of the House of Representatives and 
        the Senate, including the functions and 
        responsibilities of the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate;
          (2) the documents produced by the Congress, including 
        bills, resolutions, committee reports, and conference 
        reports, and the purposes and functions of those 
        documents;
          (3) the legislative processes and rules of the House 
        of Representatives and the Senate, including 
        similarities and differences between the two processes 
        and rules, including--
                  (A) the congressional budget process;
                  (B) the congressional authorization and 
                appropriation processes;
                  (C) the Senate advice and consent process for 
                Presidential nominees;
                  (D) the Senate advice and consent process for 
                treaty ratification;
          (4) the roles of Members of Congress and 
        congressional staff in the legislative process; and
          (5) the concept and underlying purposes of 
        congressional oversight within our governance framework 
        of separation of powers.
  (c) Lecturers and Panelists.--
          (1) Outside experts.--The Commandant shall ensure 
        that not less than 60 percent of the lecturers, 
        panelists, and other individuals providing education 
        and instruction as part of the training course required 
        by this section are experts on the Congress and the 
        Federal legislative process who are not employed by the 
        executive branch of the Federal Government.
          (2) Authority to accept pro bono services.--In 
        satisfying the requirement under paragraph (1), the 
        Commandant shall seek, and may accept, educational and 
        instructional services of lecturers, panelists, and 
        other individuals and organizations provided to the 
        Coast Guard on a pro bono basis.
  [(d) Completion of Required Training.--
          [(1) Current flag officers and employees.--A Coast 
        Guard flag officer appointed or assigned to a billet in 
        the National Capital Region on the date of the 
        enactment of this section, and a Coast Guard Senior 
        Executive Service employee employed in the National 
        Capital Region on the date of the enactment of this 
        section, shall complete a training course that meets 
        the requirements of this section within 60 days after 
        the date on which the Commandant completes the 
        development of the training course.
          [(2) New flag officers and employees.--A Coast Guard 
        flag officer who is newly appointed or assigned to a 
        billet in the National Capital Region, and a Coast 
        Guard Senior Executive Service employee who is newly 
        employed in the National Capital Region, shall complete 
        a training course that meets the requirements of this 
        section not later than 60 days after reporting for 
        duty.]
  (d) Completion of Required Training.--A Coast Guard flag 
officer who is newly appointed or assigned to a billet in the 
National Capital Region, and a Coast Guard Senior Executive 
Service employee who is newly employed in the National Capital 
Region, shall complete a training course that meets the 
requirements of this section not later than 60 days after 
reporting for duty.

           *       *       *       *       *       *       *


CHAPTER 5--FUNCTIONS AND POWERS

           *       *       *       *       *       *       *


Sec. 90. Arctic maritime transportation

  (a) Purpose.--The purpose of this section is to ensure safe 
and secure maritime shipping in the Arctic including the 
availability of aids to navigation, vessel escorts, spill 
response capability, and maritime search and rescue in the 
Arctic.
  (b) International Maritime Organization Agreements.--To carry 
out the purpose of this section, the Secretary is encouraged to 
enter into negotiations through the International Maritime 
Organization to conclude and execute agreements to promote 
coordinated action among the United States, Russia, Canada, 
Iceland, Norway, and Denmark and other seafaring and Arctic 
nations to ensure, in the Arctic--
          (1) placement and maintenance of aids to navigation;
          (2) appropriate marine safety, tug, and salvage 
        capabilities;
          (3) oil spill prevention and response capability;
          (4) maritime domain awareness, including long-range 
        vessel tracking; and
          (5) search and rescue.
  (c) Coordination by Committee on the Maritime Transportation 
System.--The Committee on the Maritime Transportation System 
established under section 55501 of title 46, United States 
Code, shall coordinate the establishment of domestic 
transportation policies in the Arctic necessary to carry out 
the purpose of this section.
  (d) Agreements and Contracts.--The Secretary may, subject to 
the availability of appropriations, enter into cooperative 
agreements, contracts, or other agreements with, or make grants 
to, individuals and governments to carry out the purpose of 
this section or any agreements established under subsection 
(b).
  (e) Icebreaking.--The Secretary shall promote safe maritime 
navigation by means of icebreaking where necessary, feasible, 
and effective to carry out the purposes of this section.
  (f) Arctic Definition.--In this section, the term ``Arctic'' 
[?] has the meaning given such term in section 112 of the 
Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).

           *       *       *       *       *       *       *


Sec. 92. Secretary; general powers

  For the purpose of executing the duties and functions of the 
Coast Guard the Secretary may within the limits of 
appropriations made therefor:
  (a) establish, change the limits of, consolidate, 
discontinue, and re-establish Coast Guard districts;
  (b) arrange with the Secretaries of the Army, Navy and Air 
Force to assign members of the Coast Guard to any school 
maintained by the Army, Navy, and Air Force, for instruction 
and training, including aviation schools;
  (c) construct, or cause to be constructed, Coast Guard shore 
establishments;
  (d) design or cause to be designed, cause to be constructed, 
accept as gift, or otherwise acquire vessels, and subject to 
applicable regulations under subtitle I of title 40 and 
division C (except sections 3302, 3501(b), 3509, 3906, 4710, 
and 4711) of subtitle I of title 41 dispose of them;
  [(f)] (e) acquire land or interests in land, including 
acceptance of gifts thereof, where required for the purpose of 
carrying out any project or purpose for which an appropriation 
has been made;
  [(g)] (f) exchange land or interests in land in part or in 
full payment for such other land or interests in land as may be 
necessary or desirable, the balance of such part payment to be 
defrayable in accordance with other provisions of this section;
  [(h)] (g) exercise any of the powers vested by this title in 
the Commandant in any case in which the Secretary deems it 
appropriate; and
  [(i)] (h) do any and all things necessary to carry out the 
purposes of this title.

Sec. 93. Commandant; general powers

  (a) For the purpose of executing the duties and functions of 
the Coast Guard the Commandant may:
          (1) maintain water, land, and air patrols, and ice-
        breaking facilities;
          (2) establish and prescribe the purpose of, change 
        the location of, consolidate, discontinue, re-
        establish, maintain, operate, and repair Coast Guard 
        shore establishments;
          (3) assign vessels, aircraft, vehicles, aids to 
        navigation, equipment, appliances, and supplies to 
        Coast Guard districts and shore establishments, and 
        transfer any of the foregoing from one district or 
        shore establishment to another;
          (4) conduct experiments and investigate, or cause to 
        be investigated, plans, devices, and inventions 
        relating to the performance of any Coast Guard 
        function, including research, development, test, or 
        evaluation related to intelligence systems and 
        capabilities;
          (5) conduct any investigations or studies that may be 
        of assistance to the Coast Guard in the performance of 
        any of its powers, duties, or functions;
          (6) collect, publish, and distribute information 
        concerning Coast Guard operations;
          (7) conduct or make available to personnel of the 
        Coast Guard, and to eligible spouses as defined under 
        section 542, such specialized training and courses of 
        instruction, including correspondence courses and the 
        textbooks, manuals, and other materials required as 
        part of such training or course of instruction, as may 
        be necessary or desirable for the good of the service;
          (8) design or cause to be designed, cause to be 
        constructed, accept as gift, or otherwise acquire 
        patrol boats and other small craft, equip, operate, 
        maintain, supply, and repair such patrol boats, other 
        small craft, aircraft, and vehicles, and subject to 
        applicable regulations under subtitle I of title 40 and 
        division C (except sections 3302, 3501(b), 3509, 3906, 
        4710, and 4711) of subtitle I of title 41 dispose of 
        them;
          (9) acquire, accept as gift, maintain, repair, and 
        discontinue aids to navigation, appliances, equipment, 
        and supplies;
          (10) equip, operate, maintain, supply, and repair 
        Coast Guard districts and shore establishments;
          (11) establish, equip, operate, and maintain shops, 
        depots, and yards for the manufacture and construction 
        of aids to navigation, equipment, apparatus, vessels, 
        vehicles, and aircraft not normally or economically 
        obtainable from private contractors, and for the 
        maintenance and repair of any property used by the 
        Coast Guard;
          (12) accept and utilize, in times of emergency in 
        order to save life or protect property, such voluntary 
        services as may be offered to the Coast Guard;
          (13) rent or lease, under such terms and conditions 
        as are deemed advisable, for a period not exceeding 
        five years, such real property under the control of the 
        Coast Guard as may not be required for immediate use by 
        the Coast Guard, the monies received from any such 
        rental or lease, less amount of expenses incurred 
        (exclusive of governmental personal services), to be 
        deposited in the fund established under section 687;
          (14) grant, under such terms and conditions as are 
        deemed advisable, permits, licenses, easements, and 
        rights-of-way over, across, in, and upon lands under 
        the control of the Coast Guard when in the public 
        interest and without substantially injuring the 
        interests of the United States in the property thereby 
        affected;
          (15) establish, install, abandon, re-establish, 
        reroute, operate, maintain, repair, purchase, or lease 
        such telephone and telegraph lines and cables, together 
        with all facilities, apparatus, equipment, structures, 
        appurtenances, accessories, and supplies used or useful 
        in connection with the installation, operation, 
        maintenance, or repair of such lines and cables, 
        including telephones in residences leased or owned by 
        the Government of the United States when appropriate to 
        assure efficient response to extraordinary operational 
        contingencies of a limited duration, and acquire such 
        real property rights of way, easements, or attachment 
        privileges as may be required for the installation, 
        operation, and maintenance of such lines, cables, and 
        equipment;
          (16) establish, install, abandon, reestablish, change 
        the location of, operate, maintain, and repair radio 
        transmitting and receiving stations;
          (17) provide medical and dental care for personnel 
        entitled thereto by law or regulation, including care 
        in private facilities;
          (18) accept, under terms and conditions the 
        Commandant establishes, the service of an individual 
        ordered to perform community service under the order of 
        a Federal, State, or municipal court;
          (19) notwithstanding any other law, enter into 
        cooperative agreements with States, local governments, 
        non-governmental organizations, and individuals, to 
        accept and utilize voluntary services for the 
        maintenance and improvement of natural and historic 
        resources on, or to benefit natural and historic 
        research on, Coast Guard facilities, subject to the 
        requirement that--
                  (A) the cooperative agreements shall each 
                provide for the parties to contribute funds or 
                services on a matching basis to defray the 
                costs of such programs, projects, and 
                activities under the agreement; and
                  (B) a person providing voluntary services 
                under this subsection shall not be considered a 
                Federal employee except for purposes of chapter 
                81 of title 5, United States Code, with respect 
                to compensation for work-related injuries, and 
                chapter 171 of title 28, United States Code, 
                with respect to tort claims;
          (20) enter into cooperative agreements with other 
        Government agencies and the National Academy of 
        Sciences;
          (21) require that any member of the Coast Guard or 
        Coast Guard Reserve (including a cadet or an applicant 
        for appointment or enlistment to any of the foregoing 
        and any member of a uniformed service who is assigned 
        to the Coast Guard) request that all information 
        contained in the National Driver Register pertaining to 
        the individual, as described in section 30304(a) of 
        title 49, be made available to the Commandant under 
        [section 30305(a)] section 30305(b)(7) of title 49, may 
        receive that information, and upon receipt, shall make 
        the information available to the individual;
          (22) provide for the honorary recognition of 
        individuals and organizations that significantly 
        contribute to Coast Guard programs, missions, or 
        operations, including State and local governments and 
        commercial and nonprofit organizations, and pay for, 
        using any appropriations or funds available to the 
        Coast Guard, plaques, medals, trophies, badges, and 
        similar items to acknowledge such contribution 
        (including reasonable expenses of ceremony and 
        presentation);
          (23) rent or lease, under such terms and conditions 
        as are considered by the Secretary to be advisable, 
        commercial vehicles to transport the next of kin of 
        eligible retired Coast Guard military personnel to 
        attend funeral services of the service member at a 
        national cemetery;
          (24) after informing the Secretary, make such 
        recommendations to the Congress relating to the Coast 
        Guard as the Commandant considers appropriate; and
          (25) enter into cooperative agreements, contracts, 
        and other agreements with Federal entities and other 
        public or private entities, including academic 
        entities, to develop a positioning, navigation, and 
        timing system to provide redundant capability in the 
        event Global Positioning System signals are disrupted, 
        which may consist of an enhanced LORAN system.
  (b)(1) Notwithstanding subsection (a)(13), a lease described 
in paragraph (2) of this subsection may be for a term of up to 
20 years.
          (2) A lease referred to in paragraph (1) is a lease--
                  (A) to the United States Coast Guard Academy 
                Alumni Association for the construction of an 
                Alumni Center on the grounds of the United 
                States Coast Guard Academy; or
                  (B) to an entity with which the Commandant 
                has a cooperative agreement under section 4(e) 
                of the Ports and Waterways Safety Act, and for 
                which a term longer than 5 years is necessary 
                to carry out the agreement.
  (c) Marine Safety Responsibilities.--In exercising the 
Commandant's duties and responsibilities with regard to marine 
safety, the individual with the highest rank who meets the 
experience qualifications set forth in section 50(a)(3) shall 
serve as the principal advisor to the Commandant regarding--
          (1) the operation, regulation, inspection, 
        identification, manning, and measurement of vessels, 
        including plan approval and the application of load 
        lines;
          (2) approval of materials, equipment, appliances, and 
        associated equipment;
          (3) the reporting and investigation of marine 
        casualties and accidents;
          (4) the licensing, certification, documentation, 
        protection and relief of merchant seamen;
          (5) suspension and revocation of licenses and 
        certificates;
          (6) enforcement of manning requirements, citizenship 
        requirements, control of log books;
          (7) documentation and numbering of vessels;
          (8) State boating safety programs;
          (9) commercial instruments and maritime liens;
          (10) the administration of bridge safety;
          (11) administration of the navigation rules;
          (12) the prevention of pollution from vessels;
          (13) ports and waterways safety;
          (14) waterways management; including regulation for 
        regattas and marine parades;
          (15) aids to navigation; and
          (16) other duties and powers of the Secretary related 
        to marine safety and stewardship.
  (d) Other Authority Not Affected.--Nothing in subsection (c) 
affects--
          (1) the authority of Coast Guard officers and members 
        to enforce marine safety regulations using authority 
        under section 89 of this title; or
          (2) the exercise of authority under section 91 of 
        this title and the provisions of law codified at 
        sections 191 through 195 of title 50 on the date of 
        enactment of this paragraph.
  (e) Operation and Maintenance of Coast Guard Assets and 
Facilities.--All authority, including programmatic budget 
authority, for the operation and maintenance of Coast Guard 
vessels, aircraft, systems, aids to navigation, infrastructure, 
and other assets or facilities shall be allocated to and vested 
in the Coast Guard and the department in which the Coast Guard 
is operating.
  (f) Leasing of Tidelands and Submerged Lands.--
          (1) Authority.--The Commandant may lease under 
        subsection (a)(13) submerged lands and tidelands under 
        the control of the Coast Guard without regard to the 
        limitation under that subsection with respect to lease 
        duration.
          (2) Limitation.--The Commandant may lease submerged 
        lands and tidelands under paragraph (1) only if--
                  (A) the lease is for cash exclusively;
                  (B) the lease amount is equal to the fair 
                market value of the use of the leased submerged 
                lands or tidelands for the period during which 
                such lands are leased, as determined by the 
                Commandant;
                  (C) the lease does not provide authority to 
                or commit the Coast Guard to use or support any 
                improvements to such submerged lands and 
                tidelands, or obtain goods and services from 
                the lessee; and
                  (D) proceeds from the lease are deposited in 
                the Coast Guard Housing Fund established under 
                section 687.

           *       *       *       *       *       *       *


Sec. 101. Appeals and waivers

  Except for the [Commandant of the Coast Guard] Commandant, 
any individual adjudicating an appeal or waiver of a decision 
regarding marine safety, including inspection or manning and 
threats to the environment, shall--
          (1) be a qualified specialist with the training, 
        experience, and qualifications in marine safety to 
        effectively judge the facts and circumstances involved 
        in the appeal and make a judgment regarding the merits 
        of the appeal; or
          (2) have a senior staff member who--
                  (A) meets the requirements of paragraph (1);
                  (B) actively advises the individual 
                adjudicating the appeal; and
                  (C) concurs in writing on the decision on 
                appeal.

           *       *       *       *       *       *       *


CHAPTER 7--COOPERATION WITH OTHER AGENCIES

           *       *       *       *       *       *       *


Sec. 144. Department of the Army and Department of the Air Force

  (a) The Secretary of the Army or the Secretary of the Air 
Force at the request of the Secretary may, with or without 
reimbursement for the cost thereof, as agreed, receive members 
of the Coast Guard for instruction in any school, including any 
aviation school, maintained by the Army or the Air Force, and 
such members shall be subject to the regulations governing such 
schools.
  (b) Officers and [enlisted men] enlisted members of the Coast 
Guard shall be permitted to purchase quartermaster supplies 
from the Army at the same price as is charged the officers and 
[enlisted men] enlisted members of the Army.
  (c) Articles of ordnance property may be sold by the 
Secretary of the Army to officers of the Coast Guard for their 
use in the public service in the same manner as these articles 
are sold to officers of the Army.

Sec. 145. Navy Department

  (a) The Secretary of the Navy, at the request of the 
Secretary may, with or without reimbursement for the cost 
thereof, as agreed:
          (1) build any vessel for the Coast Guard at such Navy 
        yards as the Secretary of the Navy may designate;
          (2) receive members of the Coast Guard for 
        instruction in any school, including any aviation 
        school maintained by the Navy, and such members shall 
        be subject to the regulations governing such schools;
          (3) permit personnel of the Coast Guard and their 
        dependents to occupy any public quarters maintained by 
        the Navy and available for the purpose; and
          (4) detail personnel from the Chaplain Corps to 
        provide services, pursuant to section 1789 of title 10, 
        to the Coast Guard.
  (b) Officers and [enlisted men] enlisted members of the Coast 
Guard shall be permitted to purchase quartermaster supplies 
from the Navy and the Marine Corps at the same price as is 
charged the officers and [enlisted men] enlisted members of the 
Navy and Marine Corps.
  (c) When the Coast Guard is operating in the Department of 
Homeland Security, the Secretary shall provide for such 
peacetime training and planning of reserve strength and 
facilities as is necessary to insure an organized, manned, and 
equipped Coast Guard when it is required for wartime operation 
in the Navy. To this end, the Secretary of the Navy for the 
Navy, and the Secretary of Homeland Security, for the Coast 
Guard, may from time to time exchange such information, make 
available to each other such personnel, vessels, facilities, 
and equipment, and agree to undertake such assignments and 
functions for each other as they may agree are necessary and 
advisable.
  (d)(1) As part of the services provided by the Secretary of 
the Navy pursuant to subsection (a)(4), the Secretary may 
provide support services to chaplain-led programs to assist 
members of the Coast Guard on active duty and their dependents, 
and members of the reserve component in an active status and 
their dependents, in building and maintaining a strong family 
structure.
          (2) In this subsection, the term ``support services'' 
        include transportation, food, lodging, child care, 
        supplies, fees, and training materials for members of 
        the Coast Guard on active duty and their dependents, 
        and members of the reserve component in an active 
        status and their dependents, while participating in 
        programs referred to in paragraph (1), including 
        participation at retreats and conferences.
          (3) In this subsection, the term ``dependents'' has 
        the same meaning as defined in section 1072(2) of title 
        10.

           *       *       *       *       *       *       *


CHAPTER 9--COAST GUARD ACADEMY

           *       *       *       *       *       *       *


Sec. 196. Participation in Federal, State, or other educational 
                    research grants

  (a) In General.--Notwithstanding any other provision of law, 
the United States Coast Guard Academy may compete for and 
accept Federal, State, or other educational research grants, 
subject to the following limitations:
          (1) No award may be accepted for the acquisition or 
        construction of facilities.
          (2) No award may be accepted for the routine 
        functions of the Academy.
  (b) Qualified Organizations.--
          (1) In general.--The [Commandant of the Coast Guard] 
        Commandant may--
                  (A) enter into a contract, cooperative 
                agreement, lease, or licensing agreement with a 
                qualified organization;
                  (B) allow a qualified organization to use, at 
                no cost, personal property of the Coast Guard; 
                and
                  (C) notwithstanding section 93, accept funds, 
                supplies, and services from a qualified 
                organization.
          (2) Sole-source basis.--Notwithstanding chapter 65 of 
        title 31 and chapter 137 of title 10, the Commandant 
        may enter into a contract or cooperative agreement 
        under paragraph (1)(A) on a sole-source basis.
          (3) Maintaining fairness, objectivity, and 
        integrity.--The Commandant shall ensure that 
        contributions under this subsection do not--
                  (A) reflect unfavorably on the ability of the 
                Coast Guard, any of its employees, or any 
                member of the armed forces to carry out any 
                responsibility or duty in a fair and objective 
                manner; or
                  (B) compromise the integrity or appearance of 
                integrity of any program of the Coast Guard, or 
                any individual involved in such a program.
          (4) Limitation.--For purposes of this subsection, 
        employees or personnel of a qualified organization 
        shall not be employees of the United States.
          (5) Qualified organization defined.--In this 
        subsection the term ``qualified organization'' means an 
        organization--
                  (A) described under section 501(c)(3) of the 
                Internal Revenue Code of 1986 and exempt from 
                taxation under section 501(a) of that Code; and
                  (B) established by the Coast Guard Academy 
                Alumni Association solely for the purpose of 
                supporting academic research and applying for 
                and administering Federal, State, or other 
                educational research grants on behalf of the 
                Coast Guard Academy.

           *       *       *       *       *       *       *


Sec. 199. Marine safety curriculum

  The [Commandant of the Coast Guard] Commandant shall ensure 
that professional courses of study in marine safety are 
provided at the Coast Guard Academy, and during other officer 
accession programs, to give Coast Guard cadets and other 
officer candidates a background and understanding of the marine 
safety program. These courses may include such topics as 
program history, vessel design and construction, vessel 
inspection, casualty investigation, and administrative law and 
regulations.

Sec. 200. Policy on sexual harassment and sexual violence

  (a) Required Policy.--The [Commandant of the Coast Guard] 
Commandant shall direct the Superintendent of the Coast Guard 
Academy to prescribe a policy on sexual harassment and sexual 
violence applicable to the cadets and other personnel of the 
Academy.
  (b) Matters To Be Specified in Policy.--The policy on sexual 
harassment and sexual violence under this section shall include 
specification of the following:
          (1) Programs to promote awareness of the incidence of 
        rape, acquaintance rape, and other sexual offenses of a 
        criminal nature that involve cadets or other Academy 
        personnel.
          (2) Information about how the Coast Guard and the 
        Academy will protect the confidentiality of victims of 
        sexual harassment or sexual violence, including how any 
        records, statistics, or reports intended for public 
        release will be formatted such that the confidentiality 
        of victims is not jeopardized.
          (3) Procedures that cadets and other Academy 
        personnel should follow in the case of an occurrence of 
        sexual harassment or sexual violence, including--
                  (A) if the victim chooses to report an 
                occurrence of sexual harassment or sexual 
                violence, a specification of the person or 
                persons to whom the alleged offense should be 
                reported and options for confidential 
                reporting, including written information to be 
                given to victims that explains how the Coast 
                Guard and the Academy will protect the 
                confidentiality of victims;
                  (B) a specification of any other person whom 
                the victim should contact; and
                  (C) procedures on the preservation of 
                evidence potentially necessary for proof of 
                criminal sexual assault.
          (4) Procedures for disciplinary action in cases of 
        criminal sexual assault involving a cadet or other 
        Academy personnel.
          (5) Sanctions authorized to be imposed in a 
        substantiated case of sexual harassment or sexual 
        violence involving a cadet or other Academy personnel, 
        including with respect to rape, acquaintance rape, or 
        other criminal sexual offense, whether forcible or 
        nonforcible.
          (6) Required training on the policy for all cadets 
        and other Academy personnel who process allegations of 
        sexual harassment or sexual violence involving a cadet 
        or other Academy personnel.
  (c) Assessment.--
          (1) In general.--The Commandant shall direct the 
        Superintendent to conduct at the Academy during each 
        Academy program year an assessment to determine the 
        effectiveness of the policies of the Academy with 
        respect to sexual harassment and sexual violence 
        involving cadets or other Academy personnel.
          (2) Biennial survey.--For the assessment at the 
        Academy under paragraph (1) with respect to an Academy 
        program year that begins in an odd-numbered calendar 
        year, the Superintendent shall conduct a survey of 
        cadets and other Academy personnel--
                  (A) to measure--
                          (i) the incidence, during that 
                        program year, of sexual harassment and 
                        sexual violence events, on or off the 
                        Academy reservation, that have been 
                        reported to an official of the Academy; 
                        and
                          (ii) the incidence, during that 
                        program year, of sexual harassment and 
                        sexual violence events, on or off the 
                        Academy reservation, that have not been 
                        reported to an official of the Academy; 
                        and
                  (B) to assess the perceptions of the cadets 
                and other Academy personnel with respect to--
                          (i) the Academy's policies, training, 
                        and procedures on sexual harassment and 
                        sexual violence involving cadets or 
                        other Academy personnel;
                          (ii) the enforcement of such 
                        policies;
                          (iii) the incidence of sexual 
                        harassment and sexual violence 
                        involving cadets or other Academy 
                        personnel; and
                          (iv) any other issues relating to 
                        sexual harassment and sexual violence 
                        involving cadets or other Academy 
                        personnel.
  (d) Report.--
          (1) In general.--The Commandant shall direct the 
        Superintendent to submit to the Commandant a report on 
        sexual harassment and sexual violence involving cadets 
        or other Academy personnel for each Academy program 
        year.
          (2) Report specifications.--Each report under 
        paragraph (1) shall include, for the Academy program 
        year covered by the report, the following:
                  (A) The number of sexual assaults, rapes, and 
                other sexual offenses involving cadets or other 
                Academy personnel that have been reported to 
                Academy officials during the Academy program 
                year and, of those reported cases, the number 
                that have been substantiated.
                  (B) A plan for the actions that are to be 
                taken in the following Academy program year 
                regarding prevention of and response to sexual 
                harassment and sexual violence involving cadets 
                or other Academy personnel.
          (3) Biennial survey.--Each report under paragraph (1) 
        for an Academy program year that begins in an odd-
        numbered calendar year shall include the results of the 
        survey conducted in that Academy program year under 
        subsection (c)(2).
          (4) Transmission of report.--The Commandant shall 
        transmit each report received by the Commandant under 
        this subsection, together with the Commandant's 
        comments on the report, to--
                  (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                  (B) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
          (5) Focus groups.--
                  (A) In general.--For each Academy program 
                year with respect to which the Superintendent 
                is not required to conduct a survey at the 
                Academy under subsection (c)(2), the Commandant 
                shall require focus groups to be conducted at 
                the Academy for the purposes of ascertaining 
                information relating to sexual assault and 
                sexual harassment issues at the Academy.
                  (B) Inclusion in reports.--Information 
                derived from a focus group under subparagraph 
                (A) shall be included in the next transmitted 
                Commandant's report under this subsection.
  (e) Victim Confidentiality.--To the extent that information 
collected under the authority of this section is reported or 
otherwise made available to the public, such information shall 
be provided in a form that is consistent with applicable 
privacy protections under Federal law and does not jeopardize 
the confidentiality of victims.

           *       *       *       *       *       *       *


CHAPTER 11--PERSONNEL

           *       *       *       *       *       *       *


SUBCHAPTER --OFFICERS

           *       *       *       *       *       *       *


           *       *       *       *       *       *       *


Sec. 290. Rear admirals and rear admirals (lower half); continuation on 
                    active duty; involuntary retirement

  (a) The Secretary shall from time to time convene boards to 
recommend for continuation on active duty the most senior 
officers on the active duty promotion list serving in the grade 
of rear admiral (lower half) or rear admiral who have not 
previously been considered for continuation in that grade. 
[Officers, other than the Commandant, serving] Officers serving 
for the time being or who have served in or above the grade of 
vice admiral are not subject to consideration for continuation 
under this subsection, and as to all other provisions of this 
section shall be considered as having been continued at the 
grade of rear admiral. A board shall consist of at least 5 
officers (other than the Commandant) serving in the grade of 
admiral or vice admiral or as rear admirals previously 
continued. Boards shall be convened frequently enough to assure 
that each officer serving in the grade of rear admiral (lower 
half) or rear admiral is subject to consideration for 
continuation during a promotion year in which that officer 
completes not less than four or more than five years combined 
service in the grades of rear admiral (lower half) and rear 
admiral.
  (b) The Secretary shall, based upon the needs of the service, 
furnish each board convened under this section with the number 
of officers to be considered for continuation on active duty. 
The number that may be recommended for continuation shall be 
not less than 50 per centum or more than 75 per centum of the 
number of officers being considered for continuation.
  (c) The provisions of sections 253, 254, 258, and 260 of this 
title relating to selection and continuation boards shall to 
the extent they are not inconsistent with the provisions of 
this section, apply to boards convened under this section.
  (d) A board convened under this section shall submit its 
report to the Secretary. If the board has acted contrary to law 
or regulation, the Secretary may return the report for 
proceedings in revision and resubmission to the Secretary. 
After final review the Secretary shall submit the report of the 
board to the President for approval.
  (e) Each officer who is considered but not continued on 
active duty under the provisions of this section shall, unless 
retired under some other provision of law, be retired on July 1 
of the promotion year immediately following the promotion year 
in which the report of the continuation board convened under 
this section is approved.
  (f)(1) Unless retired under another provision of law, each 
officer who is continued on active duty under this section 
shall, except as provided in paragraph (2), be retired on July 
1 of the promotion year immediately following the promotion 
year in which that officer completes seven years of combined 
service in the grades of rear admiral (lower half) and rear 
admiral, unless that officer is selected for or serving in the 
grade of admiral or vice admiral or the position of 
Superintendent of the Coast Guard Academy.
          (2) The Commandant, with the approval of the 
        Secretary, may by annual action retain on active duty 
        from promotion year to promotion year any officer who 
        would otherwise be retired under paragraph (1). Unless 
        selected for or serving in the grade of admiral or vice 
        admiral or the position of Superintendent of the Coast 
        Guard Academy, or retired under another provision of 
        law, an officer so retained shall be retired on July 1 
        of the promotion year immediately following the 
        promotion year in which no action is taken to further 
        retain that officer under this paragraph.
  (g)(1) Unless retired under another provision of law, an 
officer subject to this section shall, except as provided in 
paragraph (2), be retired on July 1 of the promotion year 
immediately following the promotion year in which that officer 
completes a total of thirty-six years of active commissioned 
service unless selected for or serving in the grade of admiral.
          (2) The Commandant, with the approval of the 
        Secretary, may by annual action retain on active duty 
        from promotion year to promotion year any officer who 
        would otherwise be retired under paragraph (1). Unless 
        selected for or serving in the grade of admiral or 
        retired under another provision of law, an officer so 
        retained shall be retired on July 1 of the promotion 
        year immediately following the promotion year in which 
        no action is taken to further retain that officer under 
        this paragraph.

           *       *       *       *       *       *       *


SUBCHAPTER --ENLISTED MEMBERS

           *       *       *       *       *       *       *


Sec. 351. Enlistments; term, grade

  (a) Under regulations prescribed by the Secretary, the 
Commandant may enlist persons for the duration of their 
minority or a period of at least two years but not more than 
six years.
  (b) The Secretary shall prescribe the grades or ratings for 
persons enlisting in the Regular Coast Guard.

           *       *       *       *       *       *       *


SUBCHAPTER --GENERAL PROVISIONS

           *       *       *       *       *       *       *


Sec. 423. Computation of retired pay

  (a)(1) The retired pay of a member who first became a member 
of a uniformed service (as defined in section 101 of title 10) 
before September 8, 1980, is determined by multiplying--
                  (A) the sum of--
                          (i) the basic pay of the member's 
                        retired grade or rate, and
                          (ii) all permanent additions thereto 
                        including longevity credit to which the 
                        member was entitled at the time of 
                        retirement; by
                  (B) the retired pay multiplier determined 
                under section 1409 of title 10 for the number 
                of years of service that may be credited to the 
                member under section 1405 of such title.
          (2) In the case of an officer who served as 
        [Commandant of the Coast Guard] Commandant, retired pay 
        under paragraph (1) shall be computed at the highest 
        rate of basic pay applicable to the officer while so 
        serving.
          (3) In the case of an enlisted member who served as 
        the master chief petty officer of the Coast Guard, 
        retired pay under paragraph (1) shall be computed at 
        the highest rate of basic pay to which the member was 
        entitled while so serving, if that basic pay is greater 
        than the basic pay of the grade or rate to which the 
        member is otherwise entitled at the time of retirement.
          (4) In the case of an officer whose retired pay is 
        computed on the pay of a grade for which basic pay is 
        not based upon years of service, retired pay under 
        paragraph (1) shall be computed on the basis of the 
        number of years of service for which the officer would 
        be entitled to credit in the computation of pay on the 
        active list had the officer been serving in the grade 
        of captain at the time of retirement.
  (b) The retired pay of a member who first became a member of 
a uniformed service (as defined in section 101 of title 10) on 
or after September 8, 1980, is determined by multiplying--
          (1) the retired pay base determined under section 
        1407 of title 10; by
          (2) the retired pay multiplier determined under 
        section 1409 of title 10 for the number of years of 
        service that may be credited to the member under 
        section 1405 of such title.
  (c)(1) In computing for the purpose of subsection (a) or (b) 
the number of years of service that may be credited to a member 
under section 1405 of title 10--
                  (A) each full month of service that is in 
                addition to the number of full years of service 
                creditable to the member shall be counted as 
                1/12 of a year; and
                  (B) any remaining fractional part of a month 
                shall be disregarded.
          (2) Retired pay computed under this section, if not a 
        multiple of $1, shall be rounded to the next lower 
        multiple of $1.

           *       *       *       *       *       *       *


Sec. 429. Multirater assessment of certain personnel

  (a) Multirater Assessment of Certain Personnel.--
          (1) In general.--Commencing not later than one year 
        after the date of the enactment of the Coast Guard 
        Authorization Act of 2016, the [Commandant of the Coast 
        Guard] Commandant shall develop and implement a plan to 
        conduct every two years a multirater assessment for 
        each of the following:
                  (A) Each flag officer of the Coast Guard.
                  (B) Each member of the Senior Executive 
                Service of the Coast Guard.
                  (C) Each officer of the Coast Guard nominated 
                for promotion to the grade of flag officer.
          (2) Post-assessment elements.--Following an 
        assessment of an individual pursuant to paragraph (1), 
        the individual shall be provided appropriate post-
        assessment counseling and leadership coaching.
  (b) Multirater Assessment Defined.--In this section, the term 
``multirater assessment'' means a review that seeks opinion 
from members senior to the reviewee and the peers and 
subordinates of the reviewee.

           *       *       *       *       *       *       *


                        CHAPTER 15--ACQUISITIONS

               SUBCHAPTER SUBCHAPTER I--GENERAL PROVISIONS

Sec.
561. Acquisition directorate.
     * * * * * * *
[568. Guidance on excessive pass-through charges.]
     * * * * * * *

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec. 561. Acquisition directorate

  (a) Establishment.--The [Commandant of the Coast Guard] 
Commandant shall establish an acquisition directorate to 
provide guidance and oversight for the implementation and 
management of all Coast Guard acquisition processes, programs, 
and projects.
  (b) Mission.--The mission of the acquisition directorate is--
          (1) to acquire and deliver assets and systems that 
        increase operational readiness, enhance mission 
        performance, and create a safe working environment;
          (2) to assist in the development of a workforce that 
        is trained and qualified to further the Coast Guard's 
        missions and deliver the best-value products and 
        services to the Nation; and
          (3) to meet the needs of customers of major 
        acquisition programs in the most cost-effective manner 
        practicable.

           *       *       *       *       *       *       *


Sec. 565. Required contract terms

  (a) In General.--The Commandant shall ensure that a contract 
awarded or a delivery order or task order issued for an 
acquisition of a capability or an asset with an expected 
service life of 10 or more years and with a total acquisition 
cost that is equal to or exceeds $10,000,000 [awarded or issued 
by the Coast Guard after the date of enactment of the Coast 
Guard Authorization Act of 2010]--
          (1) provides that all certifications for an end-state 
        capability or asset under such contract, delivery 
        order, or task order, respectively, will be conducted 
        by the Commandant or an independent third party, and 
        that self-certification by a contractor or 
        subcontractor is not allowed;
          (2) provides that the Commandant shall maintain the 
        authority to establish, approve, and maintain technical 
        requirements;
          (3) requires that any measurement of contractor and 
        subcontractor performance be based on the status of all 
        work performed, including the extent to which the work 
        performed met all performance, cost, and schedule 
        requirements;
          (4) specifies that, for the acquisition or upgrade of 
        air, surface, or shore capabilities and assets for 
        which compliance with TEMPEST certification is a 
        requirement, the standard for determining such 
        compliance will be the air, surface, or shore standard 
        then used by the Department of the Navy for that type 
        of capability or asset; and
          (5) for any contract awarded to acquire an Offshore 
        Patrol Cutter, includes provisions specifying the 
        service life, fatigue life, and days underway in 
        general Atlantic and North Pacific Sea conditions, 
        maximum range, and maximum speed the cutter will be 
        built to achieve.
  (b) Prohibited Provisions.--
          (1) In general.--The Commandant shall ensure that any 
        contract awarded or delivery order or task order issued 
        by the Coast Guard [after the date of enactment of the 
        Coast Guard Authorization Act of 2010] does not include 
        any provision allowing for equitable adjustment that is 
        not consistent with the Federal Acquisition 
        Regulations.
          (2) Extension of program.--A contract, contract 
        modification, or award term extending a contract with a 
        lead systems integrator--
                  (A) may not include any minimum requirements 
                for the purchase of a given or determinable 
                number of specific capabilities or assets; and
                  (B) shall be reviewed by an independent third 
                party with expertise in acquisition management, 
                and the results of that review shall be 
                submitted to the appropriate congressional 
                committees at least 60 days prior to the award 
                of the contract, contract modification, or 
                award term.
  (c) Integrated Product Teams.--Integrated product teams, and 
all teams that oversee integrated product teams, shall be 
chaired by officers, members, or employees of the Coast Guard.
  (d) Technical Authority.--The Commandant shall maintain or 
designate the technical authority to establish, approve, and 
maintain technical requirements. Any such designation shall be 
made in writing and may not be delegated to the authority of 
the Chief Acquisition Officer established by section 56 of this 
title.

Sec. 566. Department of Defense consultation

  (a) In General.--The Commandant shall make arrangements as 
appropriate with the Secretary of Defense for support in 
contracting and management of Coast Guard acquisition programs. 
The Commandant shall also seek opportunities to make use of 
Department of Defense contracts, and contracts of other 
appropriate agencies, to obtain the best possible price for 
assets acquired for the Coast Guard.
  (b) Interservice Technical Assistance.--The Commandant shall 
seek to [enter into] maintain a memorandum of understanding or 
a memorandum of agreement with the Secretary of the Navy to 
obtain the assistance of the Office of the Assistant Secretary 
of the Navy for Research, Development, and Acquisition, 
including the Navy Systems Command, with the oversight of Coast 
Guard major acquisition programs. The memorandum of 
understanding or memorandum of agreement shall, at a minimum, 
provide for--
          (1) the exchange of technical assistance and support 
        that the Assistant Commandants for Acquisition, Human 
        Resources, Engineering, and Information technology may 
        identify;
          (2) the use, as appropriate, of Navy technical 
        expertise; and
          (3) the temporary assignment or exchange of personnel 
        between the Coast Guard and the Office of the Assistant 
        Secretary of the Navy for Research, Development, and 
        Acquisition, including Naval Systems Command, to 
        facilitate the development of organic capabilities in 
        the Coast Guard.
  (c) Technical Requirement Approval Procedures.--The Chief 
Acquisition Officer shall adopt, to the extent practicable, 
procedures modeled after those used by the Navy Senior 
Acquisition Official to approve all technical requirements.
  [(d) Assessment.--Within 180 days after the date of enactment 
of the Coast Guard Authorization Act of 2010, the Comptroller 
General of the United States shall transmit a report to the 
appropriate congressional committees that--
          [(1) contains an assessment of current Coast Guard 
        acquisition and management capabilities to manage Level 
        1 and Level 2 acquisitions;
          [(2) includes recommendations as to how the Coast 
        Guard can improve its acquisition management, either 
        through internal reforms or by seeking acquisition 
        expertise from the Department of Defense; and
          [(3) addresses specifically the question of whether 
        the Coast Guard can better leverage Department of 
        Defense or other agencies' contracts that would meet 
        the needs of Level 1 or Level 2 acquisitions in order 
        to obtain the best possible price.]

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[Sec. 568. Guidance on excessive pass-through charges

  [(a) In General.--Not later than 180 days after the date of 
enactment of the Coast Guard Authorization Act of 2010, the 
Commandant shall issue guidance to ensure that pass-through 
charges on contracts, subcontracts, delivery orders, and task 
orders that are entered into with a private entity acting as a 
lead systems integrator by or on behalf of the Coast Guard are 
not excessive in relation to the cost of work performed by the 
relevant contractor or subcontractor. The guidance shall, at a 
minimum--
          [(1) set forth clear standards for determining when 
        no, or negligible, value has been added to a contract 
        by a contractor or subcontractor;
          [(2) set forth procedures for preventing the payment 
        by the Government of excessive pass-through charges; 
        and
          [(3) identify any exceptions determined by the 
        Commandant to be in the best interest of the 
        Government.
  [(b) Excessive Pass-Through Charge Defined.--In this section 
the term ``excessive pass-through charge'', with respect to a 
contractor or subcontractor that adds no, or negligible, value 
to a contract or subcontract, means a charge to the Government 
by the contractor or subcontractor that is for overhead or 
profit on work performed by a lower tier contractor or 
subcontractor, other than reasonable charges for the direct 
costs of managing lower tier contractors and subcontracts and 
overhead and profit based on such direct costs.
  [(c) Application of Guidance.--The guidance under this 
subsection shall apply to contracts awarded to a private entity 
acting as a lead systems integrator by or on behalf of the 
Coast Guard on or after the date that is 360 days after the 
date of enactment of the Coast Guard Authorization Act of 
2010.]

Sec. 569. Mission need statement

  (a) In General.--On the date on which the President submits 
to Congress a budget [for fiscal year 2016] for fiscal year 
2019 under section 1105 of title 31[, on the date on which the 
President submits to Congress a budget for fiscal year 2019 
under such section,] and every 4 years thereafter, the 
Commandant shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate an integrated major acquisition mission need statement.
  (b) Definitions.--In this section, the following definitions 
apply:
          (1) Integrated major acquisition mission need 
        statement.--The term ``integrated major acquisition 
        mission need statement'' means a document that--
                  (A) identifies current and projected gaps in 
                Coast Guard mission capabilities using mission 
                hour targets;
                  (B) explains how each major acquisition 
                program addresses gaps identified under 
                subparagraph (A) if funded at the levels 
                provided for such program in the most recently 
                submitted capital investment plan; and
                  (C) describes the missions the Coast Guard 
                will not be able to achieve, by fiscal year, 
                for each gap identified under subparagraph (A).
          (2) Major acquisition program.--The term ``major 
        acquisition program'' has the meaning given that term 
        in section 2903.
          (3) Capital investment plan.--The term ``capital 
        investment plan'' means the plan required under section 
        2902(a)(1).

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SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES

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Sec. 575. Acquisition program baseline breach

  (a) In General.--The Commandant shall submit a report to the 
appropriate congressional committees and the Committee on 
Homeland Security of the House of Representatives as soon as 
possible, but not later than 30 days, after the Chief 
Acquisition Officer of the Coast Guard becomes aware of the 
breach of an acquisition program baseline for any Level 1 or 
Level 2 acquisition program, by--
          (1) a likely cost overrun greater than 15 percent of 
        the acquisition program baseline for that individual 
        capability or asset or a class of capabilities or 
        assets;
          (2) a likely delay of more than 180 days in the 
        delivery schedule for any individual capability or 
        asset or class of capabilities or assets; or
          (3) an anticipated failure for any individual 
        capability or asset or class of capabilities or assets 
        to satisfy any key performance threshold or parameter 
        under the acquisition program baseline.
  (b) Content.--The report submitted under subsection (a) shall 
include--
          (1) a detailed description of the breach and an 
        explanation of its cause;
          (2) the projected impact to performance, cost, and 
        schedule;
          (3) an updated acquisition program baseline and the 
        complete history of changes to the original acquisition 
        program baseline;
          (4) the updated acquisition schedule and the complete 
        history of changes to the original schedule;
          (5) a full life-cycle cost analysis for the 
        capability or asset or class of capabilities or assets;
          (6) a remediation plan identifying corrective actions 
        and any resulting issues or risks; and
          (7) a description of how progress in the remediation 
        plan will be measured and monitored.
  (c) Substantial Variances in Costs or Schedule.--If a likely 
cost overrun is greater than 20 percent or a likely delay is 
greater than 12 months from the costs and schedule described in 
the acquisition program baseline for any Level 1 or Level 2 
acquisition project or program of the Coast Guard, the 
Commandant shall include in the report a written 
[certification, with a supporting explanation, that] 
determination, with a supporting explanation, of whether--
          (1) the capability or asset or capability or asset 
        class to be acquired under the project or program is 
        essential to the accomplishment of Coast Guard 
        missions;
          (2) there are no alternatives to such capability or 
        asset or capability or asset class that will provide 
        equal or greater capability in both a more cost-
        effective and timely manner;
          (3) the new acquisition schedule and estimates for 
        total acquisition cost are reasonable; and
          (4) the management structure for the acquisition 
        program is adequate to manage and control performance, 
        cost, and schedule.

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Sec. 577. Advance procurement funding

  (a) In General.--With respect to any Coast Guard vessel for 
which amounts are appropriated and any amounts otherwise made 
available for vessels for the Coast Guard in any fiscal year, 
the [Commandant of the Coast Guard] Commandant may enter into a 
contract or place an order, in advance of a contract or order 
for construction of a vessel, for--
          (1) materials, parts, components, and labor for the 
        vessel;
          (2) the advance construction of parts or components 
        for the vessel;
          (3) protection and storage of materials, parts, or 
        components for the vessel; and
          (4) production planning, design, and other related 
        support services that reduce the overall procurement 
        lead time of the vessel.
  (b) Use of Materials, Parts, and Components Manufactured in 
the United States.--In entering into contracts and placing 
orders under subsection (a), the Commandant may give priority 
to persons that manufacture materials, parts, and components in 
the United States.

           *       *       *       *       *       *       *


                      SUBCHAPTER III--DEFINITIONS

Sec. 581. Definitions

  In this chapter:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate.
          (2) Chief acquisition officer.--The term ``Chief 
        Acquisition Officer'' means the officer appointed under 
        section 56 of this title.
          (3) Customer of a major acquisition program.--The 
        term ``customer of a major acquisition program'' means 
        the operating field unit of the Coast Guard that will 
        field the system or systems acquired under a major 
        acquisition program.
          [(4) Commandant.--The term ``Commandant'' means the 
        Commandant of the Coast Guard.]
          [(5)] (4) Level 1 acquisition.--The term ``Level 1 
        acquisition'' means--
                  (A) an acquisition by the Coast Guard--
                          (i) the estimated life-cycle costs of 
                        which exceed $1,000,000,000; or
                          (ii) the estimated total acquisition 
                        costs of which exceed $300,000,000; or
                  (B) any acquisition that the Chief 
                Acquisition Officer of the Coast Guard 
                determines to have a special interest--
                          (i) due to--
                                  (I) the experimental or 
                                technically immature nature of 
                                the asset;
                                  (II) the technological 
                                complexity of the asset;
                                  (III) the commitment of 
                                resources; or
                                  (IV) the nature of the 
                                capability or set of 
                                capabilities to be achieved; or
                          (ii) because such acquisition is a 
                        joint acquisition.
          [(6)] (5) Level 2 acquisition.--The term ``Level 2 
        acquisition'' means an acquisition by the Coast Guard--
                  (A) the estimated life-cycle costs of which 
                are equal to or less than $1,000,000,000, but 
                greater than $300,000,000; or
                  (B) the estimated total acquisition costs of 
                which are equal to or less than $300,000,000, 
                but greater than $100,000,000.
          [(7)] (6) Life-cycle cost.--The term ``life-cycle 
        cost'' means all costs for development, procurement, 
        construction, and operations and support for a 
        particular capability or asset, without regard to 
        funding source or management control.
          [(8)] (7) Major acquisition program.--The term 
        ``major acquisition program'' means an ongoing 
        acquisition undertaken by the Coast Guard with a life-
        cycle cost estimate greater than or equal to 
        $300,000,000.
          [(9)] (8) Project or program manager defined.--The 
        term ``project or program manager'' means an individual 
        designated--
                  (A) to develop, produce, and deploy a new 
                asset to meet identified operational 
                requirements; and
                  (B) to manage cost, schedule, and performance 
                of the acquisition, project, or program.
          [(10)] (9) Safety concern.--The term ``safety 
        concern'' means any hazard associated with a capability 
        or asset or a subsystem of a capability or asset that 
        is likely to cause serious bodily injury or death to a 
        typical Coast Guard user in testing, maintaining, 
        repairing, or operating the capability, asset, or 
        subsystem or any hazard associated with the capability, 
        asset, or subsystem that is likely to cause major 
        damage to the capability, asset, or subsystem during 
        the course of its normal operation by a typical Coast 
        Guard user.
          [(11)] (10) Developmental test and evaluation.--The 
        term ``developmental test and evaluation'' means--
                  (A) the testing of a capability or asset and 
                the subsystems of the capability or asset to 
                determine whether they meet all contractual 
                performance requirements, including technical 
                performance requirements, supportability 
                requirements, and interoperability requirements 
                and related specifications; and
                  (B) the evaluation of the results of such 
                testing.
          [(12)] (11) Operational test and evaluation.--The 
        term ``operational test and evaluation'' means--
                  (A) the testing of a capability or asset and 
                the subsystems of the capability or asset, 
                under conditions similar to those in which the 
                capability or asset and subsystems will 
                actually be deployed, for the purpose of 
                determining the effectiveness and suitability 
                of the capability or asset and subsystems for 
                use by typical Coast Guard users to conduct 
                those missions for which the capability or 
                asset and subsystems are intended to be used; 
                and
                  (B) the evaluation of the results of such 
                testing.

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CHAPTER 17--ADMINISTRATION

           *       *       *       *       *       *       *


Sec. 672a. Long-term lease authority for lighthouse property

  (a) The [Commandant of the Coast Guard] Commandant may lease 
to non-Federal entities, including private individuals, 
lighthouse property under the administrative control of the 
Coast Guard for terms not to exceed 30 years. Consideration for 
the use and occupancy of lighthouse property leased under this 
section, and for the value of any utilities and services 
furnished to a lessee of such property by the Commandant, may 
consist, in whole or in part, of non-pecuniary remuneration 
including the improvement, alteration, restoration, 
rehabilitation, repair, and maintenance of the leased premises 
by the lessee. [Section 321 of chapter 314 of the Act of June 
30, 1932 (40 U.S.C. 303b)] Section 1302 of title 40 shall not 
apply to leases issued by the Commandant under this section.
  (b) Amounts received from leases made under this section, 
less expenses incurred, shall be deposited in the fund 
established under section 687.

           *       *       *       *       *       *       *


Sec. 678. Aircraft accident investigations

  (a) In General.--Whenever the [Commandant of the Coast Guard] 
Commandant conducts an accident investigation of an accident 
involving an aircraft under the jurisdiction of the Commandant, 
the records and report of the investigation shall be treated in 
accordance with this section.
  (b) Public Disclosure of Certain Accident Investigation 
Information.--
          (1) In general.--Subject to paragraph (2), the 
        Commandant, upon request, shall publicly disclose 
        unclassified tapes, scientific reports, and other 
        factual information pertinent to an aircraft accident 
        investigation.
          (2) Conditions.--The Commandant shall only disclose 
        information requested pursuant to paragraph (1) if the 
        Commandant determines--
                  (A) that such tapes, reports, or other 
                information would be included within and 
                releasable with the final accident 
                investigation report; and
                  (B) that release of such tapes, reports, or 
                other information--
                          (i) would not undermine the ability 
                        of accident or safety investigators to 
                        continue to conduct the investigation; 
                        and
                          (ii) would not compromise national 
                        security.
          (3) Restriction.--A disclosure under paragraph (1) 
        may not be made by or through officials with 
        responsibility for, or who are conducting, a safety 
        investigation with respect to the accident.
  (c) Opinions Regarding Causation of Accident.--Following an 
aircraft accident referred to in subsection (a)--
          (1) if the evidence surrounding the accident is 
        sufficient for the investigators who conduct the 
        accident investigation to come to an opinion as to the 
        cause or causes of the accident, the final report of 
        the accident investigation shall set forth the opinion 
        of the investigators as to the cause or causes of the 
        accident; and
          (2) if the evidence surrounding the accident is not 
        sufficient for the investigators to come to an opinion 
        as to the cause or causes of the accident, the final 
        report of the accident investigation shall include a 
        description of those factors, if any, that, in the 
        opinion of the investigators, substantially contributed 
        to or caused the accident.
  (d) Use of Information in Civil or Criminal Proceedings.--For 
purposes of any civil or criminal proceeding arising from an 
aircraft accident referred to in subsection (a), any opinion of 
the accident investigators as to the cause of, or the factors 
contributing to, the accident set forth in the accident 
investigation report may not be considered as evidence in such 
proceeding, nor may such report be considered an admission of 
liability by the United States or by any person referred to in 
such report.
  (e) Definitions.--For purposes of this section--
          (1) the term ``accident investigation'' means any 
        form of investigation by Coast Guard personnel of an 
        aircraft accident referred to in subsection (a), other 
        than a safety investigation; and
          (2) the term ``safety investigation'' means an 
        investigation by Coast Guard personnel of an aircraft 
        accident referred to in subsection (a) that is 
        conducted solely to determine the cause of the accident 
        and to obtain information that may prevent the 
        occurrence of similar accidents.

Sec. 679. Inventory of real property

  (a) In General.--[Not later than September 30, 2015, the 
Commandant shall establish] The Commandant shall maintain an 
inventory of all real property, including submerged lands, 
under the control of the Coast Guard, which shall include--
          (1) the size, the location, and any other appropriate 
        description of each unit of such property;
          (2) an assessment of the physical condition of each 
        unit of such property, excluding lands;
          (3) a determination of whether each unit of such 
        property should be--
                  (A) retained to fulfill a current or 
                projected Coast Guard mission requirement; or
                  (B) subject to divestiture; and
          (4) other information the Commandant considers 
        appropriate.
  [(b) Inventory Maintenance.--The Commandant shall--
          [(1) maintain the inventory required under subsection 
        (a) on an ongoing basis; and
          [(2) update information on each unit of real property 
        included in such inventory not later than 30 days after 
        any change relating to the control of such property.]
  (b) Updates.--The Commandant shall update information on each 
unit of real property included in the inventory required under 
subsection (a) not later than 30 days after any change relating 
to the control of such property.
  (c) Recommendations to Congress.--Not later than March 30, 
2016, and every 5 years thereafter, the Commandant shall submit 
to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report that 
includes--
          (1) a list of all real property under the control of 
        the Coast Guard and the location of such property by 
        property type;
          (2) recommendations for divestiture with respect to 
        any units of such property; and
          (3) recommendations for consolidating any units of 
        such property, including--
                  (A) an estimate of the costs or savings 
                associated with each recommended consolidation; 
                and
                  (B) a discussion of the impact that such 
                consolidation would have on Coast Guard mission 
                effectiveness.

           *       *       *       *       *       *       *


CHAPTER 19--ENVIRONMENTAL COMPLIANCE AND RESTORATION PROGRAM

           *       *       *       *       *       *       *


Sec. 693. Annual list of projects to Congress

  The [Commandant of the Coast Guard] Commandant shall submit 
to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a prioritized list of 
projects eligible for environmental compliance and restoration 
funding for each fiscal year concurrent with the President's 
budget submission for that fiscal year.

           *       *       *       *       *       *       *


PART II--COAST GUARD RESERVE AND AUXILIARY

           *       *       *       *       *       *       *


CHAPTER 23--COAST GUARD AUXILIARY

           *       *       *       *       *       *       *


Sec. 823a. Members of the Auxiliary; status

  (a) Except as otherwise provided in this chapter, a member of 
the Coast Guard Auxiliary shall not be considered to be a 
Federal employee and shall not be subject to the provisions of 
law relating to Federal employment, including those relating to 
hours of work, rates of compensation, leave, unemployment 
compensation, Federal employee benefits, ethics, conflicts of 
interest, and other similar criminal or civil statutes and 
regulations governing the conduct of Federal employees. 
However, nothing in this subsection shall constrain the 
Commandant from prescribing standards for the conduct and 
behavior of members of the Auxiliary.
  (b) A member of the Auxiliary while assigned to duty shall be 
deemed to be a Federal employee only for the purposes of the 
following:
          (1) Chapter 171 of title 28 (popularly known as the 
        Federal Tort Claims Act).
          (2) Section 2733 of title 10 (popularly known as the 
        Military Claims Act).
          (3) Section 30101 of title 46 (popularly known as the 
        Admiralty Extension Act).
          (4) Chapter 309 of title 46 (known as the Suits in 
        Admiralty Act).
          (5) Chapter 311 of title 46 (known as the Public 
        Vessels Act).
          (6) Other matters related to noncontractual civil 
        liability.
          (7) Compensation for work injuries under chapter 81 
        of title 5.
          (8) The resolution of claims relating to damage to or 
        loss of personal property of the member incident to 
        service under the Military Personnel and Civilian 
        Employees' Claims Act of 1964 (31 U.S.C. 3721).
          (9) [On or after January 1, 2001, section] Section 
        651 of Public Law 104-208.
  (c) A member of the Auxiliary, while assigned to duty, shall 
be deemed to be a person acting under an officer of the United 
States or an agency thereof for purposes of section 1442(a)(1) 
of title 28.

           *       *       *       *       *       *       *


Sec. 826. Use of member's facilities

  (a) Motor Boats, Yachts, Aircraft, and Radio Stations.--The 
Coast Guard may utilize for any purpose incident to carrying 
out its functions and duties as authorized by the Secretary any 
motorboat, yacht, aircraft, or radio station placed at its 
disposition for any of such purposes by any member of the 
Auxiliary, by any corporation, partnership, or association, or 
by any State or political subdivision thereof.
  (b) Motor Vehicles.--The Coast Guard may utilize to carry out 
its functions and duties as authorized by the Secretary any 
motor vehicle (as defined in [section 154 of title 23, United 
States Code] section 30102 of title 49) placed at its 
disposition by any member of the Auxiliary, by any corporation, 
partnership, or association, or by any State or political 
subdivision thereof, to tow Federal Government property.

           *       *       *       *       *       *       *


Sec. 830. Availability of appropriations

  (a) Appropriations of the Coast Guard shall be available for 
the payment of actual necessary traveling expense and 
subsistence, or commutation of ration allowance in lieu of 
subsistence, of members of the Auxiliary assigned to authorized 
duties and for actual necessary expenses of operation of any 
motorboat, yacht, aircraft, radio station, or motorized vehicle 
utilized under section 826(b) when assigned to Coast Guard 
duty, but shall not be available for the payment of 
compensation for personal services, incident to such operation, 
other than to personnel of the Coast Guard or the Reserve. The 
term ``actual necessary expenses of operation,'' as used in 
this section, shall include payment for fuel, oil, power, 
water, supplies, provisions, replacement or repair of 
equipment, repair of any damaged motorboat, yacht, aircraft, 
radio station, or motorized vehicle utilized under section 
826(b) and for the constructive or actual loss of any 
motorboat, yacht, aircraft, radio station, or motorized vehicle 
utilized under section 826(b) where it is determined, under 
applicable regulations, that responsibility for the loss or 
damage necessitating such replacement or repair of equipment, 
or for the damage or loss, constructive or actual, of such 
motorboat, yacht, aircraft, radio station, or motorized vehicle 
utilized under section 826(b) rests with the Coast Guard.
  (b) The Secretary may pay interest on a claim under this 
section in any case in which a payment authorized under this 
section is not made within 60 days after the submission of the 
claim in a manner prescribed by the Secretary. The rate of 
interest for purposes of this section shall be the annual rate 
established under section 6621 of the Internal Revenue Code of 
[1954] 1986.

           *       *       *       *       *       *       *


PART III--COAST GUARD AUTHORIZATIONS AND REPORTS TO CONGRESS

           *       *       *       *       *       *       *


CHAPTER 27--AUTHORIZATIONS

           *       *       *       *       *       *       *


Sec. 2701. Requirement for prior authorization of appropriations

  Amounts may be appropriated to or for the use of the Coast 
Guard for the following matters only if the amounts have been 
authorized by law after December 31, 1976:
          (1) For the operation and maintenance of the Coast 
        Guard, not otherwise provided for.
          (2) For the acquisition, construction, renovation, 
        and improvement of aids to navigation, shore 
        facilities, vessels, [and aircraft] aircraft, and 
        systems, including equipment related thereto, and for 
        maintenance, rehabilitation, lease, and operation of 
        facilities and equipment.
          (3) For the Coast Guard Reserve program, including 
        operations and maintenance of the program, personnel 
        and training costs, equipment, and services.
          (4) For the environmental compliance and restoration 
        functions of the Coast Guard under chapter 19 of this 
        title.
          (5) For research, development, test, and evaluation 
        of technologies, materials, and human factors directly 
        related to improving the performance of the Coast 
        Guard.
          (6) For alteration or removal of bridges over 
        navigable waters of the United States constituting 
        obstructions to navigation, and for personnel and 
        administrative costs associated with the Alteration of 
        Bridges Program.

Sec. 2702. Authorization of appropriations

  Funds are authorized to be appropriated for each of fiscal 
years 2016 and 2017 for necessary expenses of the Coast Guard 
as follows:
          (1) For the operation and maintenance of the Coast 
        Guard, not otherwise provided for--
                  (A) $6,981,036,000 for fiscal year 2016; and
                  (B) $6,986,815,000 for fiscal year 2017.
          (2) For the acquisition, construction, renovation, 
        and improvement of aids to navigation, shore 
        facilities, vessels, [and aircraft] aircraft, and 
        systems, including equipment related thereto, and for 
        maintenance, rehabilitation, lease, and operation of 
        facilities and equipment--
                  (A) $1,945,000,000 for fiscal year 2016; and
                  (B) $1,945,000,000 for fiscal year 2017.
          (3) For the Coast Guard Reserve program, including 
        operations and maintenance of the program, personnel 
        and training costs, equipment, and services--
                  (A) $140,016,000 for fiscal year 2016; and
                  (B) $134,237,000 for fiscal year 2017.
          (4) For the environmental compliance and restoration 
        functions of the Coast Guard under chapter 19 of this 
        title--
                  (A) $16,701,000 for fiscal year 2016; and
                  (B) $16,701,000 for fiscal year 2017.
          (5) To the [Commandant of the Coast Guard] Commandant 
        for research, development, test, and evaluation of 
        technologies, materials, and human factors directly 
        related to improving the performance of the Coast 
        Guard's mission with respect to search and rescue, aids 
        to navigation, marine safety, marine environmental 
        protection, enforcement of laws and treaties, ice 
        operations, oceanographic research, and defense 
        readiness, and for maintenance, rehabilitation, lease, 
        and operation of facilities and equipment--
                  (A) $19,890,000 for fiscal year 2016; and
                  (B) $19,890,000 for fiscal year 2017.

           *       *       *       *       *       *       *


CHAPTER 29--REPORTS

           *       *       *       *       *       *       *


Sec. 2902. Capital investment plan

  (a) In General.--On the date on which the President submits 
to Congress a budget pursuant to section 1105 of title 31, the 
[Commandant of the Coast Guard] Commandant shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate--
          (1) a capital investment plan for the Coast Guard 
        that identifies for each capital asset for which 
        appropriations are proposed in that budget--
                  (A) the proposed appropriations included in 
                the budget;
                  (B) the total estimated cost of completion 
                based on the proposed appropriations included 
                in the budget;
                  (C) projected funding levels for each fiscal 
                year for the next 5 fiscal years or until 
                project completion, whichever is earlier;
                  (D) an estimated completion date based on the 
                proposed appropriations included in the budget; 
                and
                  (E) an acquisition program baseline, as 
                applicable; and
          (2) a list of each unfunded priority for the Coast 
        Guard.
  (b) New Capital Assets.--In the fiscal year following each 
fiscal year for which appropriations are enacted for a new 
capital asset, the report submitted under subsection (a) shall 
include--
          (1) an estimated life-cycle cost estimate for the new 
        capital asset;
          (2) an assessment of the impact the new capital asset 
        will have on--
                  (A) delivery dates for each capital asset;
                  (B) estimated completion dates for each 
                capital asset;
                  (C) the total estimated cost to complete each 
                capital asset; and
                  (D) other planned construction or improvement 
                projects; and
          (3) recommended funding levels for each capital asset 
        necessary to meet the estimated completion dates and 
        total estimated costs included in the such asset's 
        approved acquisition program baseline.
  (c) Definitions.--In this section--
          (1) the term ``unfunded priority'' means a program or 
        mission requirement that--
                  (A) has not been selected for funding in the 
                applicable proposed budget;
                  (B) is necessary to fulfill a requirement 
                associated with an operational need; and
                  (C) the Commandant would have recommended for 
                inclusion in the applicable proposed budget had 
                additional resources been available or had the 
                requirement emerged before the budget was 
                submitted; and
          (2) the term ``new capital asset'' means--
                  (A) an acquisition program that does not have 
                an approved acquisition program baseline; or
                  (B) the acquisition of a capital asset in 
                excess of the number included in the approved 
                acquisition program baseline.

Sec. 2903. Major acquisitions

  (a) In General.--In conjunction with the transmittal by the 
President to Congress of the budget of the United States for 
fiscal year 2014 and biennially thereafter, the Secretary shall 
submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives a report on the status of all major acquisition 
programs.
  (b) Information To Be Included.--Each report under subsection 
(a) shall include for each major acquisition program--
          (1) a statement of the Coast Guard's mission needs 
        and performance goals relating to such program, 
        including a justification for any change to those needs 
        and goals subsequent to a report previously submitted 
        under this section;
          (2) a justification explaining how the projected 
        number and capabilities of assets acquired under such 
        program meet applicable mission needs and performance 
        goals;
          (3) an identification of any and all mission hour 
        gaps, accompanied by an explanation of how and when the 
        Coast Guard will close those gaps;
          (4) an identification of any changes with respect to 
        such program, including--
                  (A) any changes to the timeline for the 
                acquisition of each new asset and the phaseout 
                of legacy assets; and
                  (B) any changes to--
                          (i) the costs of new assets or legacy 
                        assets for that fiscal year or future 
                        fiscal years; or
                          (ii) the total acquisition cost;
          (5) a justification explaining how any change to such 
        program fulfills the mission needs and performance 
        goals of the Coast Guard;
          (6) a description of how the Coast Guard is planning 
        for the integration of each new asset acquired under 
        such program into the Coast Guard, including needs 
        related to shore-based infrastructure and human 
        resources;
          (7) an identification of how funds in the applicable 
        fiscal year's budget request will be allocated, 
        including information on the purchase of specific 
        assets;
          (8) a projection of the remaining operational 
        lifespan and life-cycle cost of each legacy asset that 
        also identifies any anticipated resource gaps;
          (9) a detailed explanation of how the costs of legacy 
        assets are being accounted for within such program; and
          (10) an annual performance comparison of new assets 
        to legacy assets.
  (c) Adequacy of Acquisition Workforce.--Each report under 
subsection (a) shall--
          (1) include information on the scope of the 
        acquisition activities to be performed in the next 
        fiscal year and on the adequacy of the current 
        acquisition workforce to meet that anticipated 
        workload;
          (2) specify the number of officers, members, and 
        employees of the Coast Guard currently and planned to 
        be assigned to each position designated under section 
        562(c); and
          (3) identify positions that are or will be 
        understaffed and actions that will be taken to correct 
        such understaffing.
  (d) Cutters Not Maintained in Class.--Each report under 
subsection (a) shall identify which, if any, Coast Guard 
cutters that have been issued a certificate of classification 
by the American Bureau of Shipping have not been maintained in 
class, with an explanation detailing the reasons why the 
cutters have not been maintained in class.
  (e) Long-term Major Acquisitions Plan.--Each report under 
subsection (a) shall include a plan that describes for the 
upcoming fiscal year, and for each of the 20 fiscal years 
thereafter--
          (1) the numbers and types of cutters and aircraft to 
        be decommissioned;
          (2) the numbers and types of cutters and aircraft to 
        be acquired to--
                  (A) replace the cutters and aircraft 
                identified under paragraph (1); or
                  (B) address an identified capability gap; and
          (3) the estimated level of funding in each fiscal 
        year required to--
                  (A) acquire the cutters and aircraft 
                identified under paragraph (2);
                  (B) acquire related command, control, 
                communications, computer, intelligence, 
                surveillance, and reconnaissance systems; and
                  (C) acquire, construct, or renovate shoreside 
                infrastructure.
  (f) Quarterly Updates on Risks of Programs.--
          (1) In general.--Not later than 15 days after the end 
        of each fiscal year quarter, the [Commandant of the 
        Coast Guard] Commandant shall submit to the committees 
        of Congress specified in subsection (a) an update 
        setting forth a current assessment of the risks 
        associated with all current major acquisition programs.
          (2) Elements.--Each update under this subsection 
        shall set forth, for each current major acquisition 
        program, the following:
                  (A) The top five current risks to such 
                program.
                  (B) Any failure of such program to 
                demonstrate a key performance parameter or 
                threshold during operational test and 
                evaluation conducted during the fiscal year 
                quarter preceding such update.
                  (C) Whether there has been any decision 
                during such fiscal year quarter to order full-
                rate production before all key performance 
                parameters or thresholds are met.
                  (D) Whether there has been any breach of 
                major acquisition program cost (as defined by 
                the Major Systems Acquisition Manual) during 
                such fiscal year quarter.
                  (E) Whether there has been any breach of 
                major acquisition program schedule (as so 
                defined) during such fiscal year quarter.
  (g) Major Acquisition Program Defined.--In this section, the 
term ``major acquisition program'' means an ongoing acquisition 
undertaken by the Coast Guard with a life-cycle cost estimate 
greater than or equal to $300,000,000.

           *       *       *       *       *       *       *

                              ----------                              


                  SECTION 4 OF THE ACT OF MAY 22, 1926

                        (Public Law Chapter 371)

  AN ACT To authorize the Secretary of Commerce to dispose of certain 
    lighthouse reservations, and to increase the efficiency of the 
              Lighthouse Service, and for other purposes.

  Sec. 4. Hereafter officers and crews of vessels of the 
Lighthouse Service and light keepers and depot keepers of the 
Lighthouse Service shall be permitted to purchase commissary 
and quartermaster supplies from the Army, Navy, or Marine Corps 
at the price charged officers and [enlisted men] enlisted 
members of the Army, Navy, or Marine Corps.
                              ----------                              


                      TITLE 46, UNITED STATES CODE



           *       *       *       *       *       *       *
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) with the exception of emergency locator 
                beacons for recreational vessels operating 
                beyond 3 nautical miles from the baselines from 
                which the territorial sea of the United States 
                is measured or beyond 3 nautical miles from the 
                coastline of the Great Lakes, does not include 
                radio equipment.
          [(4)] (2) ``Coast Guard'' means the organization 
        established and continued under section 1 of title 14.
          (3) ``Commandant'' means the Commandant of the Coast 
        Guard.
          [(5)] (4) ``commercial service'' includes any type of 
        trade or business involving the transportation of goods 
        or individuals, except service performed by a combatant 
        vessel.
          [(5a)] (5) ``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.
          [(7)] (6) ``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)] (7) ``crude oil tanker'' means a tanker engaged 
        in the trade of carrying crude oil.
          [(8a)] (8) ``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)] (9) ``discharge'', when referring to a 
        substance discharged from a vessel, includes spilling, 
        leaking, pumping, pouring, emitting, emptying, or 
        dumping, however caused.
          [(10b)] (10) ``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)] (11) ``fish'' means finfish, mollusks, 
        crustaceans, and all other forms of marine animal and 
        plant life, except marine mammals and birds.
          [(11a)] (12) ``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)] (13) ``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.
          [(11c)] (14) ``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.
          [(13)] (15) ``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)] (16) ``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)] (17) ``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)] (18) ``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)] (19) ``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)] (20) ``mobile offshore drilling unit'' means 
        a vessel capable of engaging in drilling operations for 
        the exploration or exploitation of subsea resources.
          [(16)] (21) ``motor vessel'' means a vessel propelled 
        by machinery other than steam.
          [(17)] (22) ``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)] (23) ``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.
          [(18)] (24) ``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)] (25) ``offshore supply vessel'' means a motor 
        vessel 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)] (26) ``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)] (27) ``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)] (28) ``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)] (29) ``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)] (30) ``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)] (31) ``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)] (32) ``product carrier'' means a tanker 
        engaged in the trade of carrying oil except crude oil.
          [(24)] (33) ``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)] (34) ``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)] (35) ``recreational vessel manufacturer'' 
        means a person engaged in the manufacturing, 
        construction, assembly, or importation of recreational 
        vessels, components, or associated equipment.
          [(26a)] (36) ``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)] (37) ``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)] (38) ``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)] (39) ``sailing school student'' means an 
        individual who is on board a sailing school vessel to 
        receive sailing instruction.
          [(30)] (40) ``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 1986 
                (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)] (41) ``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)] (42) ``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)] (43) ``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)] (44) ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating.
          [(35)] (45) ``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.
          [(37)] (46) ``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)] (47) ``submersible vessel'' means a vessel 
        that is capable of operating below the surface of the 
        water.
          [(38)] (48) ``tanker'' means a self-propelled tank 
        vessel constructed or adapted primarily to carry oil or 
        hazardous material in bulk in the cargo spaces.
          [(39)] (49) ``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)] (50) ``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.
          [(42)] (51) ``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)] (52) ``uninspected vessel'' means a vessel not 
        subject to inspection under section 3301 of this title 
        that is not a recreational vessel.
          [(47)] (53) ``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)] (54) ``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.

           *       *       *       *       *       *       *


Sec. 2110. Fees

  (a)(1) Except as otherwise provided in this title, the 
Secretary shall establish a fee or charge for a service or 
thing of value provided by the Secretary under this subtitle, 
in accordance with section 9701 of title 31.
          (2) The Secretary may not establish a fee or charge 
        under paragraph (1) for inspection or examination of a 
        non-self-propelled tank vessel under part B of this 
        subtitle that is more than $500 annually. The Secretary 
        may not establish a fee or charge under paragraph (1) 
        for inspection or examination of a small passenger 
        vessel under this title that is more than $300 annually 
        for such vessels under 65 feet in length, or more than 
        $600 annually for such vessels 65 feet in length and 
        greater. The Secretary may not establish a fee or 
        charge under paragraph (1) for inspection or 
        examination under this title for any publicly-owned 
        ferry.
          (3) The Secretary may, by regulation, adjust a fee or 
        charge collected under this subsection to accommodate 
        changes in the cost of providing a specific service or 
        thing of value, but the adjusted fee or charge may not 
        exceed the total cost of providing the service or thing 
        of value for which the fee or charge is collected, 
        including the cost of collecting the fee or charge.
          (4) The Secretary may not collect a fee or charge 
        under this subsection that is in conflict with the 
        international obligations of the United States.
          (5) The Secretary may not collect a fee or charge 
        under this subsection for any search or rescue service.
  (b)(1) In addition to the collection of fees and charges 
established under subsection (a), in providing a service or 
thing of value under this subtitle the Secretary may accept in-
kind transportation, travel, and subsistence.
          (2) The value of in-kind transportation, travel, and 
        subsistence accepted under this paragraph may not 
        exceed applicable per diem rates set forth in 
        regulations prescribed under section 464 of title 37.
  (c) In addition to the collection of fees and charges 
established under subsection (a), the Secretary may recover 
appropriate collection and enforcement costs associated with 
delinquent payments of the fees and charges.
  (d)(1) The Secretary may employ any Federal, State, or local 
agency or instrumentality, or any private enterprise or 
business, to collect a fee or charge established under this 
section. A private enterprise or business selected by the 
Secretary to collect fees or charges--
                  (A) shall be subject to reasonable terms and 
                conditions agreed to by the Secretary and the 
                enterprise or business;
                  (B) shall provide appropriate accounting to 
                the Secretary; and
                  (C) may not institute litigation as part of 
                that collection.
          (2) A Federal agency shall account for the agency's 
        costs of collecting the fee or charge under this 
        subsection as a reimbursable expense, and the costs 
        shall be credited to the account from which expended.
  (e) A person that violates this section by failing to pay a 
fee or charge established under this section is liable to the 
United States Government for a civil penalty of not more than 
$5,000 for each violation.
  (f) When requested by the Secretary, the Secretary of 
Homeland Security shall deny the clearance required by section 
60105 of this title to a vessel for which a fee or charge 
established under this section has not been paid until the fee 
or charge is paid or until a bond is posted for the payment.
  (g) The Secretary may exempt a person from paying a fee or 
charge established under this section if the Secretary 
determines that it is in the public interest to do so.
  (h) Fees and charges collected by the Secretary under this 
section shall be deposited in the general fund of the Treasury 
as offsetting receipts of the department in which the Coast 
Guard is operating and ascribed to Coast Guard activities.
  (i) The collection of a fee or charge under this section does 
not alter or expand the functions, powers, responsibilities, or 
liability of the United States under any law for the 
performance of services or the provision of a thing of value 
for which a fee or charge is collected under this section.
  (j) The Secretary may not establish or collect a fee or 
charge for the inspection under part B of this subtitle of 
training vessels operated by State maritime academies.
  [(k) The Secretary may not plan, implement or finalize any 
regulation that would promulgate any new maritime user fee 
which was not implemented and collected prior to January 1, 
1998, including a fee or charge for any domestic icebreaking 
service or any other navigational assistance service. This 
subsection expires on September 30, 2006.]

           *       *       *       *       *       *       *


Sec. 2113. Authority to exempt certain vessels

  If the Secretary decides that the application of a provision 
of part B, C, F, or G of this subtitle is not necessary in 
performing the mission of the vessel engaged in excursions or 
an oceanographic research vessel, or not necessary for the safe 
operation of certain vessels carrying passengers, the Secretary 
by regulation may--
          (1) for a vessel, issue a special permit specifying 
        the conditions of operation and equipment;
          (2) exempt an oceanographic research vessel from that 
        provision under conditions the Secretary may specify;
          (3) establish different operating and equipment 
        requirements for vessels defined in [section 
        2101(42)(A)] section 2101(51)(A) of this title; and
          [(4) establish different structural fire protection, 
        manning, operating, and equipment requirements for 
        vessels of at least 100 gross tons but less than 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 carrying not more 
        than 150 passengers on domestic voyages if the owner of 
        the vessel--
                  [(A) makes application for inspection to the 
                Coast Guard within 6 months of the date of 
                enactment of the Passenger Vessel Safety Act of 
                1993; and
                  [(B) provides satisfactory documentation that 
                the vessel was chartered at least once within 
                the previous 12 months prior to the date of 
                enactment of that Act; and
          [(5) establish different structural fire protection, 
        manning, operating, and equipment requirements for 
        former public vessels of the United States of at least 
        100 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, carrying not more than 150 passengers on 
        domestic voyages, if the owner of the vessel--
                  [(A) makes application for inspection to the 
                Coast Guard within 6 months of the date of 
                enactment of the Passenger Vessel Safety Act of 
                1993; and
                  [(B) provides satisfactory documentation that 
                the vessel was chartered at least once within 
                the previous 12 months prior to the date of 
                enactment of that Act.]
          (4) maintain different structural fire protection, 
        manning, operating, and equipment requirements for 
        vessels that satisfied requirements set forth in the 
        Passenger Vessel Safety Act of 1993 (Public Law 103-
        206) before June 21, 1994.

           *       *       *       *       *       *       *


Sec. 2116. Marine safety strategy, goals, and performance assessments

  (a) Long-Term Strategy and Goals.--In conjunction with 
existing federally required strategic planning efforts, the 
Secretary shall develop a long-term strategy for improving 
vessel safety and the safety of individuals on vessels. The 
strategy shall include the issuance each year of an annual plan 
and schedule for achieving the following goals:
          (1) Reducing the number and rates of marine 
        casualties.
          (2) Improving the consistency and effectiveness of 
        vessel and operator enforcement and compliance 
        programs.
          (3) Identifying and targeting enforcement efforts at 
        high-risk vessels and operators.
          (4) Improving research efforts to enhance and promote 
        vessel and operator safety and performance.
  (b) Contents of Strategy and Annual Plans.--
          (1) Measurable goals.--The strategy and annual plans 
        shall include specific numeric or measurable goals 
        designed to achieve the goals set forth in subsection 
        (a). The purposes of the numeric or measurable goals 
        are the following:
                  (A) To increase the number of safety 
                examinations on all high-risk vessels.
                  (B) To eliminate the backlog of marine 
                safety-related rulemakings.
                  (C) To improve the quality and effectiveness 
                of marine safety information databases by 
                ensuring that all Coast Guard personnel 
                accurately and effectively report all safety, 
                casualty, and injury information.
                  (D) To provide for a sufficient number of 
                Coast Guard marine safety personnel, and 
                provide adequate facilities and equipment to 
                carry out the functions referred to in section 
                93(c) of title 14.
          (2) Resource needs.--The strategy and annual plans 
        shall include estimates of--
                  (A) the funds and staff resources needed to 
                accomplish each activity included in the 
                strategy and plans; and
                  (B) the staff skills and training needed for 
                timely and effective accomplishment of each 
                goal.
  (c) Submission With the President's Budget.--[Beginning with 
fiscal year 2011 and each fiscal year thereafter, the] The 
Secretary shall submit to Congress the strategy and annual plan 
not later than 60 days following the transmission of the 
President's budget submission under section 1105 of title 31.
  (d) Achievement of Goals.--
          (1) Progress assessment.--No less frequently than 
        semiannually, the [Coast Guard Commandant] Commandant 
        shall assess the progress of the Coast Guard toward 
        achieving the goals set forth in subsection (b). The 
        Commandant shall convey the Commandant's assessment to 
        the employees of the marine safety workforce and shall 
        identify any deficiencies that should be remedied 
        before the next progress assessment.
          (2) Report to congress.--The Secretary shall report 
        annually to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate--
                  (A) on the performance of the marine safety 
                program in achieving the goals of the marine 
                safety strategy and annual plan under 
                subsection (a) for the year covered by the 
                report;
                  (B) on the program's mission performance in 
                achieving numerical measurable goals 
                established under subsection (b), including--
                          (i) the number of civilian and 
                        military Coast Guard personnel assigned 
                        to marine safety positions; and
                          (ii) an identification of marine 
                        safety positions that are understaffed 
                        to meet the workload required to 
                        accomplish each activity included in 
                        the strategy and plans under subsection 
                        (a); and
                  (C) recommendations on how to improve 
                performance of the program.

           *       *       *       *       *       *       *


PART B--INSPECTION AND REGULATION OF VESSELS

           *       *       *       *       *       *       *


CHAPTER 32--MANAGEMENT OF VESSELS

           *       *       *       *       *       *       *


Sec. 3202. Application

  (a) Foreign Voyages and Foreign Vessels.--This chapter 
applies to a vessel that--
          (1)(A) is transporting more than 12 passengers 
        described in [section 2101(21)(A)] section 2101(29)(A) 
        of this title; or
          (B) is of at least 500 gross tons as measured under 
        section 14302 of this title and is a tanker, freight 
        vessel, bulk freight vessel, high speed freight vessel, 
        or self-propelled mobile offshore drilling unit; and
          (2)(A) is engaged on a foreign voyage; or
          (B) is a foreign vessel departing from a place under 
        the jurisdiction of the United States on a voyage, any 
        part of which is on the high seas.
  (b) Other Passenger Vessels.--This chapter applies to a 
vessel that is--
          (1) a passenger vessel or small passenger vessel; and
          (2) is transporting more passengers than a number 
        prescribed by the Secretary based on the number of 
        individuals on the vessel that could be killed or 
        injured in a marine casualty.
  (c) Voluntary Application.--This chapter applies to a vessel 
not described in subsection (a) of this section if the owner of 
the vessel requests the Secretary to apply this chapter to the 
vessel.
  (d) Exception.--Except as provided in subsection (c) of this 
section, this chapter does not apply to--
          (1) a barge;
          (2) a recreational vessel not engaged in commercial 
        service;
          (3) a fishing vessel;
          (4) a vessel operating on the Great Lakes or its 
        tributary and connecting waters that is not described 
        in subsection (b) of this section; or
          (5) a public vessel.

           *       *       *       *       *       *       *


CHAPTER 33--INSPECTION GENERALLY

           *       *       *       *       *       *       *


Sec. 3302. Exemptions

  (a) A vessel is not excluded from one category only because 
the vessel is--
          (1) included in another category of section 3301 of 
        this title; or
          (2) excluded by this section from another category of 
        section 3301 of this title.
  (b) Except as provided in subsection (c)(3) of this section, 
a fishing vessel, including a vessel chartered part-time as a 
fish tender vessel, is exempt from section 3301(1), (7), (11), 
and (12) of this title.
  (c)(1) Except as provided in paragraph (3) of this 
subsection, a fish processing vessel of not more than 5,000 
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 
is exempt from section 3301(1), (6), (7), (11), and (12) of 
this title.
  (2) Except as provided in paragraphs (3) and (4) of this 
subsection, the following fish tender vessels are exempt from 
section 3301(1), (6), (7), (11), and (12) of this title:
          (A) A vessel of not more 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) A vessel engaged in the Aleutian trade that is 
        not more than 2,500 gross tons as measured under 
        section 14302 of this title.
  (3)(A) A fishing vessel or fish processing vessel is exempt 
from section 3301(1), (6), and (7) of this title when 
transporting cargo (including fisheries-related cargo) to or 
from a place in Alaska if--
          (i) that place does not receive weekly common carrier 
        service by water from a place in the United States;
          (ii) that place receives such common carrier service 
        and the cargo is of a type not accepted by that common 
        carrier service; or
          (iii) the cargo is proprietary cargo owned by the 
        owner of the vessel or any affiliated entity or 
        subsidiary.
  (B) A fish tender vessel of not more than 500 gross tons as 
measured under section 14502 of this title, or less than 500 
gross tons as measured under section 14502 of this title, or is 
less than 2,500 gross tons as measured under section 14302 of 
this title, which is qualified to engage in the Aleutian trade 
is exempt from section 3301(1), (6), and (7) of this title when 
transporting cargo (including fisheries-related cargo) to or 
from a place in Alaska outside the Aleutian trade geographic 
area if--
          (i) that place does not receive weekly common carrier 
        service by water from a place in the United States;
          (ii) that place receives such common carrier service 
        and the cargo is of a type not accepted by that common 
        carrier service; or
          (iii) the cargo is proprietary cargo owned by the 
        owner of the vessel or any affiliated entity or 
        subsidiary.
  (C) In this paragraph, the term ``proprietary cargo'' means 
cargo that--
          (i) is used by the owner of the vessel or any 
        affiliated entity or subsidiary in activities directly 
        related to fishing or the processing of fish;
          (ii) is consumed by employees of the owner of the 
        vessel or any affiliated entity or subsidiary who are 
        engaged in fishing or in the processing of fish; or
          (iii) consists of fish or fish products harvested or 
        processed by the owner of the vessel or any affiliated 
        entity or subsidiary.
  (D) Notwithstanding the restrictions in subparagraph (B) of 
this paragraph, vessels qualifying under subparagraph (B) may 
transport cargo (including fishery-related products) from a 
place in Alaska receiving weekly common carrier service by 
water to a final destination in Alaska not receiving weekly 
service by water from common carriers.
  (4) A fish tender vessel is exempt from section 3301(1), (6), 
and (7) of this title when engaged in the Aleutian trade if the 
vessel--
          (A) is not more than 500 gross tons as measured under 
        section 14502 of this title, or less than 500 gross 
        tons as measured under section 14502 of this title, or 
        is less than 2,500 gross tons as measured under section 
        14302 of this title;
          (B) has an incline test performed by a marine 
        surveyor; and
          (C) has written stability instructions posted on 
        board the vessel.
  (d)(1) A motor vessel of less than 150 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, constructed before 
August 23, 1958, is not subject to inspection under section 
3301(1) of this title if the vessel is owned or demise 
chartered to a cooperative or association that only transports 
cargo owned by at least one of its members on a nonprofit basis 
between places within the waters of--
          (A) southeastern Alaska shoreward of the Boundary 
        Line; or
          (B) southeastern Alaska shoreward of the Boundary 
        Line and--
                  (i) Prince Rupert, British Columbia; or
                  (ii) waters of Washington shoreward of the 
                Boundary Line, via sheltered waters, as defined 
                in article I of the treaty dated December 9, 
                1933, between the United States and Canada 
                defining certain waters as sheltered waters.
  (2) The transportation authorized under this subsection is 
limited to and from places not receiving annual weekly 
transportation service from any part of the United States by an 
established water common carrier. However, the limitation does 
not apply to transporting cargo of a character not accepted for 
transportation by that carrier.
  (e) A vessel laid up, dismantled, or out of commission is 
exempt from inspection.
  (f) Section 3301(4) and (8) of this title does not apply to 
an oceanographic research vessel because it is carrying 
scientific personnel.
  (g)(1) Except when compliance with major structural or major 
equipment requirements is necessary to remove an especially 
hazardous condition, an offshore supply vessel is not subject 
to regulations or standards for those requirements if the 
vessel--
          (A) was operating as an offshore supply vessel before 
        January 2, 1979; or
          (B) was contracted for before January 2, 1979, and 
        entered into service as an offshore supply vessel 
        before October 6, 1980.
  (2) [After December 31, 1988, this] This subsection does not 
apply to an offshore supply vessel that is at least 20 years of 
age.
  (h) An offshore supply vessel operating on January 1, 1979, 
under a certificate of inspection issued by the Secretary, is 
subject to an inspection standard or requirement only if the 
standard or requirement could have been prescribed for the 
vessel under authority existing under law on October 5, 1980.
  (i)(1) The Secretary may issue a permit exempting a vessel 
from any part of the requirements of this part for vessels 
transporting cargo, including bulk fuel, from one place in 
Alaska to another place in Alaska only if the vessel--
          (A) is not more than 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;
          (B) is in a condition that does not present an 
        immediate threat to the safety of life or the 
        environment; and
          (C) was operating in the waters off Alaska as of June 
        1, 1976, or the vessel is a replacement for a vessel 
        that was operating in the waters off Alaska as of June 
        1, 1976, if the vessel being replaced is no longer in 
        service.
  (2) Except in a situation declared to be an emergency by the 
Secretary, a vessel operating under a permit may not transport 
cargo to or from a place if the cargo could be transported by 
another commercial vessel that is reasonably available and that 
does not require exemptions to operate legally or if the cargo 
could be readily transported by overland routes.
  (3) A permit may be issued for a specific voyage or for not 
more than one year. The permit may impose specific requirements 
about the amount or type of cargo to be carried, manning, the 
areas or specific routes over which the vessel may operate, or 
other similar matters. The duration of the permit and 
restrictions contained in the permit shall be at the sole 
discretion of the Secretary.
  (4) A designated Coast Guard official who has reason to 
believe that a vessel issued a permit is in a condition or is 
operated in a manner that creates an immediate threat to the 
safety of life or the environment or is operated in a manner 
that is inconsistent with the terms of the permit, may direct 
the master or individual in charge to take immediate and 
reasonable steps to safeguard life and the environment, 
including directing the vessel to a port or other refuge.
  (5) If a vessel issued a permit creates an immediate threat 
to the safety of life or the environment, or is operated in a 
manner inconsistent with the terms of the permit or the 
requirements of paragraph (2) of this subsection, the permit 
may be revoked. The owner, charterer, managing operator, agent, 
master, or individual in charge of a vessel issued a permit, 
that willfully permits the vessel to be operated, or operates, 
the vessel in a manner inconsistent with the terms of the 
permit, is liable to the United States Government for a civil 
penalty of not more than $1,000.
  (j) Notwithstanding another provision of this chapter, the 
Secretary is not required to inspect or prescribe regulations 
for a nautical school vessel of not 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--
          (1) when used in connection with a course of 
        instruction dealing with any aspect of maritime 
        education or study; and
          (2) operated by--
                  (A) the United States Merchant Marine 
                Academy; or
                  (B) a State maritime academy assisted under 
                chapter 515 of this title.
  (k) Only the boiler, engine, and other operating machinery of 
a steam vessel that is a recreational vessel of not more than 
65 feet overall in length are subject to inspection under 
section 3301(9) of this title.
  (l)(1) The Secretary may issue a permit exempting the 
following vessels from the requirements of this part for 
passenger vessels so long as the vessels are owned by nonprofit 
organizations and operated as nonprofit memorials to merchant 
mariners:
          (A) The steamship John W. Brown (United States 
        official number 242209), owned by Project Liberty Ship 
        Baltimore, Incorporated, located in Baltimore, 
        Maryland.
          (B) The steamship Lane Victory (United States 
        official number 248094), owned by the United States 
        Merchant Marine Veterans of World War II, located in 
        San Pedro, California.
          (C) The steamship Jeremiah O'Brien (United States 
        official number 243622), owned by the National Liberty 
        Ship Memorial, Inc.
          (D) The SS Red Oak Victory (United States official 
        number 249410), owned by the Richmond Museum 
        Association, located in Richmond, California.
          (E) The SS American Victory (United States official 
        number 248005), owned by Victory Ship, Inc., of Tampa, 
        Florida.
          (F) The LST-325, owned by USS LST Ship Memorial, 
        Incorporated, located in Mobile, Alabama.
  (2) The Secretary may issue a permit for a specific voyage or 
for not more than one year. The Secretary may impose specific 
requirements about the number of passengers to be carried, 
manning, the areas or specific routes over which the vessel may 
operate, or other similar matters.
  (3) A designated Coast Guard official who has reason to 
believe that a vessel operating under this subsection is in a 
condition or is operated in a manner that creates an immediate 
threat to life or the environment or is operated in a manner 
that is inconsistent with this section, may direct the master 
or individual in charge to take immediate and reasonable steps 
to safeguard life and the environment, including directing the 
vessel to a port or other refuge.
  (m) A seagoing barge is not subject to inspection under 
section 3301(6) of this title if the vessel is unmanned and 
does not carry--
          (1) a hazardous material as cargo; or
          (2) a flammable or combustible liquid, including oil, 
        in bulk.

           *       *       *       *       *       *       *


Sec. 3306. Regulations

  (a) To carry out this part and to secure the safety of 
individuals and property on board vessels subject to 
inspection, the Secretary shall prescribe necessary regulations 
to ensure the proper execution of, and to carry out, this part 
in the most effective manner for--
          (1) the design, construction, alteration, repair, and 
        operation of those vessels, including superstructures, 
        hulls, fittings, equipment, appliances, propulsion 
        machinery, auxiliary machinery, boilers, unfired 
        pressure vessels, piping, electric installations, and 
        accommodations for passengers and crew, sailing school 
        instructors, and sailing school students;
          (2) lifesaving equipment and its use;
          (3) firefighting equipment, its use, and 
        precautionary measures to guard against fire;
          (4) inspections and tests related to paragraphs (1), 
        (2), and (3) of this subsection; and
          (5) the use of vessel stores and other supplies of a 
        dangerous nature.
  (b)(1) Equipment and material subject to regulation under 
this section may not be used on any vessel without prior 
approval of the Secretary.
  (2) Except with respect to use on a public vessel, the 
Secretary may treat an approval of equipment or materials by a 
foreign government as approval by the Secretary for purposes of 
paragraph (1) if the Secretary determines that--
          (A) the design standards and testing procedures used 
        by that government meet the requirements of the 
        International Convention for the Safety of Life at Sea, 
        1974;
          (B) the approval of the equipment or material by the 
        foreign government will secure the safety of 
        individuals and property on board vessels subject to 
        inspection; and
          (C) for lifesaving equipment, the foreign 
        government--
                  (i) has given equivalent treatment to 
                approvals of lifesaving equipment by the 
                Secretary; and
                  (ii) otherwise ensures that lifesaving 
                equipment approved by the Secretary may be used 
                on vessels that are documented and subject to 
                inspection under the laws of that country.
  (c) In prescribing regulations for sailing school vessels, 
the Secretary shall consult with representatives of the private 
sector having experience in the operation of vessels likely to 
be certificated as sailing school vessels. The regulations 
shall--
          (1) reflect the specialized nature of sailing school 
        vessel operations, and the character, design, and 
        construction of vessels operating as sailing school 
        vessels; and
          (2) include requirements for notice to sailing school 
        instructors and sailing school students about the 
        specialized nature of sailing school vessels and 
        applicable safety regulations.
  (d) In prescribing regulations for nautical school vessels 
operated by the United States Merchant Marine Academy or by a 
State maritime academy (as defined in section 51102 of this 
title), the Secretary shall consider the function, purpose, and 
operation of the vessels, their routes, and the number of 
individuals who may be carried on the vessels.
  (e) When the Secretary finds it in the public interest, the 
Secretary may suspend or grant exemptions from the requirements 
of a regulation prescribed under this section related to 
lifesaving and firefighting equipment, muster lists, ground 
tackle and hawsers, and bilge systems.
  (f) In prescribing regulations for offshore supply vessels, 
the Secretary shall consider the characteristics, methods of 
operation, and the nature of the service of offshore supply 
vessels.
  (g) In prescribing regulations for fish processing or fish 
tender vessels, the Secretary shall consult with 
representatives of the private sector having experience in the 
operation of these vessels. The regulations shall reflect the 
specialized nature and economics of fish processing or fish 
tender vessel operations and the character, design, and 
construction of fish processing or fish tender vessels.
  (h) The Secretary shall establish appropriate structural fire 
protection, manning, operating, and equipment requirements for 
vessels of at least 100 gross tons but less than 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 
carrying not more than 150 passengers on domestic voyages, 
which meet the eligibility criteria of section 2113(4) of this 
title.
  (i) The Secretary shall establish appropriate structural fire 
protection, manning, operating, and equipment requirements for 
former public vessels of the United States of at least 100 
gross tons but less that 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 carrying not more 
than 150 passengers on domestic voyages, which meet the 
eligibility criteria of [section 2113(5)] section 2113(4) of 
this title.
  (j) The Secretary may establish by regulation a safety 
management system appropriate for the characteristics, methods 
of operation, and nature of service of towing vessels.
  (k)(1) Each vessel of the United States that is constructed 
under a contract entered into after the date of enactment of 
the Maritime Safety Act of 2010, or that is delivered after 
January 1, 2011, with an aggregate capacity of 600 cubic meters 
or more of oil fuel, shall comply with the requirements of 
Regulation 12A under Annex I to the Protocol of 1978 relating 
to the International Convention for the Prevention of Pollution 
from Ships, 1973, entitled ``Oil Fuel Tank Protection''.
  (2) The Secretary may prescribe regulations to apply the 
requirements described in Regulation 12A to vessels described 
in paragraph (1) that are not otherwise subject to that 
convention. Any such regulation shall be considered to be an 
interpretive rule for the purposes of section 553 of title 5.
  (3) In this subsection the term ``oil fuel'' means any oil 
used as fuel in connection with the propulsion and auxiliary 
machinery of the vessel in which such oil is carried.

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CHAPTER 35--CARRIAGE OF PASSENGERS

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Sec. 3507. Passenger vessel security and safety requirements

  (a) Vessel Design, Equipment, Construction, and Retrofitting 
Requirements.--
          (1) In general.--Each vessel to which this subsection 
        applies shall comply with the following design and 
        construction standards:
                  (A) The vessel shall be equipped with ship 
                rails that are located not less than 42 inches 
                above the cabin deck.
                  (B) Each passenger stateroom and crew cabin 
                shall be equipped with entry doors that include 
                peep holes or other means of visual 
                identification.
                  (C) For any vessel the keel of which is laid 
                after the date of enactment of the Cruise 
                Vessel Security and Safety Act of 2010, each 
                passenger stateroom and crew cabin shall be 
                equipped with--
                          (i) security latches; and
                          (ii) time-sensitive key technology.
                  (D) The vessel shall integrate technology 
                that can be used for capturing images of 
                passengers or detecting passengers who have 
                fallen overboard, to the extent that such 
                technology is available.
                  (E) The vessel shall be equipped with a 
                sufficient number of operable acoustic hailing 
                or other such warning devices to provide 
                communication capability around the entire 
                vessel when operating in high risk areas (as 
                defined by the United States Coast Guard).
          (2) Fire safety codes.--In administering the 
        requirements of paragraph (1)(C), the Secretary shall 
        take into consideration fire safety and other 
        applicable emergency requirements established by the 
        U.S. Coast Guard and under international law, as 
        appropriate.
          [(3) Effective date.--
                  [(A) In general.--Except as provided in 
                subparagraph (B), the requirements of paragraph 
                (1) shall take effect 18 months after the date 
                of enactment of the Cruise Vessel Security and 
                Safety Act of 2010.
                  [(B) Latch and key requirements.--The 
                requirements of paragraph (1)(C) take effect on 
                the date of enactment of the Cruise Vessel 
                Security and Safety Act of 2010.]
  (b) Video Recording.--
          (1) Requirement to maintain surveillance.--The owner 
        of a vessel to which this section applies shall 
        maintain a video surveillance system to assist in 
        documenting crimes on the vessel and in providing 
        evidence for the prosecution of such crimes, as 
        determined by the Secretary.
          (2) Access to video records.--The owner of a vessel 
        to which this section applies shall provide to any law 
        enforcement official performing official duties in the 
        course and scope of an investigation, upon request, a 
        copy of all records of video surveillance that the 
        official believes may provide evidence of a crime 
        reported to law enforcement officials.
  (c) Safety Information.--
          (1) Criminal Activity Prevention and Response 
        Guide.--The owner of a vessel to which this section 
        applies (or the owner's designee) shall--
                  (A) have available for each passenger a guide 
                (referred to in this subsection as the 
                ``security guide''), written in commonly 
                understood English, which--
                          (i) provides a description of medical 
                        and security personnel designated on 
                        board to prevent and respond to 
                        criminal and medical situations with 24 
                        hour contact instructions;
                          (ii) describes the jurisdictional 
                        authority applicable, and the law 
                        enforcement processes available, with 
                        respect to the reporting of homicide, 
                        suspicious death, a missing United 
                        States national, kidnapping, assault 
                        with serious bodily injury, any offense 
                        to which section 2241, 2242, 2243, or 
                        2244(a) or (c) of title 18 applies, 
                        firing or tampering with the vessel, or 
                        theft of money or property in excess of 
                        $10,000, together with contact 
                        information for the appropriate law 
                        enforcement authorities for missing 
                        persons or reportable crimes which 
                        arise--
                                  (I) in the territorial waters 
                                of the United States;
                                  (II) on the high seas; or
                                  (III) in any country to be 
                                visited on the voyage;
                  (B) provide a copy of the security guide to 
                the Federal Bureau of Investigation for 
                comment; and
                  (C) publicize the security guide on the 
                website of the vessel owner.
          (2) Embassy and consulate locations.--The owner of a 
        vessel to which this section applies shall provide in 
        each passenger stateroom, and post in a location 
        readily accessible to all crew and in other places 
        specified by the Secretary, information regarding the 
        locations of the United States embassy and each 
        consulate of the United States for each country the 
        vessel will visit during the course of the voyage.
  (d) Sexual Assault.--The owner of a vessel to which this 
section applies shall--
          (1) maintain on the vessel adequate, in-date supplies 
        of anti-retroviral medications and other medications 
        designed to prevent sexually transmitted diseases after 
        a sexual assault;
          (2) maintain on the vessel equipment and materials 
        for performing a medical examination in sexual assault 
        cases to evaluate the patient for trauma, provide 
        medical care, and preserve relevant medical evidence;
          (3) make available on the vessel at all times medical 
        staff who have undergone a credentialing process to 
        verify that he or she--
                  (A) possesses a current physician's or 
                registered nurse's license and--
                          (i) has at least 3 years of post-
                        graduate or post-registration clinical 
                        practice in general and emergency 
                        medicine; or
                          (ii) holds board certification in 
                        emergency medicine, family practice 
                        medicine, or internal medicine;
                  (B) is able to provide assistance in the 
                event of an alleged sexual assault, has 
                received training in conducting forensic sexual 
                assault examination, and is able to promptly 
                perform such an examination upon request and 
                provide proper medical treatment of a victim, 
                including administration of anti-retroviral 
                medications and other medications that may 
                prevent the transmission of human 
                immunodeficiency virus and other sexually 
                transmitted diseases; and
                  (C) meets guidelines established by the 
                American College of Emergency Physicians 
                relating to the treatment and care of victims 
                of sexual assault;
          (4) prepare, provide to the patient, and maintain 
        written documentation of the findings of such 
        examination that is signed by the patient; and
          (5) provide the patient free and immediate access 
        to--
                  (A) contact information for local law 
                enforcement, the Federal Bureau of 
                Investigation, the United States Coast Guard, 
                the nearest United States consulate or embassy, 
                and the National Sexual Assault Hotline program 
                or other third party victim advocacy hotline 
                service; and
                  (B) a private telephone line and Internet-
                accessible computer terminal by which the 
                individual may confidentially access law 
                enforcement officials, an attorney, and the 
                information and support services available 
                through the National Sexual Assault Hotline 
                program or other third party victim advocacy 
                hotline service.
  (e) Confidentiality of Sexual Assault Examination and Support 
Information.--The master or other individual in charge of a 
vessel to which this section applies shall--
          (1) treat all information concerning an examination 
        under subsection (d) confidential, so that no medical 
        information may be released to the cruise line or other 
        owner of the vessel or any legal representative thereof 
        without the prior knowledge and approval in writing of 
        the patient, or, if the patient is unable to provide 
        written authorization, the patient's next-of-kin, 
        except that nothing in this paragraph prohibits the 
        release of--
                  (A) information, other than medical findings, 
                necessary for the owner or master of the vessel 
                to comply with the provisions of subsection (g) 
                or other applicable incident reporting laws;
                  (B) information to secure the safety of 
                passengers or crew on board the vessel; or
                  (C) any information to law enforcement 
                officials performing official duties in the 
                course and scope of an investigation; and
          (2) treat any information derived from, or obtained 
        in connection with, post-assault counseling or other 
        supportive [services confidential] services as 
        confidential, so no such information may be released to 
        the cruise line or any legal representative thereof 
        without the prior knowledge and approval in writing of 
        the patient, or, if the patient is unable to provide 
        written authorization, the patient's next-of-kin.
  (f) Crew Access to Passenger Staterooms.--The owner of a 
vessel to which this section applies shall--
          (1) establish and implement procedures and 
        restrictions concerning--
                  (A) which crewmembers have access to 
                passenger staterooms; and
                  (B) the periods during which they have that 
                access; and
          (2) ensure that the procedures and restrictions are 
        fully and properly implemented and periodically 
        reviewed.
  (g) Log Book and Reporting Requirements.--
          (1) In general.--The owner of a vessel to which this 
        section applies shall--
                  (A) record in a log book, either 
                electronically or otherwise, in a centralized 
                location readily accessible to law enforcement 
                personnel, a report on--
                          (i) all complaints of crimes 
                        described in paragraph (3)(A)(i),
                          (ii) all complaints of theft of 
                        property valued in excess of $1,000, 
                        and
                          (iii) all complaints of other crimes,
                committed on any voyage that embarks or 
                disembarks passengers in the United States; and
                  (B) make such log book available upon request 
                to any agent of the Federal Bureau of 
                Investigation, any member of the United States 
                Coast Guard, and any law enforcement officer 
                performing official duties in the course and 
                scope of an investigation.
          (2) Details required.--The information recorded under 
        paragraph (1) shall include, at a minimum--
                  (A) the vessel operator;
                  (B) the name of the cruise line;
                  (C) the flag under which the vessel was 
                operating at the time the reported incident 
                occurred;
                  (D) the age and gender of the victim and the 
                accused assailant;
                  (E) the nature of the alleged crime or 
                complaint, as applicable, including whether the 
                alleged perpetrator was a passenger or a 
                crewmember;
                  (F) the vessel's position at the time of the 
                incident, if known, or the position of the 
                vessel at the time of the initial report;
                  (G) the time, date, and method of the initial 
                report and the law enforcement authority to 
                which the initial report was made;
                  (H) the time and date the incident occurred, 
                if known;
                  (I) the total number of passengers and the 
                total number of crew members on the voyage; and
                  (J) the case number or other identifier 
                provided by the law enforcement authority to 
                which the initial report was made.
          (3) Requirement to report crimes and other 
        information.--
                  (A) In general.--The owner of a vessel to 
                which this section applies (or the owner's 
                designee)--
                          (i) shall contact the nearest Federal 
                        Bureau of Investigation Field Office or 
                        Legal Attache by telephone as soon as 
                        possible after the occurrence on board 
                        the vessel of an incident involving 
                        homicide, suspicious death, a missing 
                        United States national, kidnapping, 
                        assault with serious bodily injury, any 
                        offense to which section 2241, 2242, 
                        2243, or 2244(a) or (c) of title 18 
                        applies, firing or tampering with the 
                        vessel, or theft of money or property 
                        in excess of $10,000 to report the 
                        incident;
                          (ii) shall furnish a written report 
                        of each incident specified in clause 
                        (i) to the Internet website maintained 
                        by the Secretary of Transportation 
                        under paragraph (4)(A);
                          (iii) may report any serious incident 
                        that does not meet the reporting 
                        requirements of clause (i) and that 
                        does not require immediate attention by 
                        the Federal Bureau of Investigation via 
                        the Internet website maintained by the 
                        Secretary of Transportation under 
                        paragraph (4)(A); and
                          (iv) may report any other criminal 
                        incident involving passengers or 
                        crewmembers, or both, to the proper 
                        State or local government law 
                        enforcement authority.
                  (B) Incidents to which subparagraph (A) 
                applies.--Subparagraph (A) applies to an 
                incident involving criminal activity if--
                          (i) the vessel, regardless of 
                        registry, is owned, in whole or in 
                        part, by a United States person, 
                        regardless of the nationality of the 
                        victim or perpetrator, and the incident 
                        occurs when the vessel is within the 
                        admiralty and maritime jurisdiction of 
                        the United States and outside the 
                        jurisdiction of any State;
                          (ii) the incident concerns an offense 
                        by or against a United States national 
                        committed outside the jurisdiction of 
                        any nation;
                          (iii) the incident occurs in the 
                        Territorial Sea of the United States, 
                        regardless of the nationality of the 
                        vessel, the victim, or the perpetrator; 
                        or
                          (iv) the incident concerns a victim 
                        or perpetrator who is a United States 
                        national on a vessel during a voyage 
                        that departed from or will arrive at a 
                        United States port.
          (4) Availability of incident data via internet.--
                  (A) Website.--
                          (i) In general.--The Secretary of 
                        Transportation shall maintain a 
                        statistical compilation of all 
                        incidents on board a cruise vessel 
                        specified in paragraph (3)(A)(i) on an 
                        Internet website that provides a 
                        numerical accounting of the missing 
                        persons and alleged crimes reported 
                        under that paragraph without regard to 
                        the investigative status of the 
                        incident.
                          (ii) Updates and other 
                        requirements.--The compilation under 
                        clause (i) shall--
                                  (I) be updated not less 
                                frequently than quarterly;
                                  (II) be able to be sorted by 
                                cruise line;
                                  (III) identify each cruise 
                                line by name;
                                  (IV) identify each crime or 
                                alleged crime committed or 
                                allegedly committed by a 
                                passenger or crewmember;
                                  (V) identify the number of 
                                individuals alleged overboard; 
                                and
                                  (VI) include the approximate 
                                number of passengers and crew 
                                carried by each cruise line 
                                during each quarterly reporting 
                                period.
                          (iii) User-friendly format.--The 
                        Secretary of Transportation shall 
                        ensure that the compilation, data, and 
                        any other information provided on the 
                        Internet website maintained under this 
                        subparagraph are in a user-friendly 
                        format. The Secretary shall, to the 
                        greatest extent practicable, use 
                        existing commercial off the shelf 
                        technology to transfer and establish 
                        the website, and shall not 
                        independently develop software, or 
                        acquire new hardware in operating the 
                        site.
                  (B) Access to website.--Each cruise line 
                taking on or discharging passengers in the 
                United States shall include a link on its 
                Internet website to the website maintained by 
                the Secretary of Transportation under 
                subparagraph (A).
  (h) Enforcement.--
          (1) Penalties.--
                  (A) Civil penalty.--Any person that violates 
                this section or a regulation under this section 
                shall be liable for a civil penalty of not more 
                than $25,000 for each day during which the 
                violation continues, except that the maximum 
                penalty for a continuing violation is $50,000.
                  (B) Criminal penalty.--Any person that 
                willfully violates this section or a regulation 
                under this section shall be fined not more than 
                $250,000 or imprisoned not more than 1 year, or 
                both.
          (2) Denial of entry.--The Secretary may deny entry 
        into the United States to a vessel to which this 
        section applies if the owner of the vessel--
                  (A) commits an act or omission for which a 
                penalty may be imposed under this subsection; 
                or
                  (B) fails to pay a penalty imposed on the 
                owner under this subsection.
  (i) Procedures.--[Within 6 months after the date of enactment 
of the Cruise Vessel Security and Safety Act of 2010, the 
Secretary shall issue] The Secretary shall maintain guidelines, 
training curricula, and inspection and certification procedures 
necessary to carry out the requirements of this section.
  (j) Regulations.--The Secretary and the Commandant shall each 
issue such regulations as are necessary to implement this 
section.
  (k) Application.--
          (1) In general.--This section and section 3508 apply 
        to a passenger vessel (as defined in [section 2101(22)] 
        section 2101(31)) that--
                  (A) is authorized to carry at least 250 
                passengers;
                  (B) has onboard sleeping facilities for each 
                passenger;
                  (C) is on a voyage that embarks or disembarks 
                passengers in the United States; and
                  (D) is not engaged on a coastwise voyage.
          (2) Federal and state vessels.--This section and 
        section 3508 do not apply to a vessel of the United 
        States operated by the Federal Government or a vessel 
        owned and operated by a State.
  [(l) Definitions.--In this section and section 3508:
          [(1) Commandant.--The term ``Commandant'' means the 
        Commandant of the Coast Guard.
          [(2) Owner.--The term ``owner'' means the owner, 
        charterer, managing operator, master, or other 
        individual in charge of a vessel.]
  (l) Definition.--In this section and section 3508, the term 
``owner'' means the owner, charterer, managing operator, 
master, or other individual in charge of a vessel.

Sec. 3508. Crime scene preservation training for passenger vessel 
                    crewmembers

  (a) In General.--[Within 1 year after the date of enactment 
of the Cruise Vessel Security and Safety Act of 2010, the] The 
Secretary, in consultation with the Director of the Federal 
Bureau of Investigation and the Maritime Administration, shall 
[develop] maintain training standards and curricula to allow 
for the certification of passenger vessel security personnel, 
crewmembers, and law enforcement officials on the appropriate 
methods for prevention, detection, evidence preservation, and 
reporting of criminal activities in the international maritime 
environment. The Administrator of the Maritime Administration 
may certify organizations in the United States and abroad that 
offer the curriculum for training and certification under 
subsection (c).
  (b) Minimum Standards.--The standards established by the 
Secretary under subsection (a) shall include--
          (1) the training and certification of vessel security 
        personnel, crewmembers, and law enforcement officials 
        in accordance with accepted law enforcement and 
        security guidelines, policies, and procedures, 
        including recommendations for incorporating a 
        background check process for personnel trained and 
        certified in foreign ports;
          (2) the training of students and instructors in all 
        aspects of prevention, detection, evidence 
        preservation, and reporting of criminal activities in 
        the international maritime environment; and
          (3) the provision or recognition of off-site training 
        and certification courses in the United States and 
        foreign countries to develop and provide the required 
        training and certification described in subsection (a) 
        and to enhance security awareness and security 
        practices related to the preservation of evidence in 
        response to crimes on board passenger vessels.
  (c) Certification Requirement.--[Beginning 2 years after the 
standards are established under subsection (b), no] No vessel 
to which this section applies may enter a United States port on 
a voyage (or voyage segment) on which a United States citizen 
is a passenger unless there is at least 1 crewmember onboard 
who is certified as having successfully completed training in 
the prevention, detection, evidence preservation, and reporting 
of criminal activities in the international maritime 
environment on passenger vessels under subsection (a).
  [(d) Interim Training Requirement.--No vessel to which this 
section applies may enter a United States port on a voyage (or 
voyage segment) on which a United States citizen is a passenger 
unless there is at least 1 crewmember onboard who has been 
properly trained in the prevention detection, evidence 
preservation and the reporting requirements of criminal 
activities in the international maritime environment. The owner 
of a such a vessel shall maintain certification or other 
documentation, as prescribed by the Secretary, verifying the 
training of such individual and provide such documentation upon 
request for inspection in connection with enforcement of the 
provisions of this section. This subsection shall take effect 1 
year after the date of enactment of the Cruise Vessel Safety 
and Security Act of 2010 and shall remain in effect until 
superseded by the requirements of subsection (c).
  [(e)] (d) Civil Penalty.--Any person that violates this 
section or a regulation under this section shall be liable for 
a civil penalty of not more than $50,000.
  [(f)] (e) Denial of Entry.--The Secretary may deny entry into 
the United States to a vessel to which this section applies if 
the owner of the vessel--
          (1) commits an act or omission for which a penalty 
        may be imposed under [subsection (e)] subsection (d); 
        or
          (2) fails to pay a penalty imposed on the owner under 
        [subsection (e)] subsection (d).

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CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

           *       *       *       *       *       *       *


Sec. 3701. Definitions

  In this chapter--
          (1) ``existing'', when referring to a type of vessel 
        to which this chapter applies, means a vessel that is 
        not a new vessel.
          [(3)] (2) ``new'', when referring to a type of vessel 
        to which this chapter applies, means a vessel--
                  (A) for which the building contract is placed 
                after June 1, 1979;
                  (B) in the absence of a building contract, 
                the keel of which is laid, or which is at a 
                similar stage of construction, after January 1, 
                1980;
                  (C) the delivery of which is after June 1, 
                1982; or
                  (D) that has undergone a major conversion 
                under a contract made after June 1, 1979, or 
                construction work that began after January 1, 
                1980, or was completed after June 1, 1982.
          [(4)] (3) ``person'' means an individual (even if not 
        a citizen or national of the United States), a 
        corporation, partnership, association, or other entity 
        (even if not organized or existing under the laws of a 
        State), the United States Government, a State or local 
        government, a government of a foreign country, or an 
        entity of one of those governments.

           *       *       *       *       *       *       *


Sec. 3703a. Tank vessel construction standards

  (a) Except as otherwise provided in this section, a vessel to 
which this chapter applies shall be equipped with a double 
hull--
          (1) if it is constructed or adapted to carry, or 
        carries, oil in bulk as cargo or cargo residue; and
          (2) when operating on the waters subject to the 
        jurisdiction of the United States, including the 
        Exclusive Economic Zone.
  (b) This section does not apply to--
          (1) a vessel used only to respond to a discharge of 
        oil or a hazardous substance;
          (2) a vessel of less than 5,000 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 equipped with a double containment 
        system determined by the Secretary to be as effective 
        as a double hull for the prevention of a discharge of 
        oil;
          [(3) before January 1, 2015--
                  [(A) a vessel unloading oil in bulk at a 
                deepwater port licensed under the Deepwater 
                Port Act of 1974 (33 U.S.C. 1501 et seq.); or
                  [(B) a delivering vessel that is offloading 
                in lightering activities--
                          [(i) within a lightering zone 
                        established under section 3715(b)(5) of 
                        this title; and
                          [(ii) more than 60 miles from the 
                        baseline from which the territorial sea 
                        of the United States is measured;
          [(4)] (3) a vessel documented under chapter 121 of 
        this title that was equipped with a double hull before 
        August 12, 1992;
          [(5)] (4) a barge of less than 1,500 gross tons (as 
        measured under chapter 145 of this title) carrying 
        refined petroleum product in bulk as cargo in or 
        adjacent to waters of the Bering Sea, Chukchi Sea, and 
        Arctic Ocean and waters tributary thereto and in the 
        waters of the Aleutian Islands and the Alaskan 
        Peninsula west of 155 degrees west longitude; or
          [(6)] (5) a vessel in the National Defense Reserve 
        Fleet pursuant to section 57100.
  (c)(1) In this subsection, the age of a vessel is determined 
from the later of the date on which the vessel--
          (A) is delivered after original construction;
          (B) is delivered after completion of a major 
        conversion; or
          (C) had its appraised salvage value determined by the 
        Coast Guard and is qualified for documentation as a 
        wrecked vessel under section 12112 of this title.
  (2) A vessel of less than 5,000 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 for which a 
building contract or contract for major conversion was placed 
before June 30, 1990, and [that is delivered] that was 
delivered under that contract before January 1, 1994, and a 
vessel of less than 5,000 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 had its appraised 
salvage value determined by the Coast Guard before June 30, 
1990, and [that qualifies] that qualified for documentation as 
a wrecked vessel under section 12112 of this title before 
January 1, 1994, may not operate in the navigable waters or the 
Exclusive Economic Zone of the United States [after January 1, 
2015,] unless the vessel is equipped with a double hull or with 
a double containment system determined by the Secretary to be 
as effective as a double hull for the prevention of a discharge 
of oil.
  (3) A vessel for which a building contract or contract for 
major conversion was placed before June 30, 1990, and [that is 
delivered] that was delivered under that contract before 
January 1, 1994, and a vessel that had its appraised salvage 
value determined by the Coast Guard before June 30, 1990, and 
[that qualifies] that qualified for documentation as a wrecked 
vessel under section 12112 of this title before January 1, 
1994, may not operate in the navigable waters or Exclusive 
Economic Zone of the United States unless equipped with a 
double hull--
          [(A) in the case of a vessel of at least 5,000 gross 
        tons but less than 15,000 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) after January 1, 1995, if the vessel is 
                40 years old or older and has a single hull, or 
                is 45 years old or older and has a double 
                bottom or double sides;
                  [(ii) after January 1, 1996, if the vessel is 
                39 years old or older and has a single hull, or 
                is 44 years old or older and has a double 
                bottom or double sides;
                  [(iii) after January 1, 1997, if the vessel 
                is 38 years old or older and has a single hull, 
                or is 43 years old or older and has a double 
                bottom or double sides;
                  [(iv) after January 1, 1998, if the vessel is 
                37 years old or older and has a single hull, or 
                is 42 years old or older and has a double 
                bottom or double sides;
                  [(v) after January 1, 1999, if the vessel is 
                36 years old or older and has a single hull, or 
                is 41 years old or older and has a double 
                bottom or double sides;
                  [(vi) after January 1, 2000, if the vessel is 
                35 years old or older and has a single hull, or 
                is 40 years old or older and has a double 
                bottom or double sides; and
                  [(vii) after January 1, 2005, if the vessel 
                is 25 years old or older and has a single hull, 
                or is 30 years old or older and has a double 
                bottom or double sides;
          [(B) in the case of a vessel of at least 15,000 gross 
        tons but less than 30,000 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) after January 1, 1995, if the vessel is 
                40 years old or older and has a single hull, or 
                is 45 years old or older and has a double 
                bottom or double sides;
                  [(ii) after January 1, 1996, if the vessel is 
                38 years old or older and has a single hull, or 
                is 43 years old or older and has a double 
                bottom or double sides;
                  [(iii) after January 1, 1997, if the vessel 
                is 36 years old or older and has a single hull, 
                or is 41 years old or older and has a double 
                bottom or double sides;
                  [(iv) after January 1, 1998, if the vessel is 
                34 years old or older and has a single hull, or 
                is 39 years old or older and has a double 
                bottom or double sides;
                  [(v) after January 1, 1999, if the vessel is 
                32 years old or older and has a single hull, or 
                37 years old or older and has a double bottom 
                or double sides;
                  [(vi) after January 1, 2000, if the vessel is 
                30 years old or older and has a single hull, or 
                is 35 years old or older and has a double 
                bottom or double sides;
                  [(vii) after January 1, 2001, if the vessel 
                is 29 years old or older and has a single hull, 
                or is 34 years old or older and has a double 
                bottom or double sides;
                  [(viii) after January 1, 2002, if the vessel 
                is 28 years old or older and has a single hull, 
                or is 33 years old or older and has a double 
                bottom or double sides;
                  [(ix) after January 1, 2003, if the vessel is 
                27 years old or older and has a single hull, or 
                is 32 years old or older and has a double 
                bottom or double sides;
                  [(x) after January 1, 2004, if the vessel is 
                26 years old or older and has a single hull, or 
                is 31 years old or older and has a double 
                bottom or double sides; and
                  [(xi) after January 1, 2005, if the vessel is 
                25 years old or older and has a single hull, or 
                is 30 years old or older and has a double 
                bottom or double sides; and
          [(C) in the case of a vessel of at least 30,000 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) after January 1, 1995, if the vessel is 
                28 years old or older and has a single hull, or 
                33 years old or older and has a double bottom 
                or double sides;
                  [(ii) after January 1, 1996, if the vessel is 
                27 years old or older and has a single hull, or 
                is 32 years old or older and has a double 
                bottom or double sides;
                  [(iii) after January 1, 1997, if the vessel 
                is 26 years old or older and has a single hull, 
                or is 31 years old or older and has a double 
                bottom or double sides;
                  [(iv) after January 1, 1998, if the vessel is 
                25 years old or older and has a single hull, or 
                is 30 years old or older and has a double 
                bottom or double sides;
                  [(v) after January 1, 1999, if the vessel is 
                24 years old or older and has a single hull, or 
                29 years old or older and has a double bottom 
                or double sides; and
                  [(vi) after January 1, 2000, if the vessel is 
                23 years old or older and has a single hull, or 
                is 28 years old or older and has a double 
                bottom or double sides.]
          (A) in the case of a vessel of at least 5,000 gross 
        tons but less than 15,000 gross tons as measured under 
        section 14502, or an alternate tonnage measured under 
        section 14302 as prescribed by the Secretary under 
        section 14104, if the vessel is 25 years old or older 
        and has a single hull, or is 30 years old or older and 
        has a double bottom or double sides;
          (B) in the case of a vessel of at least 15,000 gross 
        tons but less than 30,000 gross tons as measured under 
        section 14502, or an alternate tonnage measured under 
        section 14302 as prescribed by the Secretary under 
        section 14104, if the vessel is 25 years old or older 
        and has a single hull, or is 30 years old or older and 
        has a double bottom or double sides; and
          (C) in the case of a vessel of at least 30,000 gross 
        tons as measured under section 14502, or an alternate 
        tonnage measured under section 14302 as prescribed by 
        the Secretary under section 14104, if the vessel is 23 
        years old or older and has a single hull, or is 28 
        years old or older and has a double bottom or double 
        sides.
  (4) Except as provided in subsection (b) of this section--
          (A) a vessel that has a single hull may not operate 
        after January 1, 2010; and
          (B) a vessel that has a double bottom or double sides 
        may not operate after January 1, 2015.
  (d) The operation of barges described in subsection (b)(5) 
outside waters described in that subsection shall be on any 
conditions as the Secretary may require.
  (e)(1) For the purposes of this section [and except as 
otherwise provided in paragraphs (2) and (3) of this 
subsection], the gross tonnage of a vessel shall be the gross 
tonnage that would have been recognized by the Secretary on 
July 1, 1997, as the tonnage measured under section 14502 of 
this title, or as an alternate tonnage measured under section 
14302 of this title as prescribed by the Secretary under 
section 14104 of this title.
  [(2)(A) The Secretary may waive the application of paragraph 
(1) to a tank vessel if--
          [(i) the owner of the tank vessel applies to the 
        Secretary for the waiver before January 1, 1998;
          [(ii) the Secretary determines that--
                  [(I) the owner of the tank vessel has entered 
                into a binding agreement to alter the tank 
                vessel in a shipyard in the United States to 
                reduce the gross tonnage of the tank vessel by 
                converting a portion of the cargo tanks of the 
                tank vessel into protectively located 
                segregated ballast tanks; and
                  [(II) that conversion will result in a 
                significant reduction in the risk of a 
                discharge of oil;
          [(iii) at least 60 days before the date of the 
        issuance of the waiver, the Secretary--
                  [(I) publishes notice that the Secretary has 
                received the application and made the 
                determinations required by clause (ii), 
                including a description of the agreement 
                entered into pursuant to clause (ii)(I); and
                  [(II) provides an opportunity for submission 
                of comments regarding the application; and
          [(iv) the alterations referred to in clause (ii)(I) 
        are completed before the later of--
                  [(I) the date by which the first special 
                survey of the tank vessel is required to be 
                completed after the date of the enactment of 
                the National Defense Authorization Act for 
                Fiscal Year 1998; or
                  [(II) July 1, 1999.
  [(B) A waiver under subparagraph (A) shall not be effective 
after the expiration of the 3-year period beginning on the 
first date on which the tank vessel would have been prohibited 
by subsection (c) from operating if the alterations referred to 
in subparagraph (A)(ii)(I) were not made.]
  [(3)] (2) This subsection does not apply to a tank vessel 
that, before July 1, 1997, had undergone, or was the subject of 
a contract for, alterations that reduce the gross tonnage of 
the tank vessel, as shown by reliable evidence acceptable to 
the Secretary.

           *       *       *       *       *       *       *


Sec. 3705. Crude oil tanker minimum standards

  (a) A new crude oil tanker of at least 20,000 deadweight tons 
shall be equipped with--
          (1) protectively located segregated ballast tanks;
          (2) a crude oil washing system; and
          (3) a cargo tank protection system consisting of a 
        fixed deck froth system and a fixed inert gas system.
  (b)[(1)] An existing crude oil tanker of at least 40,000 
deadweight tons shall be equipped with--
          [(A)] (1) segregated ballast tanks; or
          [(B)] (2) a crude oil washing system.
  [(2) Compliance with paragraph (1) of this subsection may be 
delayed until June 1, 1985, for any tanker of less than 70,000 
deadweight tons that has dedicated clean ballast tanks.]
  (c) An existing crude oil tanker of at least 20,000 
deadweight tons but less than 40,000 deadweight tons, and at 
least 15 years of age, shall be equipped with segregated 
ballast tanks or a crude oil washing system [before January 2, 
1986, or the date on which the tanker reaches 15 years of age, 
whichever is later].
  (d) An existing crude oil tanker of at least 20,000 
deadweight tons shall be equipped with an inert gas system. 
However, for a crude oil tanker of less than 40,000 deadweight 
tons not fitted with high capacity tank washing machines, the 
Secretary may grant an exemption if the vessel's owner can show 
clearly that compliance would be unreasonable and impracticable 
due to the vessel's design characteristics.
  (e) A crude oil tanker engaged in transferring oil from an 
offshore oil exploitation or production facility on the Outer 
Continental Shelf of the United States shall be equipped with 
segregated ballast tanks, or may operate with dedicated clean 
ballast tanks or special ballast arrangements. However, the 
tanker shall comply with other applicable minimum standards of 
this section.

Sec. 3706. Product carrier minimum standards

  (a) A new product carrier of at least 30,000 deadweight tons 
shall be equipped with protectively located segregated ballast 
tanks.
  (b) A new product carrier of at least 20,000 deadweight tons 
shall be equipped with a cargo tank protection system 
consisting of a fixed deck froth system and a fixed inert gas 
system or, if the product carrier carries dedicated products 
incompatible with the cargo tank protection system, an 
alternate protection system authorized by the Secretary.
  (c) An existing product carrier of at least 40,000 deadweight 
tons shall be equipped with segregated ballast tanks or may 
operate with dedicated clean ballast tanks.
  (d) An existing product carrier of at least 20,000 deadweight 
tons but less than 40,000 deadweight tons, and at least 15 
years of age, shall be equipped with segregated ballast tanks 
or may operate with dedicated clean ballast tanks [before 
January 2, 1986, or the date on which it reaches 15 years of 
age, whichever is later].
  (e) An existing product carrier of at least 40,000 deadweight 
tons, or an existing product carrier of at least 20,000 
deadweight tons but less than 40,000 deadweight tons that is 
fitted with high-capacity tank washing machines, shall be 
equipped with an inert gas system.

           *       *       *       *       *       *       *


CHAPTER 41--UNINSPECTED VESSELS GENERALLY

           *       *       *       *       *       *       *


Sec. 4105. Uninspected passenger vessels

  (a) Chapter 43 of this title applies to an uninspected 
passenger vessel.
  (b)(1) In applying this title with respect to an uninspected 
vessel of less than 24 meters overall in length that carries 
passengers to or from a port in the United States Virgin 
Islands, the Secretary shall substitute ``12 passengers'' for 
``6 passengers'' each place it appears in [section 2101(42)] 
section 2101(51) if the Secretary determines that the vessel 
complies with, as applicable to the vessel--
                  (A) the Code of Practice for the Safety of 
                Small Commercial Motor Vessels (commonly 
                referred to as the ``Yellow Code''), as 
                published by the U.K. Maritime and Coastguard 
                Agency and in effect on January 1, 2014; or
                  (B) the Code of Practice for the Safety of 
                Small Commercial Sailing Vessels (commonly 
                referred to as the ``Blue Code''), as published 
                by such agency and in effect on such date.
          (2) If the Secretary establishes standards to carry 
        out this subsection--
                  (A) such standards shall be identical to 
                those established in the Codes of Practice 
                referred to in paragraph (1); and
                  (B) on any dates before the date on which 
                such standards are in effect, the Codes of 
                Practice referred to in paragraph (1) shall 
                apply with respect to the vessels referred to 
                in paragraph (1).
  (c) The Secretary shall, by regulation, require certain 
additional equipment which may include liferafts or other 
lifesaving equipment, construction standards, or specify 
additional operating standards for those uninspected passenger 
vessels defined in [section 2101(42)(A)] section 2101(51)(A) of 
this title.

PART D--MARINE CASUALTIES

           *       *       *       *       *       *       *


CHAPTER 61--REPORTING MARINE CASUALTIES

           *       *       *       *       *       *       *


Sec. 6101. Marine casualties and reporting

  (a) The Secretary shall prescribe regulations on the marine 
casualties to be reported and the manner of reporting. The 
regulations shall require reporting the following marine 
casualties:
          (1) death of an individual.
          (2) serious injury to an individual.
          (3) material loss of property.
          (4) material damage affecting the seaworthiness or 
        efficiency of the vessel.
          (5) significant harm to the environment.
  (b) A marine casualty shall be reported within 5 days as 
provided in this part and regulations prescribed under this 
part. Each report filed under this section shall include 
information as to whether the use of alcohol contributed to the 
casualty.
  (c) Notice to State and Tribal Governments.--Not later than 
24 hours after receiving a notice of a major marine casualty 
under this section, the Secretary shall notify each State or 
federally recognized Indian tribe that is, or may reasonably be 
expected to be, affected by such marine casualty.
  (d)(1) This part applies to a foreign vessel when involved in 
a marine casualty on the navigable waters of the United States.
  (2) This part applies, to the extent consistent with 
generally recognized principles of international law, to a 
foreign vessel constructed or adapted to carry, or that 
carries, oil in bulk as cargo or cargo residue involved in a 
marine casualty described under subsection (a)(4) or (5) in 
waters subject to the jurisdiction of the United States, 
including the Exclusive Economic Zone.
  (e) A marine casualty not resulting in the death of an 
individual shall be classified according to the gravity of the 
casualty, as prescribed by regulation, giving consideration to 
the extent of injuries to individuals, the extent of property 
damage, the dangers that the casualty creates, and the size, 
occupation, and means of propulsion of each vessel involved.
  (f)(1) This chapter applies to a marine casualty involving a 
United States citizen on a foreign passenger vessel operating 
south of 75 degrees north latitude, west of 35 degrees west 
longitude, and east of the International Date Line; or 
operating in the area south of 60 degrees south latitude that--
          (A) embarks or disembarks passengers in the United 
        States; or
          (B) transports passengers traveling under any form of 
        air and sea ticket package marketed in the United 
        States.
  (2) When there is a marine casualty described in paragraph 
(1) of this subsection and an investigation is conducted, the 
Secretary shall ensure that the investigation--
          (A) is thorough and timely; and
          (B) produces findings and recommendations to improve 
        safety on passenger vessels.
  (3) When there is a marine casualty described in paragraph 
(1) of this subsection, the Secretary may--
          (A) seek a multinational investigation of the 
        casualty under auspices of the International Maritime 
        Organization; or
          (B) conduct an investigation of the casualty under 
        chapter 63 of this title.
  (g) To the extent consistent with generally recognized 
practices and procedures of international law, this part 
applies to a foreign vessel involved in a marine casualty or 
incident, as defined in the International Maritime Organization 
Code for the Investigation of Marine Casualties and Incidents, 
where the United States is a Substantially Interested State and 
is, or has the consent of, the Lead Investigating State under 
the Code.
  (h) The Secretary shall publish all major marine casualty 
reports prepared in accordance with this section in an 
electronic form, and shall provide information electronically 
regarding how other marine casualty reports can be obtained.
  (i) For purposes of this section, the term ``major marine 
casualty'' means a casualty involving a vessel, other than a 
public vessel, that results in--
  (1) the loss of 6 or more lives;
  (2) the loss of a mechanically propelled vessel of 100 or 
more gross tons;
  (3) property damage initially estimated at $500,000 or more; 
or
  (4) serious threat, as determined by the Commandant [of the 
Coast Guard] with concurrence by the Chairman of the National 
Transportation Safety Board, to life, property, or the 
environment by hazardous materials.
  (j) The Secretary shall[, as soon as possible, and no later 
than January 1, 2005,] publish all marine casualty reports 
prepared in accordance with this section in an electronic form.

           *       *       *       *       *       *       *


PART E--MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS

           *       *       *       *       *       *       *


   CHAPTER 75--GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND 
DOCUMENTATION

           *       *       *       *       *       *       *


[Sec. 7503. Dangerous drugs as grounds for denial

  [(b) A license, certificate of registry, or merchant 
mariner's document authorized to be issued under this part may 
be denied to an individual who--
          [(1) within 10 years before applying for the license, 
        certificate, or document, has been convicted of 
        violating a dangerous drug law of the United States or 
        of a State; or
          [(2) when applying, has ever been a user of, or 
        addicted to, a dangerous drug unless the individual 
        provides satisfactory proof that the individual is 
        cured.]

Sec. 7503. Dangerous drugs as grounds for denial

  A license, certificate of registry, or merchant mariner's 
document authorized to be issued under this part may be denied 
to an individual who--
          (1) within 10 years before applying for the license, 
        certificate, or document, has been convicted of 
        violating a dangerous drug law of the United States or 
        of a State; or
          (2) when applying, has ever been a user of, or 
        addicted to, a dangerous drug unless the individual 
        provides satisfactory proof that the individual is 
        cured.

           *       *       *       *       *       *       *


Sec. 7505. Review of information in National Driver Register

  The Secretary shall make information received from the 
National Driver Register under [section 206(b)(7) of the 
National Driver Register Act of 1982 (23 U.S.C. 401 note)] 
section 30305(b)(7) of title 49 available to an individual for 
review and written comment before denying, suspending, 
revoking, or taking any other action relating to a license, 
certificate of registry, or merchant mariner's document 
authorized to be issued for that individual under this part, 
based on that information.

           *       *       *       *       *       *       *


Sec. 7510. Examinations for merchant mariner credentials

  (a) Disclosure Not Required.--Notwithstanding any other 
provision of law, the Secretary is not required to disclose to 
the public--
          (1) a question from any examination for a merchant 
        mariner credential;
          (2) the answer to such a question, including any 
        correct or incorrect answer that may be presented with 
        such question; and
          (3) any quality or characteristic of such a question, 
        including--
                  (A) the manner in which such question has 
                been, is, or may be selected for an 
                examination;
                  (B) the frequency of such selection; and
                  (C) the frequency that an examinee correctly 
                or incorrectly answered such question.
  (b) Exception for Certain Questions.--Notwithstanding 
subsection (a), the Secretary may, for the purpose of 
preparation by the general public for examinations required for 
merchant mariner credentials, release an examination question 
and answer that the Secretary has retired or is not presently 
on or part of an examination, or that the Secretary determines 
is appropriate for release.
  (c) Exam Review.--
          (1) In general.--Not later than 90 days after the 
        date of the enactment of the Coast Guard Authorization 
        Act of 2016, and once every two years thereafter, the 
        [Commandant of the Coast Guard] Commandant shall 
        commission a working group to review new questions for 
        inclusion in examinations required for merchant mariner 
        credentials, composed of--
                  (A) 1 subject matter expert from the Coast 
                Guard;
                  (B) representatives from training facilities 
                and the maritime industry, of whom--
                          (i) one-half shall be representatives 
                        from approved training facilities; and
                          (ii) one-half shall be 
                        representatives from the appropriate 
                        maritime industry;
                  (C) at least 1 representative from the 
                Merchant Marine Personnel Advisory Committee;
                  (D) at least 2 representatives from the State 
                maritime academies, of whom one shall be a 
                representative from the deck training track and 
                one shall be a representative of the engineer 
                license track;
                  (E) representatives from other Coast Guard 
                Federal advisory committees, as appropriate, 
                for the industry segment associated with the 
                subject examinations;
                  (F) at least 1 subject matter expert from the 
                Maritime Administration; and
                  (G) at least 1 human performance technology 
                representative.
          (2) Inclusion of persons knowledgeable about 
        examination type.--The working group shall include 
        representatives knowledgeable about the examination 
        type under review.
          (3) Limitation.--The requirement to convene a working 
        group under paragraph (1) does not apply unless there 
        are new examination questions to review.
          (4) Baseline review.--
                  (A) In general.--Within 1 year after the date 
                of the enactment of the Coast Guard 
                Authorization Act of 2016, the Secretary shall 
                convene the working group to complete a 
                baseline review of the Coast Guard's Merchant 
                Mariner Credentialing Examination, including 
                review of--
                          (i) the accuracy of examination 
                        questions;
                          (ii) the accuracy and availability of 
                        examination references;
                          (iii) the length of merchant mariner 
                        examinations; and
                          (iv) the use of standard technologies 
                        in administering, scoring, and 
                        analyzing the examinations.
                  (B) Progress report.--The Coast Guard shall 
                provide a progress report to the appropriate 
                congressional committees on the review under 
                this paragraph.
          (5) Full membership not required.--The Coast Guard 
        may convene the working group without all members 
        present if any non-Coast-Guard representative is 
        present.
          (6) Nondisclosure agreement.--The Secretary shall 
        require all members of the working group to sign a 
        nondisclosure agreement with the Secretary.
          (7) Treatment of members as federal employees.--A 
        member of the working group who is not a Federal 
        Government employee shall not be considered a Federal 
        employee in the service or the employment of the 
        Federal Government, except that such a member shall be 
        considered a special government employee, as defined in 
        section 202(a) of title 18 for purposes of sections 
        203, 205, 207, 208, and 209 of such title and shall be 
        subject to any administrative standards of conduct 
        applicable to an employee of the department in which 
        the Coast Guard is operating.
          (8) Formal exam review.--The Secretary shall ensure 
        that the Coast Guard Performance Technology Center--
                  (A) prioritizes the review of examinations 
                required for merchant mariner credentials; and
                  (B) not later than 3 years after the date of 
                enactment of the Coast Guard Authorization Act 
                of 2016, completes a formal review, including 
                an appropriate analysis, of the topics and 
                testing methodology employed by the National 
                Maritime Center for merchant seamen licensing.
          (9) FACA.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to any working group 
        created under this section to review the Coast Guard's 
        merchant mariner credentialing examinations.
  (d) Merchant Mariner Credential Defined.--In this section, 
the term ``merchant mariner credential'' means a merchant 
seaman license, certificate, or document that the Secretary is 
authorized to issue pursuant to this title.

           *       *       *       *       *       *       *


CHAPTER 77--SUSPENSION AND REVOCATION

           *       *       *       *       *       *       *


Sec. 7702. Administrative procedure

  (a) Sections 551-559 of title 5 apply to each hearing under 
this chapter about suspending or revoking a license, 
certificate of registry, or merchant mariner's document.
  (b) The individual whose license, certificate of registry, or 
merchant mariner's document has been suspended or revoked under 
this chapter may appeal, within 30 days, the suspension or 
revocation to the Secretary.
  (c)(1) The Secretary shall request a holder of a license, 
certificate of registry, or merchant mariner's document to make 
available to the Secretary, under [section 206(b)(4) of the 
National Driver Register Act of 1982 (23 U.S.C. 401 note)] 
section 30305(b)(7) of title 49, all information contained in 
the National Driver Register related to an offense described in 
section 205(a)(3)(A) or (B) of that Act committed by the 
individual.
  (2) The Secretary shall require the testing of the holder of 
a license, certificate of registry, or merchant mariner's 
document for use of alcohol and dangerous drugs in violation of 
law or Federal regulation. The testing may include 
preemployment (with respect to dangerous drugs only), periodic, 
random, and reasonable cause testing, and shall include post-
accident testing.
  (d)(1) The Secretary may temporarily, for not more than 45 
days, suspend and take possession of the license, certificate 
of registry, or merchant mariner's document held by an 
individual if--
          (A) that individual performs a safety sensitive 
        function on a vessel, as determined by the Secretary; 
        and
          (B) there is probable cause to believe that the 
        individual--
                  (i) has, while acting under the authority of 
                that license, certificate, or document, 
                performed the safety sensitive function in 
                violation of law or Federal regulation 
                regarding use of alcohol or a dangerous drug;
                  (ii) has been convicted of an offense that 
                would prevent the issuance or renewal of the 
                license, certificate, or document;
                  (iii) within the 3-year period preceding the 
                initiation of a suspension proceeding, has been 
                convicted of an offense described in section 
                30304(a)(3)(A) or (B) of title 49; or
                  (iv) is a security risk that poses a threat 
                to the safety or security of a vessel or a 
                public or commercial structure located within 
                or adjacent to the marine environment.
  (2) If a license, certificate, or document is temporarily 
suspended under this section, an expedited hearing under 
subsection (a) of this section shall be held within 30 days 
after the temporary suspension.

           *       *       *       *       *       *       *


Sec. 7704. Dangerous drugs as grounds for revocation

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

           *       *       *       *       *       *       *


Sec. 7706. Drug testing reporting

  (a) Release of Drug Test Results to Coast Guard.--Not later 
than 2 weeks after receiving from a Medical Review Officer a 
report of a verified positive drug test or verified test 
violation by a civilian employee of a Federal agency, an 
applicant for employment by a Federal agency, an officer in the 
Public Health Services, or an officer in the National Oceanic 
and Atmospheric Administration Commissioned Officer Corps, who 
is employed in any capacity on board a vessel operated by the 
agency, the head of the agency shall release to the Commandant 
[of the Coast Guard] the report.
  (b) Standards, Procedures, and Regulations.--The head of a 
Federal agency shall carry out a release under subsection (a) 
in accordance with the standards, procedures, and regulations 
applicable to the disclosure and reporting to the Coast Guard 
of drug tests results and drug test records of individuals 
employed on vessels documented under the laws of the United 
States.
  (c) Waiver.--Notwithstanding section 503(e) of the 
Supplemental Appropriations Act, 1987 (5 U.S.C. 7301 note), the 
report of a drug test of an employee or an applicant for 
employment by a Federal agency may be released under this 
section without the prior written consent of the employee or 
the applicant.

           *       *       *       *       *       *       *


PART F--MANNING OF VESSELS

           *       *       *       *       *       *       *


CHAPTER 81--GENERAL

           *       *       *       *       *       *       *


Sec. 8106. Riding gangs

  (a) In General.--The owner or managing operator of a freight 
vessel of the United States on voyages covered by the 
International Convention for Safety of Life at Sea, 1974 (32 
UST 47m) shall--
          (1) ensure that--
                  (A) subject to subsection (d), each riding 
                gang member on the vessel--
                          (i) is a United States citizen or an 
                        alien lawfully admitted to the United 
                        States for permanent residence; or
                          (ii) possesses a United States 
                        nonimmigrant visa for individuals 
                        desiring to enter the United States 
                        temporarily for business, employment-
                        related and personal identifying 
                        information, and any other 
                        documentation required by the 
                        Secretary;
                  (B) all required documentation for such 
                member is kept on the vessel and available for 
                inspection by the Secretary; and
                  (C) each riding gang member is identified on 
                the vessel's crew list;
          (2) ensure that--
                  (A) the owner or managing operator attests in 
                a certificate that the background of each 
                riding gang member has been examined and found 
                to be free of any credible information 
                indicating a material risk to the security of 
                the vessel, the vessel's cargo, the ports the 
                vessel visits, or other individuals onboard the 
                vessel;
                  (B) the background check consisted of a 
                search of all information reasonably available 
                to the owner or managing operator in the riding 
                gang member's country of citizenship and any 
                other country in which the riding gang member 
                works, receives employment referrals, or 
                resides;
                  (C) the certificate required under 
                subparagraph (A) is kept on the vessel and 
                available for inspection by the Secretary; and
                  (D) the information derived from any such 
                background check is made available to the 
                Secretary upon request;
          (3) ensure that each riding gang member, while on 
        board the vessel, is subject to the same random 
        chemical testing and reporting regimes as crew members;
          (4) ensure that each such riding gang member receives 
        basic safety familiarization and basic safety training 
        approved by the Coast Guard as satisfying the 
        requirements for such training under the International 
        Convention of Training, Certification, and Watchkeeping 
        for Seafarers, 1978;
          (5) prevent from boarding the vessel, or cause the 
        removal from the vessel at the first available port, 
        and disqualify from future service on board any other 
        vessel owned or operated by that owner or operator, any 
        riding gang member--
                  (A) who has been convicted in any 
                jurisdiction of an offense described in 
                paragraph (2) or (3) of section 7703;
                  (B) whose license, certificate of registry, 
                or merchant mariner's document has been 
                suspended or revoked under section 7704; or
                  (C) who otherwise constitutes a threat to the 
                safety of the vessel;
          (6) ensure and certify to the Secretary that the sum 
        of--
                  (A) the number of riding gang members on 
                board a freight vessel, and
                  (B) the number of individuals in addition to 
                crew permitted under section 3304,
        does not exceed 12;
          (7) ensure that every riding gang member is employed 
        on board the vessel under conditions that meet or 
        exceed the minimum international standards of all 
        applicable international labor conventions to which the 
        United States is a party, including all of the merchant 
        seamen protection and relief provided under United 
        States law; and
          (8) ensure that each riding gang member--
                  (A) is supervised by an individual who holds 
                a license issued under chapter 71; and
                  (B) only performs work in conjunction with 
                individuals who hold merchant mariners 
                documents issued under chapter 73 and who are 
                part of the vessel's crew.
  (b) Permitted Work.--Subject to subsection (f), a riding gang 
member on board a vessel to which subsection (a) applies who is 
neither a United States citizen nor an alien lawfully admitted 
to the United States for permanent residence may not perform 
any work on board the vessel other than--
          (1) work in preparation of a vessel entering a 
        shipyard located outside of the United States;
          (2) completion of the residual repairs after 
        departing a shipyard located outside of the United 
        States; or
          (3) technical in-voyage repairs, in excess of any 
        repairs that can be performed by the vessel's crew, in 
        order to advance the vessel's useful life without 
        having to actually enter a shipyard.
  (c) Workday Limit.--
          (1) In general.--The maximum number of days in any 
        calendar year that the owner or operator of a vessel to 
        which subsection (a) applies may employ on board riding 
        gang members who are neither United States citizens nor 
        aliens lawfully admitted to the United States for 
        permanent residence for work on board that vessel is 60 
        days. If the vessel is at sea on the 60th day, each 
        riding gang member shall be discharged from the vessel 
        at the next port of call reached by the vessel after 
        the date on which the 60-workday limit is reached.
          (2) Calculation.--For the purpose of calculating the 
        60-workday limit under this subsection, each day worked 
        by a riding gang member who is neither a United States 
        citizen nor an alien lawfully admitted to the United 
        States for permanent residence shall be counted against 
        the limitation.
  (d) Exceptions for Warranty Work.--
          (1) In general.--Subsections (b), (c), (e), and (f) 
        do not apply to a riding gang member employed 
        exclusively to perform, and who performs only, work 
        that is--
                  (A) customarily performed by original 
                equipment manufacturers' technical 
                representatives;
                  (B) required by a manufacturer's warranty on 
                specific machinery and equipment; or
                  (C) required by a contractual guarantee or 
                warranty on actual repairs performed in a 
                shipyard located outside of the United States.
          (2) Citizenship requirement.--Subsection (a)(1)(A) 
        applies only to a riding gang member described in 
        paragraph (1) who is on the vessel when it calls at a 
        United States port.
  (e) Recordkeeping.--In addition to the requirements of 
subsection (a), the owner or managing operator of a vessel to 
which subsection (a) applies shall ensure that all information 
necessary to ensure compliance with this section, as determined 
by the Secretary, is entered into the vessel's official logbook 
required by chapter 113.
  (f) Failure to Employ Qualified Available U.S. Citizens or 
Residents.--
          (1) In general.--The owner or operator of a vessel to 
        which subsection (a) applies may not employ a riding 
        gang member who is neither a United States citizen nor 
        an alien lawfully admitted to the United States for 
        permanent residence to perform work described in 
        subsection (b) unless the owner or operator determines, 
        in accordance with procedures established by the 
        Secretary to carry out section 8103(b)(3)(C), that 
        there is not a sufficient number of United States 
        citizens or individuals lawfully admitted to the United 
        States for permanent residence who are qualified and 
        available for the work for which the riding gang member 
        is to be employed.
          (2) Civil penalty.--A violation of paragraph (1) is 
        punishable by a civil penalty of not more than $10,000 
        for each day during which the violation continues.
          [(3) Continuing violations.--The maximum amount of a 
        civil penalty for a violation under this subsection 
        shall not exceed--
                  [(A) $50,000 if the violation occurs in 
                fiscal year 2006;
                  [(B) $75,000 if the violation occurs in 
                fiscal year 2007; and
                  [(C) $100,000 if the violation occurs after 
                fiscal year 2007.]
          (3) Continuing violations.--The maximum amount of a 
        civil penalty for a violation under this subsection 
        shall be $100,000.
          (4) Determination of amount.--In determining the 
        amount of the penalty, the Secretary shall take into 
        account the nature, circumstances, extent, and gravity 
        of the violation committed and, with respect to the 
        violator, the degree of culpability, the history of 
        prior offenses, the ability to pay, and such other 
        matters as justice may require.
          (5) Compromise, modification, and remittal.--The 
        Secretary may compromise, modify, or remit, with or 
        without conditions, any civil penalty imposed under 
        this section.

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Sec. 8108. Merchant Marine Personnel Advisory Committee

  (a) Establishment.--The Secretary shall establish a Merchant 
Marine Personnel Advisory Committee (in this section referred 
to as ``the Committee''). The Committee--
          (1) shall act solely in an advisory capacity to the 
        Secretary through the Commandant [of the Coast Guard] 
        on matters relating to personnel in the United States 
        merchant marine, including training, qualifications, 
        certification, documentation, and fitness standards, 
        and other matters as assigned by the Commandant;
          (2) shall review and comment on proposed Coast Guard 
        regulations and policies relating to personnel in the 
        United States merchant marine, including training, 
        qualifications, certification, documentation, and 
        fitness standards;
          (3) may be given special assignments by the Secretary 
        and may conduct studies, inquiries, workshops, and fact 
        finding in consultation with individuals and groups in 
        the private sector and with State or local governments;
          (4) shall advise, consult with, and make 
        recommendations reflecting its independent judgment to 
        the Secretary;
          (5) shall meet not less than twice each year; and
          (6) may make available to Congress recommendations 
        that the Committee makes to the Secretary.
  (b) Membership.--
          (1) In general.--The Committee shall consist of not 
        more than 19 members who are appointed by and serve 
        terms of a duration determined by the Secretary. Before 
        filling a position on the Committee, the Secretary 
        shall publish a notice in the Federal Register 
        soliciting nominations for membership on the Committee.
          (2) Required members.--Subject to paragraph (3), the 
        Secretary shall appoint as members of the Committee--
                  (A) 9 United States citizens with active 
                licenses or certificates issued under chapter 
                71 or merchant mariner documents issued under 
                chapter 73, including--
                          (i) 3 deck officers who represent the 
                        viewpoint of merchant marine deck 
                        officers, of whom--
                                  (I) 2 shall be licensed for 
                                oceans any gross tons;
                                  (II) 1 shall be licensed for 
                                inland river route with a 
                                limited or unlimited tonnage;
                                  (III) 2 shall have a master's 
                                license or a master of towing 
                                vessels license;
                                  (IV) 1 shall have significant 
                                tanker experience; and
                                  (V) to the extent 
                                practicable--
                                          (aa) 1 shall 
                                        represent the viewpoint 
                                        of labor; and
                                          (bb) another shall 
                                        represent a management 
                                        perspective;
                          (ii) 3 engineering officers who 
                        represent the viewpoint of merchant 
                        marine engineering officers, of whom--
                                  (I) 2 shall be licensed as 
                                chief engineer any horsepower;
                                  (II) 1 shall be licensed as 
                                either a limited chief engineer 
                                or a designated duty engineer; 
                                and
                                  (III) to the extent 
                                practicable--
                                          (aa) 1 shall 
                                        represent a labor 
                                        viewpoint; and
                                          (bb) another shall 
                                        represent a management 
                                        perspective;
                          (iii) 2 unlicensed seamen, of whom--
                                  (I) 1 shall represent the 
                                viewpoint of able-bodied 
                                seamen; and
                                  (II) another shall represent 
                                the viewpoint of qualified 
                                members of the engine 
                                department; and
                          (iv) 1 pilot who represents the 
                        viewpoint of merchant marine pilots;
                  (B) 6 marine educators, including--
                          (i) 3 marine educators who represent 
                        the viewpoint of maritime academies, 
                        including--
                                  (I) 2 who represent the 
                                viewpoint of State maritime 
                                academies and are jointly 
                                recommended by such State 
                                maritime academies; and
                                  (II) 1 who represents either 
                                the viewpoint of the State 
                                maritime academies or the 
                                United States Merchant Marine 
                                Academy; and
                          (ii) 3 marine educators who represent 
                        the viewpoint of other maritime 
                        training institutions, 1 of whom shall 
                        represent the viewpoint of the small 
                        vessel industry;
                  (C) 2 individuals who represent the viewpoint 
                of shipping companies employed in ship 
                operation management; and
                  (D) 2 members who are appointed from the 
                general public.
          (3) Consultation.--The Secretary shall consult with 
        the Secretary of Transportation in making an 
        appointment under paragraph (2)(B)(i)(II).
  (c) Chairman and Vice Chairman.--The Secretary shall 
designate one member of the Committee as the Chairman and one 
member of the Committee as the Vice Chairman. The Vice Chairman 
shall act as Chairman in the absence or incapacity of the 
Chairman, or in the event of a vacancy in the office of the 
Chairman.
  (d) Subcommittees.--The Committee may establish and 
disestablish subcommittees and working groups for any purpose 
consistent with this section, subject to conditions imposed by 
the Committee. Members of the Committee and additional persons 
drawn from the general public may be assigned to such 
subcommittees and working groups. Only Committee members may 
chair subcommittee or working groups.
  (e) Termination.--The Committee shall terminate on September 
30, 2020.

           *       *       *       *       *       *       *


CHAPTER 87--UNLICENSED PERSONNEL

           *       *       *       *       *       *       *


Sec. 8703. Tankermen on tank vessels

  (a) A vessel of the United States to which chapter 37 of this 
title applies, that has on board oil or hazardous material in 
bulk as cargo or cargo residue, shall have a specified number 
of the crew certified as tankermen as required by the 
Secretary. This requirement shall be noted on the certificate 
of inspection issued to the vessel.
  [(c)] (b) A vessel to which section 3702(b) of this title 
applies shall have on board as a crewmember in charge of the 
transfer operation an individual certified as a tankerman 
(qualified for the grade of fuel transferred), unless a master, 
mate, pilot, engineer, or operator licensed under section 7101 
of this title is present in charge of the transfer. If the 
vessel does not have that individual on board, chapter 37 of 
this title applies to the vessel.

           *       *       *       *       *       *       *


PART G--MERCHANT SEAMEN PROTECTION AND RELIEF

           *       *       *       *       *       *       *


CHAPTER 111--PROTECTION AND RELIEF

           *       *       *       *       *       *       *


Sec. 11113. Treatment of abandoned seafarers

  (a) Abandoned Seafarers Fund.--
          (1) Establishment.--There is established in the 
        Treasury a separate account to be known as the 
        Abandoned Seafarers Fund.
          (2) Authorized uses.--Amounts in the Fund may be 
        appropriated to the Secretary for use--
                  (A) to pay necessary support of a seafarer--
                          (i) who--
                                  (I) was paroled into the 
                                United States under section 
                                212(d)(5) of the Immigration 
                                and Nationality Act (8 U.S.C. 
                                1182(d)(5)), or for whom the 
                                Secretary has requested parole 
                                under such section; and
                                  (II) is involved in an 
                                investigation, reporting, 
                                documentation, or adjudication 
                                of any matter that is related 
                                to the administration or 
                                enforcement of law by the Coast 
                                Guard; or
                          (ii) who--
                                  (I) is physically present in 
                                the United States;
                                  (II) the Secretary determines 
                                was abandoned in the United 
                                States; and
                                  (III) has not applied for 
                                asylum under the Immigration 
                                and Nationality Act (8 U.S.C. 
                                1101 et seq.); and
                  (B) to reimburse a vessel owner or operator 
                for the costs of 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 law by the 
                Coast Guard, if--
                          (i) the vessel owner or operator is 
                        not convicted of a criminal offense 
                        related to such matter; or
                          (ii) the Secretary determines that 
                        reimbursement is appropriate.
          (3) Crediting of amounts to fund.--
                  (A) In general.--Except as provided in 
                subparagraph (B), there shall be credited to 
                the Fund the following:
                          (i) Penalties deposited in the Fund 
                        under section 9 of the Act to Prevent 
                        Pollution from Ships (33 U.S.C. 1908).
                          (ii) Amounts reimbursed or recovered 
                        under subsection (c).
                  (B) Limitation.--Amounts may be credited to 
                the Fund under subparagraph (A) only if the 
                unobligated balance of the Fund is less than 
                $5,000,000.
          (4) Report required.--On the date on which the 
        President submits each budget for a fiscal year 
        pursuant to section 1105 of title 31, the Secretary 
        shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate a report that describes--
                  (A) the amounts credited to the Fund under 
                [paragraph (2)] paragraph (3) for the preceding 
                fiscal year; and
                  (B) amounts in the Fund that were expended 
                for the preceding fiscal year.
  (b) Limitation.--Nothing in this section shall be construed--
          (1) to create a private right of action or any other 
        right, benefit, or entitlement to necessary support for 
        any person; or
          (2) to compel the Secretary to pay or reimburse the 
        cost of necessary support.
  (c) Reimbursement; Recovery.--
          (1) In general.--A vessel owner or operator shall 
        reimburse the Fund an amount equal to the total amount 
        paid from the Fund for necessary support of a seafarer, 
        if--
                  (A) the vessel owner or operator--
                          (i) 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 was 
                        paroled into the United States to 
                        facilitate the investigation, 
                        reporting, documentation, or 
                        adjudication; and
                          (ii) subsequently is--
                                  (I) convicted of a criminal 
                                offense related to such matter; 
                                or
                                  (II) required to reimburse 
                                the Fund pursuant to a court 
                                order or negotiated settlement 
                                related to such matter; or
                  (B) the vessel owner or operator abandons a 
                seafarer in the United States, as determined by 
                the Secretary based on substantial evidence.
          (2) Enforcement.--If a vessel owner or operator fails 
        to reimburse the Fund under paragraph (1) within 60 
        days after receiving a written, itemized description of 
        reimbursable expenses and a demand for payment, the 
        Secretary may--
                  (A) proceed in rem against the vessel on 
                which the seafarer served in the Federal 
                district court for the district in which the 
                vessel is found; and
                  (B) withhold or revoke the clearance required 
                under section 60105 for the vessel and any 
                other vessel operated by the same operator (as 
                that term is defined in [section 2(9)(a)] 
                section 2(a)(9)(A) of the Act to Prevent 
                Pollution from Ships ([33 U.S.C. 1901(9)(a)] 33 
                U.S.C. 1901(a)(9)(A)) as the vessel on which 
                the seafarer served.
          (3) Obtaining clearance.--A vessel may obtain 
        clearance from the Secretary after it is withheld or 
        revoked under paragraph (2)(B) if the vessel owner or 
        operator--
                  (A) reimburses the Fund the amount required 
                under paragraph (1); or
                  (B) provides a bond, or other evidence of 
                financial responsibility, sufficient to meet 
                the amount required to be reimbursed under 
                paragraph (1).
          (4) Notification required.--The Secretary shall 
        notify the vessel at least 72 hours before taking any 
        action under paragraph (2)(B).
  (d) Definitions.--In this section:
          (1) Abandons; abandoned.--Each of the terms 
        ``abandons'' and ``abandoned'' means--
                  (A) a vessel owner's or operator's unilateral 
                severance of ties with a seafarer; or
                  (B) a vessel owner's or operator's failure to 
                provide necessary support of a seafarer.
          (2) Fund.--The term ``Fund'' means the Abandoned 
        Seafarers Fund established under this section.
          (3) Necessary support.--The term ``necessary 
        support'' means normal wages and expenses the Secretary 
        considers reasonable for lodging, subsistence, 
        clothing, medical care (including hospitalization), 
        repatriation, and any other support the Secretary 
        considers to be appropriate.
          (4) Seafarer.--The term ``seafarer'' means an alien 
        crew member who is employed or engaged in any capacity 
        on board a vessel subject to the jurisdiction of the 
        United States.
          (5) 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(c), except that it does not include a 
        vessel that is--
                  (A) owned, or operated under a bareboat 
                charter, by the United States, a State or 
                political subdivision thereof, or a foreign 
                nation; and
                  (B) not engaged in commerce.

           *       *       *       *       *       *       *


PART H--IDENTIFICATION OF VESSELS

           *       *       *       *       *       *       *


CHAPTER 121--DOCUMENTATION OF VESSELS

           *       *       *       *       *       *       *


SUBCHAPTER II--ENDORSEMENTS AND SPECIAL DOCUMENTATION

           *       *       *       *       *       *       *


Sec. 12113. Fishery endorsement

  (a) Requirements.--A fishery endorsement may be issued for a 
vessel that--
          (1) satisfies the requirements of section 12103 of 
        this title and, if owned by an entity, the entity 
        satisfies the ownership requirements in subsection (c);
          (2) was built in the United States;
          (3) if rebuilt, was rebuilt in the United States;
          (4) was not forfeited to the United States Government 
        after July 1, 2001, for a breach of the laws of the 
        United States; and
          (5) otherwise qualifies under the laws of the United 
        States to engage in the fisheries.
  (b) Authorized Activity.--
          (1) In general.--Subject to the laws of the United 
        States regulating the fisheries, a vessel for which a 
        fishery endorsement is issued may engage in the 
        fisheries.
          (2) Use by prohibited persons.--A fishery endorsement 
        is invalid immediately if the vessel for which it is 
        issued is used as a fishing vessel while it is 
        chartered or leased to an individual who is not a 
        citizen of the United States or to an entity that is 
        not eligible to own a vessel with a fishery 
        endorsement.
  (c) Ownership Requirements for Entities.--
          (1) In general.--A vessel owned by an entity is 
        eligible for a fishery endorsement only if at least 75 
        percent of the interest in the entity, at each tier of 
        ownership and in the aggregate, is owned and controlled 
        by citizens of the United States.
          (2) Determining 75 percent interest.--In determining 
        whether at least 75 percent of the interest in the 
        entity is owned and controlled by citizens of the 
        United States under paragraph (1), the Secretary shall 
        apply section 50501(d) of this title, except that for 
        this purpose the terms ``control'' or ``controlled''--
                  (A) include the right to--
                          (i) direct the business of the 
                        entity;
                          (ii) limit the actions of or replace 
                        the chief executive officer, a majority 
                        of the board of directors, any general 
                        partner, or any person serving in a 
                        management capacity of the entity; or
                          (iii) direct the transfer, operation, 
                        or manning of a vessel with a fishery 
                        endorsement; but
                  (B) do not include the right to simply 
                participate in the activities under 
                subparagraph (A), or the exercise of rights 
                under loan or mortgage covenants by a mortgagee 
                eligible to be a preferred mortgagee under 
                section 31322(a) of this title, except that a 
                mortgagee not eligible to own a vessel with a 
                fishery endorsement may only operate such a 
                vessel to the extent necessary for the 
                immediate safety of the vessel or for repairs, 
                drydocking, or berthing changes.
          (3) Exceptions.--This subsection does not apply to a 
        vessel when it is engaged in the fisheries in the 
        exclusive economic zone under the authority of the 
        Western Pacific Fishery Management Council established 
        under section 302(a)(1)(H) of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 
        1852(a)(1)(H)) or to a purse seine vessel when it is 
        engaged in tuna fishing in the Pacific Ocean outside 
        the exclusive economic zone or pursuant to the South 
        Pacific Regional Fisheries Treaty, provided that the 
        owner of the vessel continues to comply with the 
        eligibility requirements for a fishery endorsement 
        under the Federal law that was in effect on October 1, 
        1998. A fishery endorsement issued pursuant to this 
        paragraph is valid for engaging only in the activities 
        described in this paragraph.
  (d) Requirements Based on Length, Tonnage, or Horsepower.--
          (1) Application.--This subsection applies to a vessel 
        that--
                  (A) is greater than 165 feet in registered 
                length;
                  (B) is more than 750 gross registered tons as 
                measured under chapter 145 of this title or 
                1,900 gross registered tons as measured under 
                chapter 143 of this title; or
                  (C) has an engine or engines capable of 
                producing a total of more than 3,000 shaft 
                horsepower.
          (2) Requirements.--A vessel subject to this 
        subsection is not eligible for a fishery endorsement 
        unless--
                  (A)(i) a certificate of documentation was 
                issued for the vessel and endorsed with a 
                fishery endorsement that was effective on 
                September 25, 1997; and
                          (ii) the vessel is not placed under 
                        foreign registry after October 21, 
                        1998;
                  (B) the owner of the vessel demonstrates to 
                the Secretary that--
                          (i) the regional fishery management 
                        council of jurisdiction established 
                        under section 302(a)(1) of the 
                        Magnuson-Stevens Fishery Conservation 
                        and Management Act (16 U.S.C. 
                        1852(a)(1)) has recommended after 
                        October 21, 1998, and the Secretary of 
                        Commerce has approved, conservation and 
                        management measures in accordance with 
                        the American Fisheries Act (Public Law 
                        105-277, div. C, title II) (16 U.S.C. 
                        1851 note) to allow the vessel to be 
                        used in fisheries under the council's 
                        authority; and
                          (ii) in the case of a vessel listed 
                        in paragraphs (1) through (20) of 
                        section 208(e) of the American 
                        Fisheries Act (title II of division C 
                        of Public Law 105-277; 112 Stat. 2681-
                        625 et seq.), the vessel is neither 
                        participating in nor eligible to 
                        participate in the non-AFA trawl 
                        catcher processor subsector (as that 
                        term is defined under section 219(a)(7) 
                        of the Department of Commerce and 
                        Related Agencies Appropriations Act, 
                        2005 (Public Law 108-447; 118 Stat. 
                        2887));
                  (C) the vessel--
                          (i) is either a rebuilt vessel or 
                        replacement vessel under section 208(g) 
                        of the American Fisheries Act (title II 
                        of division C of Public Law 105-277; 
                        112 Stat. 2681-627);
                          (ii) is eligible for a fishery 
                        endorsement under this section; and
                          (iii) in the case of a vessel listed 
                        in paragraphs (1) through (20) of 
                        section 208(e) of the American 
                        Fisheries Act (title II of division C 
                        of Public Law 105-277; 112 Stat. 2681-
                        625 et seq.), is neither participating 
                        in nor eligible to participate in the 
                        non-AFA trawl catcher processor 
                        subsector (as that term is defined 
                        under section 219(a)(7) of the 
                        Department of Commerce and Related 
                        Agencies Appropriations Act, 2005 
                        (Public Law 108-447; [118 Stat. 2887)] 
                        118 Stat. 2887)); or
                  (D) the vessel is a fish tender vessel that 
                is not engaged in the harvesting or processing 
                of fish.
  (e) Vessels Measuring 100 Feet or Greater.--
          (1) In general.--The Administrator of the Maritime 
        Administration shall administer subsections (c) and (d) 
        with respect to vessels 100 feet or greater in 
        registered length. The owner of each such vessel shall 
        file a statement of citizenship setting forth all 
        relevant facts regarding vessel ownership and control 
        with the Administrator on an annual basis to 
        demonstrate compliance with those provisions.
          (2) Regulations.--Regulations to implement this 
        subsection shall conform to the extent practicable with 
        the regulations establishing the form of citizenship 
        affidavit set forth in part 355 of title 46, Code of 
        Federal Regulations, as in effect on September 25, 
        1997, except that the form of the statement shall be 
        written in a manner to allow the owner of the vessel to 
        satisfy any annual renewal requirements for a 
        certificate of documentation for the vessel and to 
        comply with this subsection and subsections (c) and 
        (d), and shall not be required to be notarized.
          (3) Transfer of ownership.--Transfers of ownership 
        and control of vessels subject to subsection (c) or 
        (d), which are 100 feet or greater in registered 
        length, shall be rigorously scrutinized for violations 
        of those provisions, with particular attention given 
        to--
                  (A) leases, charters, mortgages, financing, 
                and similar arrangements;
                  (B) the control of persons not eligible to 
                own a vessel with a fishery endorsement under 
                subsection (c) or (d), over the management, 
                sales, financing, or other operations of an 
                entity; and
                  (C) contracts involving the purchase over 
                extended periods of time of all, or 
                substantially all, of the living marine 
                resources harvested by a fishing vessel.
  (f) Vessels Measuring Less Than 100 Feet.--The Secretary 
shall establish reasonable and necessary requirements to 
demonstrate compliance with subsections (c) and (d), with 
respect to vessels measuring less than 100 feet in registered 
length, and shall seek to minimize the administrative burden on 
individuals who own and operate those vessels.
  (g) Vessels Purchased Through Fishing Capacity Reduction 
Program.--A vessel purchased by the Secretary of Commerce 
through a fishing capacity reduction program under the 
Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.) or section 308 of the Interjurisdictional 
Fisheries Act of 1986 (16 U.S.C. 4107) is not eligible for a 
fishery endorsement, and any fishery endorsement issued for 
that vessel is invalid.
  (h) Revocation of Endorsements.--The Secretary shall revoke 
the fishery endorsement of any vessel subject to subsection (c) 
or (d) whose owner does not comply with those provisions.
  (i) Regulations.--Regulations to implement subsections (c) 
and (d) and sections 12151(c) and 31322(b) of this title shall 
prohibit impermissible transfers of ownership or control, 
specify any transactions that require prior approval of an 
implementing agency, identify transactions that do not require 
prior agency approval, and to the extent practicable, minimize 
disruptions to the commercial fishing industry, to the 
traditional financing arrangements of that industry, and to the 
opportunity to form fishery cooperatives.

           *       *       *       *       *       *       *


Sec. 12119. Owners engaged primarily in leasing or financing 
                    transactions

  (a) Definitions.--In this section:
          (1) Affiliate.--The term ``affiliate'' means, with 
        respect to any person, any other person that is--
                  
                          (i) directly or indirectly controlled 
                        by, under common control with, or 
                        controlling that person; or
                  
                          (ii) named as being part of the same 
                        consolidated group in any report or 
                        other document submitted to the United 
                        States Securities and Exchange 
                        Commission or the Internal Revenue 
                        Service.
          (2) Cargo.--The term ``cargo'' does not include cargo 
        to which title is held for non-commercial reasons and 
        primarily for the purpose of evading the requirements 
        of subsection (c)(3).
          (3) Oil.--The term ``oil'' has the meaning given that 
        term in [section 2101(20)] section 2101(26) of this 
        title.
          (4) Passive investment.--The term ``passive 
        investment'' means an investment in which neither the 
        investor nor any affiliate of the investor is involved 
        in, or has the power to be involved in, the 
        formulation, determination, or direction of any 
        activity or function concerning the management, use, or 
        operation of the asset that is the subject of the 
        investment.
          (5) Qualified proprietary cargo.--The term 
        ``qualified proprietary cargo'' means--
                  (A) oil, petroleum products, petrochemicals, 
                or liquefied natural gas cargo that is 
                beneficially owned by the person that submits 
                to the Secretary an application or annual 
                certification under subsection (c)(3), or by an 
                affiliate of that person, immediately before, 
                during, or immediately after the cargo is 
                carried in coastwise trade on a vessel owned by 
                that person;
                  (B) oil, petroleum products, petrochemicals, 
                or liquefied natural gas cargo not beneficially 
                owned by the person that submits to the 
                Secretary an application or an annual 
                certification under subsection (c)(3), or by an 
                affiliate of that person, but which is carried 
                in coastwise trade by a vessel owned by that 
                person and which is part of an arrangement in 
                which vessels owned by that person and at least 
                one other person are operated collectively as 
                one fleet, to the extent that an equal amount 
                of oil, petroleum products, petrochemicals, or 
                liquefied natural gas cargo beneficially owned 
                by that person, or by an affiliate of that 
                person, is carried in coastwise trade on one or 
                more other vessels, not owned by that person, 
                or by an affiliate of that person, if the other 
                vessel or vessels are also part of the same 
                arrangement;
                  (C) in the case of a towing vessel associated 
                with a non-self-propelled tank vessel where 
                both vessels function as a single self-
                propelled vessel, oil, petroleum products, 
                petrochemicals, or liquefied natural gas cargo 
                that is beneficially owned by the person that 
                owns both the towing vessel and the non-self-
                propelled tank vessel, or any United States 
                affiliate of that person, immediately before, 
                during, or immediately after the cargo is 
                carried in coastwise trade on either of those 
                vessels; or
                  (D) any oil, petroleum products, 
                petrochemicals, or liquefied natural gas cargo 
                carried on any vessel that is either a self-
                propelled tank vessel having a length of at 
                least 210 meters or a tank vessel that is a 
                liquefied natural gas carrier that--
                          (i) was delivered by the builder of 
                        the vessel to the owner of the vessel 
                        after December 31, 1999; and
                          (ii) was purchased by a person for 
                        the purpose, and with the reasonable 
                        expectation, of transporting on the 
                        vessel liquefied natural gas or 
                        unrefined petroleum beneficially owned 
                        by the owner of the vessel, or an 
                        affiliate of the owner, from Alaska to 
                        the continental United States.
          (6) United states affiliate.--The term ``United 
        States affiliate'' means, with respect to any person, 
        an affiliate the principal place of business of which 
        is located in the United States.
  (b) Requirements.--A coastwise endorsement may be issued for 
a vessel if--
          (1) the vessel satisfies the requirements for a 
        coastwise endorsement, except for the ownership 
        requirement otherwise applicable without regard to this 
        section;
          (2) the person that owns the vessel (or, if the 
        vessel is owned by a trust or similar arrangement, the 
        beneficiary of the trust or similar arrangement) meets 
        the requirements of subsection (c);
          (3) the vessel is under a demise charter to a person 
        that certifies to the Secretary that the person is a 
        citizen of the United States under section 50501 of 
        this title for engaging in the coastwise trade; and
          (4) the demise charter is for a period of at least 3 
        years or a shorter period as may be prescribed by the 
        Secretary.
  (c) Ownership Certification.--
          (1) In general.--A person meets the requirements of 
        this subsection if the person transmits to the 
        Secretary each year the certification required by 
        paragraph (2) or (3) with respect to a vessel.
          (2) Investment certification.--To meet the 
        certification requirement of this paragraph, a person 
        shall certify that it--
                  (A) is a leasing company, bank, or financial 
                institution;
                  (B) owns, or holds the beneficial interest 
                in, the vessel solely as a passive investment;
                  (C) does not operate any vessel for hire and 
                is not an affiliate of any person that operates 
                any vessel for hire; and
                  (D) is independent from, and not an affiliate 
                of, any charterer of the vessel or any other 
                person that has the right, directly or 
                indirectly, to control or direct the movement 
                or use of the vessel.
          (3) Certain tank vessels.--
                  (A) In general.--To meet the certification 
                requirement of this paragraph, a person shall 
                certify that--
                          (i) the aggregate book value of the 
                        vessels owned by the person and United 
                        States affiliates of the person does 
                        not exceed 10 percent of the aggregate 
                        book value of all assets owned by the 
                        person and its United States 
                        affiliates;
                          (ii) not more than 10 percent of the 
                        aggregate revenues of the person and 
                        its United States affiliates is derived 
                        from the ownership, operation, or 
                        management of vessels;
                          (iii) at least 70 percent of the 
                        aggregate tonnage of all cargo carried 
                        by all vessels owned by the person and 
                        its United States affiliates and 
                        documented with a coastwise endorsement 
                        is qualified proprietary cargo;
                          (iv) any cargo other than qualified 
                        proprietary cargo carried by all 
                        vessels owned by the person and its 
                        United States affiliates and documented 
                        with a coastwise endorsement consists 
                        of oil, petroleum products, 
                        petrochemicals, or liquified natural 
                        gas;
                          (v) no vessel owned by the person or 
                        any of its United States affiliates and 
                        documented with a coastwise endorsement 
                        carries molten sulphur; and
                          (vi) the person owned one or more 
                        vessels documented under this section 
                        as of August 9, 2004.
                  (B) Application only to certain vessels.--A 
                person may make a certification under this 
                paragraph only with respect to--
                          (i) a tank vessel having a tonnage of 
                        at least 6,000 gross tons, as measured 
                        under section 14502 of this title (or 
                        an alternative tonnage measured under 
                        section 14302 of this title as 
                        prescribed by the Secretary under 
                        section 14104 of this title); or
                          (ii) a towing vessel associated with 
                        a non-self-propelled tank vessel that 
                        meets the requirements of clause (i), 
                        where both vessels function as a single 
                        self-propelled vessel.
  (d) Filing of Demise Charter.--The demise charter and any 
amendments to the charter shall be filed with the certification 
required by subsection (b)(3) or within 10 days after filing an 
amendment to the charter. The charter and amendments shall be 
made available to the public.
  (e) Continuation of Endorsement After Termination of 
Charter.--When a charter required by subsection (b)(3) is 
terminated for default by the charterer, the Secretary may 
continue the coastwise endorsement for not more than 6 months 
on terms and conditions the Secretary may prescribe.
  (f) Deemed Owned by Citizens.--A vessel satisfying the 
requirements of this section is deemed to be owned only by 
citizens of the United States under sections 12103 and 50501 of 
this title.

           *       *       *       *       *       *       *


PART I--STATE BOATING SAFETY PROGRAMS

           *       *       *       *       *       *       *


CHAPTER 131--RECREATIONAL BOATING SAFETY

           *       *       *       *       *       *       *


Sec. 13107. Authorization of appropriations

  (a) Subject to subsection (c), the Secretary shall expend in 
each fiscal year for State recreational boating safety 
programs, under contracts with States under this chapter, an 
amount equal to the amount transferred to the Secretary under 
subsections (a)(2) and (f) of section 4 of the Dingell-Johnson 
Sport Fish Restoration Act (16 U.S.C. 777c(a)(2) and (f)). The 
amount shall be allocated as provided under section 13104 of 
this title and shall be available for State recreational 
boating safety programs as provided under the guidelines 
established under subsection (b) of this section. Amounts 
authorized to be expended for State recreational boating safety 
programs shall remain available until expended and are deemed 
to have been expended only if an amount equal to the total 
amounts authorized to be expended under this section for the 
fiscal year in question and all prior fiscal years have been 
obligated. Amounts previously obligated but released by payment 
of a final voucher or modification of a program acceptance 
shall be credited to the balance of unobligated amounts and are 
immediately available for expenditure.
  (b) The Secretary shall establish guidelines prescribing the 
purposes for which amounts available under this chapter for 
State recreational boating safety programs may be used. Those 
purposes shall include--
          (1) providing facilities, equipment, and supplies for 
        boating safety education and law enforcement, including 
        purchase, operation, maintenance, and repair;
          (2) training personnel in skills related to boating 
        safety and to the enforcement of boating safety laws 
        and regulations;
          (3) providing public boating safety education, 
        including educational programs and lectures, to the 
        boating community and the public school system;
          (4) acquiring, constructing, or repairing public 
        access sites used primarily by recreational boaters;
          (5) conducting boating safety inspections and marine 
        casualty investigations;
          (6) establishing and maintaining emergency or search 
        and rescue facilities, and providing emergency or 
        search and rescue assistance;
          (7) establishing and maintaining waterway markers and 
        other appropriate aids to navigation; and
          (8) providing State recreational vessel numbering and 
        titling programs.
  (c)(1)(A) The Secretary may use amounts made available each 
fiscal year under section 4(b)(2) of the Dingell-Johnson Sport 
Fish Restoration Act (16 U.S.C. 777c(b)(2)) for payment of 
expenses of the Coast Guard for investigations, personnel, and 
activities directly related to--
          (i) administering State recreational boating safety 
        programs under this chapter; or
          (ii) coordinating or carrying out the national 
        recreational boating safety program under this title.
  (B) Of the amounts used by the Secretary each fiscal year 
under subparagraph (A)--
          (i) not less than $2,100,000 is available to ensure 
        compliance with chapter 43 of this title; and
          (ii) not more than $1,500,000 is available to conduct 
        by grant or contract a survey of levels of recreational 
        boating participation and related matters in the United 
        States.
  (2) [On and after October 1, 2016, no] No funds available to 
the Secretary under this subsection may be used to replace 
funding provided through general appropriations, nor for any 
purposes except those purposes authorized by this section.
  (3) Amounts made available by this subsection shall remain 
available during the 2 succeeding fiscal years. Any amount that 
is unexpended or unobligated at the end of the 3-year period 
during which it is available shall be withdrawn by the 
Secretary and allocated to the States in addition to any other 
amounts available for allocation in the fiscal year in which 
they are withdrawn or the following fiscal year.
  (4) The Secretary shall publish annually in the Federal 
Register a detailed accounting of the projects, programs, and 
activities funded under this subsection.

           *       *       *       *       *       *       *


SUBTITLE III--MARITIME LIABILITY

           *       *       *       *       *       *       *


CHAPTER 313--COMMERCIAL INSTRUMENTS AND MARITIME LIENS

           *       *       *       *       *       *       *


SUBCHAPTER II--COMMERCIAL INSTRUMENTS

           *       *       *       *       *       *       *


Sec. 31322. Preferred mortgages

  (a) A preferred mortgage is a mortgage, whenever made, that--
          (1) includes the whole of the vessel;
          (2) is filed in substantial compliance with section 
        31321 of this title;
          (3)(A) covers a documented vessel; or
          (B) covers a vessel for which an application for 
        documentation is filed that is in substantial 
        compliance with the requirements of chapter 121 of this 
        title and the regulations prescribed under that 
        chapter; and
          (4) with respect to a vessel with a fishery 
        endorsement that is 100 feet or greater in registered 
        length, has as the mortgagee--
                  (A) a person eligible to own a vessel with a 
                fishery endorsement under section 12113(c) of 
                this title;
                  (B) a [state] State or federally chartered 
                financial institution that is insured by the 
                Federal Deposit Insurance Corporation;
                  (C) a farm credit lender established under 
                title 12, chapter 23 of the United States Code;
                  (D) a commercial fishing and agriculture bank 
                established pursuant to State law;
                  (E) a commercial lender organized under the 
                laws of the United States or of a State and 
                eligible to own a vessel for purposes of 
                documentation under section 12103 of this 
                title; or
                  (F) a mortgage trustee under subsection (f) 
                of this section.
  (b) Any indebtedness secured by a preferred mortgage that is 
filed or recorded under this chapter, or that is subject to a 
mortgage, security agreement, or instruments granting a 
security interest that is deemed to be a preferred mortgage 
under subsection (d) of this section, may have any rate of 
interest to which the parties agree.
  (c)(1) If a preferred mortgage includes more than one vessel 
or property that is not a vessel, the mortgage may provide for 
the separate discharge of each vessel and all property not a 
vessel by the payment of a part of the mortgage indebtedness.
  (2) If a vessel covered by a preferred mortgage that includes 
more than one vessel or property that is not a vessel is to be 
sold on the order of a district court in a civil action in rem, 
and the mortgage does not provide for separate discharge as 
provided under paragraph (1) of this subsection--
          (A) the mortgage constitutes a lien on that vessel in 
        the full amount of the outstanding mortgage 
        indebtedness; and
          (B) an allocation of mortgage indebtedness for 
        purposes of separate discharge may not be made among 
        the vessel and other property covered by the mortgage.
  (d)(1) A mortgage, security agreement, or instrument granting 
a security interest perfected under State law covering the 
whole of a vessel titled in a State is deemed to be a preferred 
mortgage if--
          (A) the Secretary certifies that the State titling 
        system complies with the Secretary's guidelines for a 
        titling system under section 13107(b)(8) of this title; 
        and
          (B) information on the vessel covered by the 
        mortgage, security agreement, or instrument is made 
        available to the Secretary under chapter 125 of this 
        title.
  (2) This subsection applies to mortgages, security 
agreements, or instruments covering vessels titled in a State 
after--
          (A) the Secretary's certification under paragraph 
        (1)(A) of this subsection; and
          (B) the State begins making information available to 
        the Secretary under chapter 125 of this title.
  (3) A preferred mortgage under this subsection continues to 
be a preferred mortgage even if the vessel is no longer titled 
in the State where the mortgage, security agreement, or 
instrument granting a security interest became a preferred 
mortgage under this subsection.
  (e) If a vessel is already covered by a preferred mortgage 
when an application for titling or documentation is filed--
          (1) the status of the preferred mortgage covering the 
        vessel to be titled in the State is determined by the 
        law of the jurisdiction where the vessel is currently 
        titled or documented; and
          (2) the status of the preferred mortgage covering the 
        vessel to be documented under chapter 121 is determined 
        by subsection (a) of this section.
  (f)(1) A mortgage trustee may hold in trust, for an 
individual or entity, an instrument or evidence of 
indebtedness, secured by a mortgage of the vessel to the 
mortgage trustee, provided that the mortgage trustee--
          (A) is eligible to be a preferred mortgagee under 
        subsection (a)(4), subparagraphs (A)-(E) of this 
        section;
          (B) is organized as a corporation, and is doing 
        business, under the laws of the United States or of a 
        State;
          (C) is authorized under those laws to exercise 
        corporate trust powers;
          (D) is subject to supervision or examination by an 
        official of the United States Government or a State;
          (E) has a combined capital and surplus (as stated in 
        its most recent published report of condition) of at 
        least $3,000,000; and
          (F) meets any other requirements prescribed by the 
        Secretary.
  (2) If the beneficiary under the trust arrangement is not a 
commercial lender, a lender syndicate or eligible to be a 
preferred mortgagee under subsection (a)(4), subparagraphs (A)-
(E) of this section, the Secretary must determine that the 
issuance, assignment, transfer, or trust arrangement does not 
result in an impermissible transfer of control of the vessel to 
a person not eligible to own a vessel with a fishery 
endorsement under section 12113(c) of this title.
  (3) A vessel with a fishery endorsement may be operated by a 
mortgage trustee only with the approval of the Secretary.
  (4) A right under a mortgage of a vessel with a fishery 
endorsement may be issued, assigned, or transferred to a person 
not eligible to be a mortgagee of that vessel under this 
section only with the approval of the Secretary.
  (5) The issuance, assignment, or transfer of an instrument or 
evidence of indebtedness contrary to this subsection is 
voidable by the Secretary.
  (g) For purposes of this section a ``commercial lender'' 
means an entity primarily engaged in the business of lending 
and other financing transactions with a loan portfolio in 
excess of $100,000,000, of which not more than 50 per centum in 
dollar amount consists of loans to borrowers in the commercial 
fishing industry, as certified to the Secretary by such lender.
  (h) For purposes of this section a ``lender syndicate'' means 
an arrangement established for the combined extension of credit 
of not less than $20,000,000 made up of four or more entities 
that each have a beneficial interest, held through an agent, 
under a trust arrangement established pursuant to subsection 
(f), no one of which may exercise powers thereunder without the 
concurrence of at least one other unaffiliated beneficiary.

           *       *       *       *       *       *       *


SUBTITLE V--MERCHANT MARINE

           *       *       *       *       *       *       *


PART B--MERCHANT MARINE SERVICE

           *       *       *       *       *       *       *


                       CHAPTER 521--MISCELLANEOUS

Sec.
52101. Reemployment rights for certain merchant seamen.

Sec. 52101. Reemployment rights for certain merchant seamen

  (a) In General.--An individual who is certified by the 
Secretary of Transportation under subsection (c) shall be 
entitled to reemployment rights and other benefits 
substantially equivalent to the rights and benefits provided 
for by chapter 43 of title 38 for any member of a reserve 
component of the armed forces of the United States who is 
ordered to active duty.
  (b) Time for Application.--An individual may submit an 
application for certification under subsection (c) to the 
Secretary not later than 45 days after the date the individual 
completes a period of employment described in subsection 
(c)(1)(A) with respect to which the application is submitted.
  (c) Certification Determination.--Not later than 20 days 
after the date the Secretary receives from an individual an 
application for certification under this subsection, the 
Secretary shall--
          (1) determine whether the individual--
                  (A) was employed in the activation or 
                operation of a vessel--
                          (i) in the National Defense Reserve 
                        Fleet maintained under section 57100 in 
                        a period in which the vessel was in use 
                        or being activated for use under 
                        subsection (b) of that section;
                          (ii) requisitioned or purchased under 
                        chapter 563 of this title; or
                          (iii) owned, chartered, or controlled 
                        by the United States Government and 
                        used by the Government for a war, armed 
                        conflict, national emergency, or 
                        maritime mobilization need (including 
                        for training purposes or testing for 
                        readiness and suitability for mission 
                        performance); and
                  (B) during the period of that employment, 
                possessed a valid license, certificate of 
                registry, or merchant mariner's document issued 
                under chapter 71 or 73 of this title; and
          (2) if the Secretary makes affirmative determinations 
        under subparagraphs (A) and (B) of paragraph (1), 
        certify that individual under this subsection.
  (d) Equivalence to Military Selective Service Act 
Certificate.--For purposes of reemployment rights and benefits 
provided by this section, a certification under subsection (c) 
shall be considered to be the equivalent of a certificate 
described in section 9(a) of the Military Selective Service Act 
[(50 App. U.S.C. 459(a))] (50 U.S.C. 3808(a)).

           *       *       *       *       *       *       *


PART C--FINANCIAL ASSISTANCE PROGRAMS

           *       *       *       *       *       *       *


                  CHAPTER 531--MARITIME SECURITY FLEET

Sec.
53101. Definitions.
     * * * * * * *
[53109. Special rule regarding age of participating fleet vessel.]

           *       *       *       *       *       *       *


Sec. 53106. Payments

  (a) Annual Payment.--
          (1) In general.--The Secretary, subject to the 
        availability of appropriations and the other provisions 
        of this section, shall pay to the contractor for an 
        operating agreement, for each vessel that is covered by 
        the operating agreement, an amount equal to--
                  [(A) $2,600,000 for each of fiscal years 
                2006, 2007, and 2008;
                  [(B) $2,900,000 for each of fiscal years 
                2009, 2010, and 2011;
                  [(C) $3,100,000 for each of fiscal years 
                2012, 2013, 2014, and 2015;
                  [(D) $4,999,950 for fiscal year 2017;]
                  [(E)] (A) $5,000,000 for each of fiscal years 
                2018, 2019, and 2020;
                  [(F)] (B) $5,233,463 for fiscal year 2021; 
                and
                  [(G)] (C) $3,700,000 for each of fiscal years 
                2022, 2023, 2024, and 2025.
          (2) Timing.--The amount shall be paid in equal 
        monthly installments at the end of each month. The 
        amount shall not be reduced except as provided by this 
        section.
  (b) Certification Required for Payment.--As a condition of 
receiving payment under this section for a fiscal year for a 
vessel, the contractor for the vessel shall certify, in 
accordance with regulations issued by the Secretary, that the 
vessel has been and will be operated in accordance with 
paragraph (1) and (2) of section 53105(a), as otherwise 
applicable with respect to such vessel, for at least 320 days 
in the fiscal year. Days during which the vessel is drydocked, 
surveyed, inspected, or repaired shall be considered days of 
operation for purposes of this subsection.
  (c) General Limitations.--The Secretary of Transportation 
shall not make any payment under this chapter for a vessel with 
respect to any days for which the vessel is--
          (1) under a charter to the United States Government, 
        other than a charter pursuant to an Emergency 
        Preparedness Agreement under section 53107;
          (2) not operated or maintained in accordance with an 
        operating agreement under this chapter; or
          (3) more than--
                  (A) 25 years of age, except as provided in 
                subparagraph (B); or
                  (B) 20 years of age, in the case of a tank 
                vessel.
  (d) Reductions in Payments.--With respect to payments under 
this chapter for a vessel covered by an operating agreement, 
the Secretary--
          (1) except as provided in paragraph (2), shall not 
        reduce any payment for the operation of the vessel to 
        carry military or other preference cargoes under 
        section 55302(a), 55304, 55305, or 55314 of this title, 
        section 2631 of title 10, or any other cargo preference 
        law of the United States;
          (2) shall not make any payment for any day that the 
        vessel is engaged in transporting more than 7,500 tons 
        of civilian bulk preference cargoes pursuant to section 
        55302(a), 55305, or 55314 of this title that is bulk 
        cargo; and
          (3) shall make a pro rata reduction in payment for 
        each day less than 320 in a fiscal year that the vessel 
        is not operated in accordance with paragraph (1) and 
        (2) of section 53105(a), as otherwise applicable with 
        respect to such vessel, with days during which the 
        vessel is drydocked or undergoing survey, inspection, 
        or repair considered to be days on which the vessel is 
        operated.
  (e) Limitation Regarding Noncontiguous Domestic Trade.--
          (1) In general.--No contractor shall receive payments 
        pursuant to this chapter during a period in which it 
        participates in noncontiguous domestic trade.
          (2) Limitation on application.--Paragraph (1) shall 
        not apply to any person that is a citizen of the United 
        States within the meaning of section 50501 of this 
        title, applying the 75 percent ownership requirement of 
        that section.
          (3) Participates in a noncontiguous domestic trade 
        defined.--In this subsection the term ``participates in 
        a noncontiguous domestic trade'' means directly or 
        indirectly owns, charters, or operates a vessel engaged 
        in transportation of cargo between a point in the 
        contiguous 48 States and a point in Alaska, Hawaii, or 
        Puerto Rico, other than a point in Alaska north of the 
        Arctic Circle.

           *       *       *       *       *       *       *


Sec. 53111. Authorization of appropriations

  There are authorized to be appropriated for payments under 
section 53106, to remain available until expended--
          [(1) $156,000,000 for each of fiscal years 2006, 
        2007, and 2008;
          [(2) $174,000,000 for each of fiscal years 2009, 
        2010, and 2011;
          [(3) $186,000,000 for each of fiscal years 2012, 
        2013, 2014, and 2015
          [(4) $299,997,000 for fiscal year 2017;]
          [(5)] (1) $300,000,000 for each of fiscal years 2018, 
        2019, and 2020;
          [(6)] (2) $314,007,780 for fiscal year 2021; and
          [(7)] (3) $222,000,000 for each fiscal year 
        thereafter through fiscal year 2025.

           *       *       *       *       *       *       *


CHAPTER 535--CAPITAL CONSTRUCTION FUNDS

           *       *       *       *       *       *       *


Sec. 53501. Definitions

  In this chapter:
          (1) Agreement vessel.--The term ``agreement vessel'' 
        means--
                  (A) an eligible vessel or a qualified vessel 
                that is subject to an agreement under this 
                chapter; and
                  (B) a barge or container that is part of the 
                complement of a vessel described in 
                subparagraph (A) if provided for in the 
                agreement.
          (2) Eligible vessel.--The term ``eligible vessel'' 
        means--
                  (A) a vessel--
                          (i) constructed in the United States 
                        (and, if reconstructed, reconstructed 
                        in the United States), constructed 
                        outside the United States but 
                        documented under the laws of the United 
                        States on April 15, 1970, or 
                        constructed outside the United States 
                        for use in the United States foreign 
                        trade pursuant to a contract made 
                        before April 15, 1970;
                          (ii) documented under the laws of the 
                        United States; and
                          (iii) operated in the foreign or 
                        domestic trade of the United States or 
                        in the fisheries of the United States; 
                        and
                  (B) a commercial fishing vessel--
                          (i) constructed in the United States 
                        and, if reconstructed, reconstructed in 
                        the United States;
                          (ii) of at least 2 net tons but less 
                        than 5 net tons;
                          (iii) owned by a citizen of the 
                        United States;
                          (iv) having its home port in the 
                        United States; and
                          (v) operated in the commercial 
                        fisheries of the United States.
          (3) Joint regulations.--The term ``joint 
        regulations'' means regulations prescribed jointly by 
        the Secretary and the Secretary of the Treasury under 
        section 53502(b) of this title.
          (4) Noncontiguous trade.--The term ``noncontiguous 
        trade'' means--
                  (A) trade between--
                          (i) one of the contiguous 48 States; 
                        and
                          (ii) Alaska, Hawaii, Puerto Rico, or 
                        an insular territory or possession of 
                        the United States; and
                  (B) trade between--
                          (i) a place in Alaska, Hawaii, Puerto 
                        Rico, or an insular territory or 
                        possession of the United States; and
                          (ii) another place in Alaska, Hawaii, 
                        Puerto Rico, or an insular territory or 
                        possession of the United States.
          (5) Qualified vessel.--The term ``qualified vessel'' 
        means--
                  (A) a vessel--
                          (i) constructed in the United States 
                        (and, if reconstructed, reconstructed 
                        in the United States), constructed 
                        outside the United States but 
                        documented under the laws of the United 
                        States on April 15, 1970, or 
                        constructed outside the United States 
                        for use in the United States foreign 
                        trade pursuant to a contract made 
                        before April 15, 1970;
                          (ii) documented under the laws of the 
                        United States; and
                          (iii) agreed, between the Secretary 
                        and the person maintaining the capital 
                        construction fund established under 
                        section 53503 of this title, to be 
                        operated in the United States foreign, 
                        Great Lakes, noncontiguous domestic, or 
                        short sea [transportation trade trade 
                        or] transportation trade or in the 
                        fisheries of the United States; and
                  (B) a commercial fishing vessel--
                          (i) constructed in the United States 
                        and, if reconstructed, reconstructed in 
                        the United States;
                          (ii) of at least 2 net tons but less 
                        than 5 net tons;
                          (iii) owned by a citizen of the 
                        United States;
                          (iv) having its home port in the 
                        United States; and
                          (v) operated in the commercial 
                        fisheries of the United States.
          (6) Secretary.--The term ``Secretary'' means--
                  (A) the Secretary of Commerce with respect to 
                an eligible vessel or a qualified vessel 
                operated or to be operated in the fisheries of 
                the United States; and
                  (B) the Secretary of Transportation with 
                respect to other vessels.
          (7)  Short sea transportation trade.--The term 
        ``short sea transportation trade'' means the carriage 
        by vessel of cargo--
                  (A) that is--
                          (i) contained in intermodal cargo 
                        containers and loaded by crane on the 
                        vessel; or
                          (ii) loaded on the vessel by means of 
                        wheeled technology; and
                  (B) that is--
                          (i) loaded at a port in the United 
                        States and unloaded either at another 
                        port in the United States or at a port 
                        in Canada located in the Great Lakes 
                        Saint Lawrence Seaway System; or
                          (ii) loaded at a port in Canada 
                        located in the Great Lakes Saint 
                        Lawrence Seaway System and unloaded at 
                        a port in the United States.
          (8) United states foreign trade.--The term ``United 
        States foreign trade'' includes those areas in domestic 
        trade in which a vessel built with a construction-
        differential subsidy is allowed to operate under the 
        first sentence of section 506 of the Merchant Marine 
        Act, 1936.
          [(7)  United states foreign trade.--The term ``United 
        States foreign trade'' includes those areas in domestic 
        trade in which a vessel built with a construction-
        differential subsidy is allowed to operate under the 
        first sentence of section 506 of the Merchant Marine 
        Act, 1936.]
          [(8)] (9) Vessel.--The term ``vessel'' includes--
                  (A) cargo handling equipment that the 
                Secretary determines is intended for use 
                primarily on the vessel; and
                  (B) an ocean-going towing vessel, an ocean-
                going barge, or a comparable towing vessel or 
                barge operated on the Great Lakes.

           *       *       *       *       *       *       *


CHAPTER 541--MISCELLANEOUS

           *       *       *       *       *       *       *


Sec. 54101. Assistance for small shipyards

  (a) Establishment of Program.--Subject to the availability of 
appropriations, the Administrator of the Maritime 
Administration shall execute agreements with shipyards to 
provide assistance--
          (1) in the form of grants, loans, and loan guarantees 
        to small shipyards for capital improvements; and
          (2) for maritime training programs to foster 
        technical skills and operational productivity relating 
        to shipbuilding, ship repair, and associated 
        industries.
  (b) Awards.--
          (1) In general.--In providing assistance under the 
        program, the Administrator shall consider projects that 
        foster--
                  (A) efficiency, competitive operations, and 
                quality ship construction, repair, and 
                reconfiguration; and
                  (B) employee skills and enhanced productivity 
                related to shipbuilding, ship repair, and 
                associated industries.
          (2) Timing of grants.--The Administrator shall award 
        grants under this section not later than 120 days after 
        the date of the enactment of the appropriations Act for 
        the fiscal year concerned.
          (3) Reuse of unexpended grant funds.--Notwithstanding 
        paragraph (2), amounts awarded as a grant under this 
        section that are not expended by the grantee shall 
        remain available to the Administrator for use for 
        grants under this section.
  (c) Use of Funds.--
          (1) In general.--Assistance provided under this 
        section may be used to--
                  (A) make capital and related improvements in 
                small shipyards; and
                  (B) provide training for workers in 
                shipbuilding, ship repair, and associated 
                industries.
          (2) Administrative costs.--Not more than 2 percent of 
        amounts made available to carry out the program may be 
        used for the necessary costs of grant administration.
  (d) Prohibited Uses.--Grants awarded under this section may 
not be used to construct buildings or other physical facilities 
or to acquire land.
  (e) Matching Requirements; Allocation.--
          (1) Federal funding.--Federal funds for any eligible 
        project under this section shall not exceed 75 percent 
        of the total cost of such project.
          (2) Allocation of funds.--The Administrator may not 
        award more than 25 percent of the funds appropriated to 
        carry out this section for any fiscal year to any small 
        shipyard in one geographic location that has more than 
        600 employees.
  (f) Applications.--
          (1) In general.--To be eligible for assistance under 
        this section, an applicant shall submit an application, 
        in such form, and containing such information and 
        assurances as the Administrator may require, within 60 
        days after the date of enactment of the appropriations 
        Act for the fiscal year concerned.
          [(2) Minimum standards for payment or 
        reimbursement.--Each application submitted under 
        paragraph (1) shall include--
                  [(A) a comprehensive description of--
                          [(i) the need for the project;
                          [(ii) the methodology for 
                        implementing the project; and
                          [(iii) any existing programs or 
                        arrangements that can be used to 
                        supplement or leverage assistance under 
                        the program.]
          (2) Minimum standards for payment or reimbursement.--
        Each application submitted under paragraph (1) shall 
        include a comprehensive description of--
                  (A) the need for the project;
                  (B) the methodology for implementing the 
                project; and
                  (C) any existing programs or arrangements 
                that can be used to supplement or leverage 
                assistance under the program.
          (3) Procedural safeguards.--The Administrator, in 
        consultation with the Office of the Inspector General, 
        shall issue guidelines to establish appropriate 
        accounting, reporting, and review procedures to ensure 
        that--
                  (A) grant funds are used for the purposes for 
                which they were made available;
                  (B) grantees have properly accounted for all 
                expenditures of grant funds; and
                  (C) grant funds not used for such purposes 
                and amounts not obligated or expended are 
                returned.
          (4) Project approval required.--The Administrator may 
        not award a grant under this section unless the 
        Administrator determines that--
                  (A) sufficient funding is available to meet 
                the matching requirements of subsection (e);
                  (B) the project will be completed without 
                unreasonable delay; and
                  (C) the recipient has authority to carry out 
                the proposed project.
  (g) Audits and Examinations.--All grantees under this section 
shall maintain such records as the Administrator may require 
and make such records available for review and audit by the 
Administrator.
  (h) Small Shipyard Defined.--In this section, the term 
``small shipyard'' means a shipyard facility in one geographic 
location that does not have more than 1,200 employees.
  (i) Authorization of Appropriations.--There are authorized to 
be appropriated to the Administrator of the Maritime 
Administration for each of fiscal years 2018, 2019, and 2020 to 
carry out this section $35,000,000.

           *       *       *       *       *       *       *


PART D--PROMOTIONAL PROGRAMS

           *       *       *       *       *       *       *


CHAPTER 553--PASSENGER AND CARGO PREFERENCES

           *       *       *       *       *       *       *


SUBCHAPTER I--GENERAL

           *       *       *       *       *       *       *


Sec. 55305. Cargoes procured, furnished, or financed by the United 
                    States Government

  (a) Definition.--In this section, the term ``privately-owned 
commercial vessel of the United States'' does not include a 
vessel that, after September 21, 1961, was built or rebuilt 
outside the United States or documented under the laws of a 
foreign country, until the vessel has been documented under the 
laws of the United States for at least 3 years.
  (b) Minimum Tonnage.--When the United States Government 
procures, contracts for, or otherwise obtains for its own 
account, or furnishes to or for the account of a foreign 
country, organization, or persons without provision for 
reimbursement, any equipment, materials, or commodities, or 
provides financing in any way with Federal funds for the 
account of any persons unless otherwise exempted, within or 
without the United States, or advances funds or credits, or 
guarantees the convertibility of foreign currencies in 
connection with the furnishing or obtaining of the equipment, 
materials, or commodities, the appropriate agencies shall take 
steps necessary and practicable to ensure that at least 50 
percent of the gross tonnage of the equipment, materials, or 
commodities (computed separately for dry bulk carriers, dry 
cargo liners, and tankers) which may be transported on ocean 
vessels is transported on privately-owned commercial vessels of 
the United States, to the extent those vessels are available at 
fair and reasonable rates for commercial vessels of the United 
States, in a manner that will ensure a fair and reasonable 
participation of commercial vessels of the United States in 
those cargoes by geographic areas.
  (c) Waivers.--The President, the Secretary of Defense, or 
Congress (by concurrent resolution or otherwise) may waive this 
section temporarily by--
          (1) declaring the existence of an emergency 
        justifying a waiver; and
          (2) notifying the appropriate agencies of the waiver.
  (d) Programs of Other Agencies.--
          (1) Each department or agency that has responsibility 
        for a program under this section shall administer that 
        program with respect to this section under regulations 
        and guidance issued by the Secretary of Transportation. 
        The Secretary, after consulting with the department or 
        agency or organization or person involved, shall have 
        the sole responsibility for determining if a program is 
        subject to the requirements of this section.
          (2) The Secretary--
                  (A) shall conduct an annual review of the 
                administration of programs determined pursuant 
                to paragraph (1) as subject to the requirements 
                of this section;
                  (B) may direct agencies to require the 
                transportation on United States-flagged vessels 
                of cargo shipments not otherwise subject to 
                this section in equivalent amounts to cargo 
                determined to have been shipped on foreign 
                carriers in violation of this section;
                  (C) may impose on any person that violates 
                this section, or a regulation prescribed under 
                this section, a civil penalty of not more than 
                $25,000 for each violation willfully and 
                knowingly committed, with each day of a 
                continuing violation following the date of 
                shipment to be a separate violation; and
                  (D) may take other measures as appropriate 
                under the Federal Acquisition Regulations 
                issued pursuant to section 25(c)(1) of the 
                Office of Federal Procurement Policy Act (41 
                U.S.C. [421(c)(1)] 1303(a)(1)) or contract with 
                respect to each violation.
  (e) Security of Government-Impelled Cargo.--
          (1) In order to ensure the safety of vessels and 
        crewmembers transporting equipment, materials, or 
        commodities under this section, the Secretary of 
        Transportation shall direct each department or agency 
        (except the Department of Defense), when responsible 
        for the carriage of such equipment, materials, or 
        commodities, to reimburse, subject to the availability 
        of appropriations, the owners or operators of vessels 
        of the United States carrying such equipment, 
        materials, or commodities for the cost of providing 
        armed personnel aboard such vessels if the vessels are 
        transiting high-risk waters.
          (2) In this subsection, the term ``high-risk waters'' 
        means waters so designated by the Commandant of the 
        Coast Guard in the maritime security directive issued 
        by the Commandant and in effect on the date on which an 
        applicable voyage begins, if the Secretary of 
        Transportation--
                  (A) determines that an act of piracy occurred 
                in the 12-month period preceding the date the 
                voyage begins; or
                  (B) in such period, issued an advisory 
                warning that an act of piracy is possible in 
                such waters.

           *       *       *       *       *       *       *


PART F--GOVERNMENT-OWNED MERCHANT VESSELS

           *       *       *       *       *       *       *


        CHAPTER 575--CONSTRUCTION, CHARTER, AND SALE OF VESSELS

Sec.
57501. Completion of long-range program.
     * * * * * * *

                SUBCHAPTER SUBCHAPTER III--MISCELLANEOUS

     * * * * * * *
57533. Vessel chartering authority.

           *       *       *       *       *       *       *


SUBCHAPTER III--MISCELLANEOUS

           *       *       *       *       *       *       *


Sec. 57532. Operation of experimental vessels

  (a) Definition.--In this section, the term ``experimental 
vessel'' means a vessel owned by the United States Government 
(including a vessel in the National Defense Reserve Fleet) that 
has been constructed, reconditioned, or remodeled for 
experimental or testing purposes.
  (b) Authority To Operate.--The Secretary of Transportation, 
for the purpose of practical development, trial, and testing, 
may operate an experimental vessel under a bareboat charter or 
general agency agreement in the foreign or domestic trade of 
the United States or for use for the account of a department or 
agency of the Government, without regard to other provisions of 
this subtitle and other laws related to chartering and general 
agency operations. Not more than 10 vessels may be operated and 
tested under this section in any one year.
  (c) Terms of Operation.--Operation of a vessel under this 
section shall be on terms the Secretary considers appropriate 
to carry out the purposes of this subtitle. A bareboat charter 
under this section shall be at reasonable rates and include 
restrictions the Secretary considers appropriate to protect the 
public interest, including provisions for recapture of profits 
under section 57517 of this title. A charter or general agency 
agreement under this section shall be reviewed annually to 
determine whether conditions exist to justify continuance of 
the charter or agreement.
  (d) Rights of Seamen.--A seaman engaged in vessel operations 
of the Secretary under this section and employed through a 
general agent in connection with a charter or agreement under 
this section is entitled to all the rights and remedies 
provided in sections 1(a) and (c), 3(c), and 4 of the Act of 
March 24, 1943 [(50 App. U.S.C. 1291(a), (c), 1293(c), 1294)] 
(50 U.S.C. 4701(a), (c), 4703(c), and 4704).

           *       *       *       *       *       *       *


SUBTITLE VI--CLEARANCE, TONNAGE TAXES, AND DUTIES

           *       *       *       *       *       *       *


CHAPTER 603--TONNAGE TAXES AND LIGHT MONEY

           *       *       *       *       *       *       *


Sec. 60303. Light money

  (a) Imposition of Tax.--A tax of 50 cents per ton, to be 
called ``light money'', is imposed on a vessel not of the 
United States at each entry in a port of the United States. 
This tax shall be imposed and collected under the same 
regulations that apply to tonnage taxes.
  (b) Exception for Vessels Owned by Citizens.--
          (1) In general.--Subsection (a) does not apply to a 
        vessel owned only by citizens of the United States if--
                  (A) the vessel is carrying a regular document 
                issued by a customhouse of the United States 
                proving the vessel to be owned only by citizens 
                of the United States; and
                  (B) on entry of the vessel from a foreign 
                port, the individual designated under paragraph 
                (2) states under oath that--
                          (i) the document contains the names 
                        of all the owners of the vessel; or
                          (ii) part of the ownership has been 
                        transferred since the document was 
                        issued and, to the best of that 
                        individual's knowledge and belief, the 
                        vessel is still owned only by citizens 
                        of the United States.
          (2) Person to make statement.--The statement under 
        paragraph (1)(B) shall be made by--
                  (A) an owner if one resides at the port of 
                entry; or
                  (B) the master if an owner does not reside at 
                the port of entry.
  (c) Exception for Vessels Becoming Documented.--[Subsection 
(a) section does] Subsection (a) does not apply to a vessel 
that--
          (1) is owned only by citizens of the United States; 
        and
          (2) after entering a port of the United States, 
        becomes documented as a vessel of the United States 
        before leaving that port.

           *       *       *       *       *       *       *


SUBTITLE VIII--MISCELLANEOUS

           *       *       *       *       *       *       *


CHAPTER 803--ICE AND DERELICTS

           *       *       *       *       *       *       *


Sec. 80302. Patrol services

  (a) General Requirements.--Unless the agreements made under 
section 80301 of this title provide otherwise, an ice patrol 
shall be maintained during the entire ice season in guarding 
the southeastern, southern, and southwestern limits of the 
region of icebergs in the vicinity of the Grand Banks of 
Newfoundland. The patrol shall inform trans-Atlantic and other 
passing vessels by radio and other available means of the ice 
conditions and the extent of the dangerous region. During the 
ice season, there shall be maintained a service of study of ice 
and current conditions, a service of providing assistance to 
vessels and crews requiring assistance, and a service of 
removing and destroying derelicts. Any of these services may be 
maintained during the remainder of the year as may be 
advisable.
  (b) Warnings to Vessels.--The ice patrol shall warn any 
vessel known to be approaching a dangerous area and recommend 
safe routes.
  (c) Recording and Reporting Incidents.--
          (1) Recording.--The ice patrol shall record the name 
        of a vessel and the facts of the case when the patrol 
        observes or knows that the vessel--
                  (A) is on other than a regular recognized or 
                advertised route crossing the North Atlantic 
                Ocean;
                  (B) has crossed the fishing banks of 
                Newfoundland north of latitude 43 degrees north 
                during the fishing season; or
                  (C) has passed through regions known or 
                believed to be endangered by ice when 
                proceeding to and from ports of North America.
          (2) Reporting.--The name of the vessel and all 
        pertinent information about the incident shall be 
        reported to the government of the country to which the 
        vessel belongs if that government requests.
  (d) Administration.--The Commandant [of the Coast Guard], 
under the direction of the Secretary of the department in which 
the Coast Guard is operating, shall carry out the services 
provided for in this section and shall assign necessary 
aircraft, material, and personnel of the Coast Guard. On 
request of such Secretary, the head of an agency may detail 
personnel, lend or contribute material or equipment, or 
otherwise assist in carrying out the services provided for in 
this section.
  (e) Annual Report.--The Commandant shall publish an annual 
report of the activities of the services provided for in this 
section. A copy of the report shall be provided to each 
interested foreign government and to each agency assisting in 
the work.

           *       *       *       *       *       *       *

                              ----------                              


                  MARINE MAMMAL PROTECTION ACT OF 1972



           *       *       *       *       *       *       *
TITLE I--CONSERVATION AND PROTECTION OF MARINE MAMMALS

           *       *       *       *       *       *       *


               Interim Exemption for Commercial Fisheries

  Sec. 114. (a)(1) During the period beginning on the date of 
enactment of this section and until superseded by regulations 
prescribed under section 118, or until September 1, 1995, 
whichever is earlier, except as provided in paragraph (2), the 
provisions of this section, rather than sections 101, 103, and 
104, shall govern the incidental taking of marine mammals in 
the course of commercial fishing operations by persons using 
vessels of the United States and vessels which have valid 
fishing permits issued by the Secretary in accordance with 
section 204(b) of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1824(b)). In any event it shall be 
the immediate goal that the incidental kill or serious injury 
of marine mammals permitted in the course of commercial fishing 
operations be reduced to insignificant levels approaching a 
zero mortality and serious injury rate.
  (2) The provisions of this section other than subsection 
(e)(6)(A) shall not govern the incidental taking of marine 
mammals in the course of commercial yellowfin tuna fishing 
subject to section 104(h)(2) of this title.
  (b)(1) The Secretary shall, after consultation with the 
Marine Mammal Commission--
          (A) publish in the Federal Register, for public 
        comment, not later than sixty days after the date of 
        enactment of this section a proposed list of those 
        fisheries, along with a statement of the marine mammals 
        and the approximate number of vessels or persons 
        involved in each such fishery, that have--
                  (i) frequent incidental taking of marine 
                mammals;
                  (ii) occasional incidental taking of marine 
                mammals; or
                  (iii) a remote likelihood of or no known 
                incidental taking of marine mammals;
          (B) publish in the Federal Register not later than 
        one hundred and twenty days after the date of enactment 
        of this section a final list of the fisheries and 
        otherinformation required by paragraph (A), together 
        with a summary of the provisions of this section and 
        information sufficient to advise vessel owners on how 
        to obtain an exemption and otherwise comply with the 
        requirements of this section; and
          (C) at least once each year thereafter, and at such 
        other times as the Secretary considers appropriate, 
        reexamine, based on information gathered from the 
        program established under subsections (c), (d), (e), 
        and (f), and other relevant sources and after notice 
        and opportunity for public comment, the classification 
        of fisheries and other determinations required under 
        subparagraph (A) and publish in the Federal Register 
        any necessary changes.
  (2)(A) An exemption shall be granted by the Secretary in 
accordance with this section for a vessel engaged in a fishery 
identified under paragraph (1)(A) (i) or (ii), upon receipt by 
the Secretary of a completed registration form providing the 
name of the vessel owner, the name and description of the 
vessel, the fisheries in which it will be engaged, and such 
other information as the Secretary considers necessary. A decal 
or other physical evidence that the exemption is current and 
valid shall be issued by the Secretary at the time an exemption 
is granted, and so long as the exemption remains current and 
valid, shall be reissued annually thereafter.
  (B) No exemption may be granted under this section to the 
owner of a vessel unless such vessel
          (i) is a vessel of the United States; or
          (ii) has a valid fishing permit issued by the 
        Secretary in accordance with section 204(b) of the 
        Magnuson Fishery Conservation and Management Act (16 
        U.S.C. 1824(b)).
  (C) Notwithstanding any other provision of this title, 
exemptions granted under this section shall authorize the 
incidental taking of marine mammals, other than California sea 
otters, from any species or stock, including a population stock 
designated as depleted, but shall not authorize the intentional 
lethal taking of any Steller sea lion, any cetacean, or any 
marine mammals from a population stock designated as depleted.
  (3)(A) Beginning two hundred and forty days after the date of 
enactment of this section, each owner of a vessel engaged in 
any fishery identified under paragraph (1)(A) (i) or (ii) 
shall, in order to engage lawfully in that fishery--
          (i) have registered with the Secretary in order to 
        obtain for each such vessel owned an exemption for the 
        purpose of incidentally taking marine mammals in 
        accordance with this section;
          (ii) ensure that a decal or such other physical 
        evidence of a current and valid exemption as the 
        Secretary may require is displayed on or is in the 
        possession of the master of each such vessel; and
          (iii) report as required by subsection (c).
  (B) Any owner of a vessel receiving an exemption under this 
section for any fishery identified under paragraph (1)(A)(i) 
shall, as a condition of that exemption, take on board a 
natural resource observer if requested to do so by the 
Secretary.
  (C) An owner of a vessel engaged in a fishery identified 
under paragraph (1)(A) (i) or (ii) who--
          (i) fails to obtain from the Secretary an exemption 
        under this section;
          (ii) fails to maintain a current and valid exemption; 
        or
          (iii) fails to ensure that a decal or other physical 
        evidence of such exemption issued by the Secretary is 
        displayed on or is in possession of the master of the 
        vessel,
and the master of any such vessel engaged in such fishery, 
shall be deemed to have violated this title, and shall be 
subject to the penalties of this title except in the case of 
unknowing violations before January l, 1990.
  (D) If the owner of a vessel has obtained and maintains a 
current and valid exemption from the Secretary under this 
section and meets the requirements set forth in this section, 
the owner of such vessel, and the master and crew members of 
the vessel, shall not be subject to the penalties set forth in 
this title for the incidental taking of marine mammals while 
such vessel is engaged in a fishery to which the exemption 
applies.
  (E) Each owner of a vessel engaged in any fishery not 
identified in paragraph (1)(A) (i) or (ii), and the master and 
crew members of such a vessel, shall not be subject to the 
penalties set forth in this title for the incidental taking of 
marine mammals if such owner reports to the Secretary, in such 
form and manner as the Secretary may require, instances of 
lethal incidental taking in the course of that fishery.
  (4) The Secretary shall suspend or revoke an exemption 
granted under this section and shall not issue a decal or other 
physical evidence of the exemption for any vessel until the 
owner of such vessel complies with the reporting requirements 
under subsection (c) and such requirements to take on board a 
natural resource observer under paragraph (3)(B) as are 
applicable to such vessel.
  (5)(A) The Secretary shall develop, in consultation with the 
appropriate States, Regional Fishery Management Councils, and 
other interested parties, the means by which the granting and 
administration of exemptions under this section shall be 
integrated and coordinated, to the maximum extent practicable, 
with existing fishery licenses, registrations, and related 
programs.
  (B) The Secretary shall utilize newspapers of general 
circulation, fishery trade associations, electronic media, and 
other means of advising commercial fishermen of the provisions 
of this section and the means by which they can comply with its 
requirements.
  (C) The Secretary is authorized to charge a fee for the 
granting of an exemption under this subsection. The level of 
fees charged under this subparagraph shallnot exceed the 
administrative costs incurred in granting an exemption. Fees 
collected under this subparagraph shall be available to the 
Under Secretary of Commerce for Oceans and Atmosphere for 
expenses incurred in the granting and administration of 
exemptions under this section.
  (c) The owner of each vessel holding an exemption granted 
under subsection (b) of this section shall regularly compile 
information which shall be used in a report to be submitted to 
the Secretary at the close of the fishing season or annually, 
as the Secretary may prescribe. Such report shall be submitted 
in such form as the Secretary may require and shall include the 
following:
          (1) the type of fishery engaged in by the owner's 
        vessel;
          (2) the date and approximate time of any incidental 
        taking of a marine mammal, together with the area in 
        which the incidental taking occurred, the fishing gear 
        used at the time of the incidental taking, and the 
        species of fish involved; and
          (3) for each incidental taking, the number and 
        species of marine mammals involved, whether the marine 
        mammals were deterred from gear or catch, incidentally 
        injured, incidentally killed, or lethally removed to 
        protect gear, catch, or human life.
If there was no incidental taking of marine mammals during the 
reporting period, a report stating that fact shall be filed 
with the Secretary.
  (d)(1) The Secretary shall establish a program to enhance the 
quality of and verify information received from reports 
submitted by owners of vessels who have been granted an 
exemption under subsection (b) of this section. The program 
shall include, but not be limited to--
          (A) education efforts regarding the information that 
        must be submitted;
          (B) interviews with fishermen; and
          (C) other such information gathering and verification 
        activities that will enable the Secretary to determine 
        reliably the nature, type, and extent of the incidental 
        taking of marine mammals that occurs in a fishery.
Except to the extent authorized by the provisions of subsection 
(e), the program shall not include placement of observers 
aboard exempted vessels.
  (2) Information obtained under this subsection shall be 
subject to the confidentiality provisions of subsection (j).
  (e)(1) For each fishery identified under subsection 
(b)(1)(A)(i) of this section, the Secretary shall, after 
consultation with the appropriate Regional Fishery Management 
Councils, other Federal and State agencies, and other 
interested parties, and subject to paragraph (6), place 
observers on board exempted vessels so as to monitor not less 
than 20 percent nor more than 35 percent of the fishing 
operations by vessels in the fishery to obtain statistically 
reliable information on the species and number of marine 
mammals incidentally taken in the fishery. If the Secretary 
determines that fewer than 20 percent of the fishing operations 
by vessels in the fishery will be monitored during the course 
of the fishing season, the Secretary shall implement the 
alternative observation program described in subsection (f) to 
the extent necessary to supplement the observer program 
described in this subsection.
  (2) When determining the distribution of observers among 
fisheries and between vessels in a particular fishery, the 
Secretary shall be guided by the following standards:
          (A) the requirement to obtain the best scientific 
        information available;
          (B) the requirement that assignment of observers is 
        fair and equitable among fisheries and among vessels in 
        a fishery;
          (C) consistent with paragraph (1), the requirement 
        that no individual person or vessel, or group of 
        persons or vessels, be subject to excessive or overly 
        burdensome observer coverage; and
          (D) where practicable, the need to minimize costs and 
        avoid duplication.
  (3) If the Secretary finds that, for reasons beyond his or 
her control, the Secretary cannot assign observers to all the 
fisheries identified under subsection (b)(1)(A)(i) of this 
section at the level of observer coverage set forth in 
paragraph (1), the Secretary shall allocate available observers 
among such fisheries, consistent with paragraph (2), according 
to the following priority:
          (A) those fisheries that incidentally take marine 
        mammals from any population stock designated as 
        depleted;
          (B) those fisheries that incidentally take marine 
        mammals from population stocks that the Secretary 
        believes are declining;
          (C) those fisheries other than those described in 
        subparagraphs (A) and (B) in which the greatest 
        incidental take of marine mammals occur; and
          (D) any other fishery identified under subsection 
        (b)(1)(A)(i).
The Secretary may, with the consent of the vessel owner, 
station an observer on board a vessel engaged in a fishery not 
identified under subsection (b)(1)(A)(i).
  (4) Information gathered by observers shall be subject to the 
provisions of subsection (j). Consistent with the requirements 
of paragraph (1), the Secretary shall, if requested by the 
Appropriate Regional Fishery Management Council, or in the case 
of a State fishery, the State, require observers to collect 
additional information, including but not limited to the 
quantities, species, and physical condition of target and non- 
target fishery resources and, if requested by the Secretary of 
the Interior, seabirds.
  (5) Notwithstanding the provisions of paragraph (4), the 
Secretary may decline to require observers to collect 
information described in such paragraph, if the Secretary finds 
in writing, following public notice and opportunity for 
comment, that such information will not contribute to the 
protection of marine mammals or the understanding of the marine 
ecosystem, including fishery resources and seabirds.
  (6) The Secretary shall not be required to place an observer 
on a vessel in a fishery if the Secretary finds that--
          (A) in a situation where harvesting vessels are 
        delivering fish to a processing vessel and the catch is 
        not taken on board the harvesting vessel, statistically 
        reliable information can be obtained from an observer 
        on board the processing vessel to which the fish are 
        delivered;
          (B) the facilities of a vessel for the quartering of 
        an observer, or for carrying out observer functions, 
        are so inadequate or unsafe that the health or safety 
        of the observer or the safe operation of the vessel 
        would be jeopardized; or
          (C) for reasons beyond the control of the Secretary, 
        an observer is not available.
  (7)(A) An observer on a vessel (or the observer's personal 
representative) under the requirements of this section or 
section 104 that is ill, disabled, injured, or killed from 
service as an observer on that vessel may not bring a civil 
action under any law of the United States for that illness, 
disability, injury, or death against the vessel or vessel 
owner, except that a civil action may be brought against the 
vessel owner for the owner's willful misconduct.
  (B) This paragraph does not apply if the observer is engaged 
by the owner, master, or individual in charge of a vessel to 
perform any duties in service to the vessel.
  (8) There are authorized to be appropriated to the Department 
of Commerce for the purposes of carrying out this subsection 
not to exceed $2,700,000 for fiscal year 1989 and not to exceed 
$8,000,000 for each of the fiscal years 1990, 1991, 1992, and 
1993.
  (f)(1) The Secretary shall establish an alternative 
observation program to provide statistically reliable 
information on the species and number of marine mammals 
incidentally taken in those fisheries identified pursuant to 
subsection (b)(1)(A)(i) of this section for which the required 
level of observer coverage has not been met or for any other 
fisheries about which such reliable information is not 
otherwise available. The alternative program shall include, but 
not be limited to, direct observation of fishing activities 
from vessels, airplanes, or points on shore.
  (2) Individuals engaged in the alternative observation 
program shall collect scientific information on the fisheries 
subject to observation, consistent with the requirements of 
paragraph (1) and subsection (e) (4) and (5). All information 
collected shall be subject to the provisions of subsection (j).
  (g)(1) The Secretary shall review information regarding the 
incidental taking of marine mammals and evaluate the effects of 
such incidental taking on the affected population stocks of 
marine mammals.
  (2) If the Secretary finds, based on the information received 
from the programs established under subsections (c), (d), (e), 
and (f), that the incidental taking of marine mammals in a 
fishery is having an immediate and significant adverse impact 
on a marine mammal population stock or, in the case of Steller 
sea lions and North Pacific fur seals, that more than 1,350 and 
50, respectively, will be incidentally killed during acalendar 
year, the Secretary shall consult with appropriate Regional 
Fishery Management Councils and State fishery managers and 
prescribe emergency regulations to prevent to the maximum 
extent practicable any further taking. Any emergency 
regulations prescribed under this paragraph--
          (A) shall, to the maximum extent practicable, avoid 
        interfering with existing State or regional fishery 
        management plans;
          (B) shall be published in the Federal Register 
        together with the reasons therefor;
          (C) shall remain in effect for not more than one 
        hundred and eighty days or until the end of the fishing 
        season, whichever is earlier; and
          (D) may be terminated by the Secretary at an earlier 
        date by publication in the Federal Register of a notice 
        of termination if the Secretary determines the reasons 
        for the emergency regulations no longer exist.
In prescribing emergency regulations under this paragraph, the 
Secretary shall take into account the economics of the fishery 
concerned and the availability of existing technology to 
prevent or minimize incidental taking of marine mammals.
  (3) If the Secretary finds, based on information received 
from the programs established under subsections (c), (d), (e), 
and (f), that incidental taking of marine mammals in a fishery 
is not having an immediate and significant adverse impact on a 
marine mammal population stock but that it will likely have a 
significant adverse impact over a period of time longer than 
one year, the Secretary shall request the appropriate Regional 
Fishery Management Council or State to initiate, recommend, or 
take such action within its authority as it considers necessary 
to mitigate the adverse impacts, including adjustments to 
requirements on fishing times or areas or the imposition of 
restrictions on the use of vessels or gear.
  (4) The Secretary shall impose appropriate conditions and 
restrictions on an exemption granted under subsection (b) if--
          (A) a Regional Fishery Management Council or State 
        does not act in a reasonable period of time on a 
        request made by the Secretary under paragraph (3); or
          (B) if the Secretary determines after notice and 
        opportunity for public comment that the purposes of 
        this section would be better served by such action.
  (h) The Secretary shall design and implement an information 
management system capable of processing and analyzing reports 
received from the programs established under subsections (c), 
(d), (e), and (f), and other relevant sources, including 
Federal and State enforcement authorities, marine mammal 
stranding networks, and the marine mammal researchers. The 
information shall be made accessible to the public on a 
continuing basis, but in any case no later than six months 
after it is received, subject to the provisions of subsection 
(j).
  (i) When carrying out the Secretary's responsibilities under 
subsections (b), (d), (e), (f), and (h) of this section, the 
Secretary shall, to the maximum extent practicable, utilizethe 
services and programs of State agencies, Federal agencies 
(including programs established by Regional Fishery Management 
Councils), marine fisheries commissions, universities, and 
private entities, on a reimbursable basis or otherwise. The 
Secretary is authorized to enter into contracts and agreements 
to carry out his or her responsibilities and shall establish 
appropriate guidelines to ensure that other programs used or 
contracted for will meet the same standards as a program 
established by the Secretary. A person contracting with the 
Secretary to provide observer services under subsection (e) of 
this section must provide evidence of financial responsibility 
in an amount and form prescribed by the Secretary to compensate 
employees (or their survivors) adequately for any illness, 
disability, injury, or death from service on a vessel.
  (j)(1) Any information collected under subsection (c), (d), 
(e), (f), or (h) of this section shall be confidential and 
shall not be disclosed except--
          (A) to Federal employees whose duties require access 
        to such information;
          (B) to State employees pursuant to an agreement with 
        the Secretary that prevents public disclosure of the 
        identity or business of any person;
          (C) when required by court order; or
          (D) in the case of scientific information involving 
        fisheries, to employees of Regional Fishery Management 
        Councils who are responsible for fishery management 
        plan development and monitoring.
  (2) The Secretary shall prescribe such procedures as may be 
necessary to preserve such confidentiality, except that the 
Secretary shall release or make public any such information in 
aggregate, summary, or other form which does not directly or 
indirectly disclose the identity or business of any person.
  (k) The Secretary, in consultation with any other Federal 
agency to the extent that such agency may be affected, shall 
prescribe such regulations as necessary and appropriate to 
carry out the purposes of this section.
  (l)(1) The Chairman of the Marine Mammal Commission shall, 
after consultation with interested parties and not later than 
February 1, 1990, transmit to the Secretary and make available 
to the public recommended guidelines to govern the incidental 
taking of marine mammals in the course of commercial fishing 
operations, other than those subject to section 104(h)(2), 
after October 1, 1993. Such guidelines shall be developed by 
the Commission and its Committee of Scientific Advisers on 
Marine Mammals and shall--
          (A) be designed to provide a scientific rationale and 
        basis for determining how many marine mammals may be 
        incidentally taken under a regime to be adopted to 
        govern such taking after October 1, 1993;
          (B) be based on sound principles of wildlife 
        management, and be consistent with and in furtherance 
        of the purposes and policies set forth in this Act; and
          (C) to the maximum extent practicable, include as 
        factors to be considered and utilized in determining 
        permissible levels of such taking--
                  (i) the status and trends of the affected 
                marine mammal population stocks;
                  (ii) the abundance and annual net recruitment 
                of such stocks;
                  (iii) the level of confidence in the 
                knowledge of the affected stocks; and
                  (iv) the extent to which incidental taking 
                will likely cause or contribute to their 
                decline or prevent their recovery to optimum 
                sustainable population levels.
  (2) The Secretary shall advise the Chairman of the Commission 
in writing if the Secretary determines that any additional 
information or explanation of the Chairman's recommendations is 
needed, and the Chairman shall respond in writing to any such 
request by the Secretary.
  (3) On or before February 1, 1991, the Secretary, after 
consultation with the Marine Mammal Commission, Regional 
Fishery Management Councils, and other interested governmental 
and nongovernmental organizations, shall publish in the Federal 
Register, for public comment, the suggested regime that the 
Secretary considers should, if authorized by enactment of any 
additional legislation, govern incidental taking of marine 
mammals, other than those subject to section 104(h)(2), after 
October 1, 1993. The suggested regime shall include--
          (A) the scientific guidelines to be used in 
        determining permissible levels of incidental taking;
          (B) a description of the arrangements for 
        consultation and cooperation with other Federal 
        agencies, the appropriate Regional Fishery Management 
        Councils and States, the commercial fishing industry, 
        and conservation organizations; and
          (C) a summary of such regulations and legislation as 
        would be necessary to implement the suggested regime.
  (4) On or before January 1, 1992, the Secretary, after 
consultation with the Marine Mammal Commission, and 
consideration of public comment, shall transmit to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Merchant Marine and Fisheries of 
the House of Representatives recommendations pertaining to the 
incidental taking of marine mammals, other than those subject 
to section 104(h)(2), after October 1, 1993. The 
recommendations shall include--
          (A) the suggested regime developed under paragraph 
        (3) of this subsection as modified after comment and 
        consultations;
          (B) a proposed schedule for implementing the 
        suggested regime; and
          (C) such recommendations for additional legislation 
        as the Secretary considers necessary or desirable to 
        implement the suggested regime.
  (m) The Secretary shall consult with the Secretary of the 
Interior prior to taking actions or making determinations under 
this section that affect or relate to species or population 
stocks of marine mammals for which the Secretary of the 
Interior is responsible under this title.
  (n) For the purposes of this section, the owner of fixed or 
other commercial fishing gear that is deployed with or without 
the use of a vessel shall be deemed to be an owner of a vessel 
engaged in the fishery in which that gear is deployed.
  (o) As used in this section--
          (1) the term ``fishery'' has the same meaning as it 
        does in section 3(8) of the Magnuson Fishery 
        Conservation and Management Act (16 U.S.C. 1802(8)).
          (2) the term ``Secretary'' means the Secretary of 
        Commerce.
          (3) the term ``vessel engaged in a fishery'' means a 
        fishing vessel as defined in [section 2101(11a)] 
        section 2101(12) of Title 46, United States Code, or a 
        fish processing vessel as defined in [section 
        2101(11b)] section 2101(13) of that title, which is 
        engaged in fishery.
          (4) the term ``vessel of the United States'' has the 
        same meaning as it does in section 3(27) of the 
        Magnuson Fishery Conservation and Management Act (16 
        U.S.C. 1802(27)).

           *       *       *       *       *       *       *

                              ----------                              


        MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT



           *       *       *       *       *       *       *
SEC. 3. DEFINITIONS.

   As used in this Act, unless the context otherwise requires--
          (1) The term ``anadromous species'' means species of 
        fish which spawn in fresh or estuarine waters of the 
        United States and which migrate to ocean waters.
          (2) The term ``bycatch'' means fish which are 
        harvested in a fishery, but which are not sold or kept 
        for personal use, and includes economic discards and 
        regulatory discards. Such term does not include fish 
        released alive under a recreational catch and release 
        fishery management program.
          (3) The term ``charter fishing'' means fishing from a 
        vessel carrying a passenger for hire (as defined in 
        [section 2101(21a)] section 2101(30) of title 46, 
        United States Code) who is engaged in recreational 
        fishing.
          (4) The term ``commercial fishing'' means fishing in 
        which the fish harvested, either in whole or in part, 
        are intended to enter commerce or enter commerce 
        through sale, barter or trade.
          (5) The term ``conservation and management'' refers 
        to all of the rules, regulations, conditions, methods, 
        and other measures (A) which are required to rebuild, 
        restore, or maintain, and which are useful in 
        rebuilding, restoring, or maintaining, any fishery 
        resource and the marine environment; and (B) which are 
        designed to assure that--
                  
                  (i) a supply of food and other products may 
                be taken, and that recreational benefits may be 
                obtained, on a continuing basis;
                  (ii) irreversible or long-term adverse 
                effects on fishery resources and the marine 
                environment are avoided; and
                  (iii) there will be a multiplicity of options 
                available with respect to future uses of these 
                resources.
          (6) The term ``Continental Shelf'' means the seabed 
        and subsoil of the submarine areas adjacent to the 
        coast, but outside the area of the territorial sea, of 
        the United States, to a depth of 200 meters or, beyond 
        that limit, to where the depth of the superjacent 
        waters admits of the exploitation of the natural 
        resources of such areas.
          (7) The term ``Continental Shelf fishery resources'' 
        means the following:

                              COLENTERATA

          Bamboo Coral--Acanella spp.;
          Black Coral--Antipathes spp.;
          Gold Coral--Callogorgia spp.;
          Precious Red Coral--Corallium spp.;
          Bamboo Coral--Keratoisis spp.; and
          Gold Coral--Parazoanthus spp.

                               CRUSTACEA

          Tanner Crab--Chionoecetes tanneri;
          Tanner Crab--Chionoecetes opilio;
          Tanner Crab--Chionoecetes angulatus;
          Tanner Crab--Chionoecetes bairdi;
          King Crab--Paralithodes camtschatica;
          King Crab--Paralithodes platypus;
          King Crab--Paralithodes brevipes;
          Lobster--Homarus americanus;
          Dungeness Crab--Cancer magister;
          California King Crab--Paralithodes californiensis;
          California King Crab--Paralithodes rathbuni;
          Golden King Crab--Lithodes aequispinus;
          Northern Stone Crab--Lithodes maja;
          Stone Crab--Menippe mercenaria; and
          Deep-sea Red Crab--Chaceon quinquedens.

                                MOLLUSKS

          Red Abalone--Haliotis rufescens;
          Pink Abalone--Haliotis corrugata;
          Japanese Abalone--Haliotis kamtschatkana;
          Queen Conch--Strombus gigas;
          Surf Clam--Spisula solidissima, and
          Ocean Quahog--Arctica islandica.

                                SPONGES

          Glove Sponge--Spongia cheiris
          Sheepswool Sponge--Hippiospongia lachne;
          Grass Sponge--Spongia graminea; and
          Yellow Sponge--Spongia barbera.
        If the Secretary determines, after consultation with 
        the Secretary of State, that living organisms of any 
        other sedentary species are, at the harvestable stage, 
        either--
                  (A) immobile on or under the seabed, or
                  (B) unable to move except in constant 
                physical contact with the seabed or subsoil,
        of the Continental Shelf which appertains to the United 
        States, and publishes notice of such determination in 
        the Federal Register, such sedentary species shall be 
        considered to be added to the foregoing list and 
        included in such term for purposes of this Act.
          (8) The term ``Council'' means any Regional Fishery 
        Management Council established under section 302.
          (9) The term ``economic discards'' means fish which 
        are the target of a fishery, but which are not retained 
        because they are of an undesirable size, sex, or 
        quality, or for other economic reasons.
          (10) The term ``essential fish habitat'' means those 
        waters and substrate necessary to fish for spawning, 
        breeding, feeding or growth to maturity.
          (11) The term ``exclusive economic zone'' means the 
        zone established by Proclamation Numbered 5030, dated 
        March 10, 1983. For purposes of applying this Act, the 
        inner boundary of that zone is a line coterminous with 
        the seaward boundary of each of the coastal States.
          (12) The term ``fish'' means finfish, mollusks, 
        crustaceans, and all other forms of marine animal and 
        plant life other than marine mammals and birds.
          (13) The term ``fishery'' means--
                  (A) one or more stocks of fish which can be 
                treated as a unit for purposes of conservation 
                and management and which are identified on the 
                basis of geographical, scientific, technical, 
                recreational, and economic characteristics; and
                  (B) any fishing for such stocks.
          (14) The term ``regional fishery association'' means 
        an association formed for the mutual benefit of 
        members--
                  (A) to meet social and economic needs in a 
                region or subregion; and
                  (B) comprised of persons engaging in the 
                harvest or processing of fishery resources in 
                that specific region or subregion or who 
                otherwise own or operate businesses 
                substantially dependent upon a fishery.
          (15) The term ``fishery resource'' means any fishery, 
        any stock of fish, any species of fish, and any habitat 
        of fish.
          (16) The term ``fishing'' means--
                  (A) the catching, taking, or harvesting of 
                fish;
                  (B) the attempted catching, taking, or 
                harvesting of fish;
                  (C) any other activity which can reasonably 
                be expected to result in the catching, taking, 
                or harvesting of fish; or
                  (D) any operations at sea in support of, or 
                in preparation for, any activity described in 
                subparagraphs (A) through (C).
        Such term does not include any scientific research 
        activity which is conducted by a scientific research 
        vessel.
          (17) The term ``fishing community'' means a community 
        which is substantially dependent on or substantially 
        engaged in the harvest or processing of fishery 
        resources to meet social and economic needs, and 
        includes fishing vessel owners, operators, and crew and 
        United States fish processors that are based in such 
        community.
          (18) The term ``fishing vessel'' means any vessel, 
        boat, ship, or other craft which is used for, equipped 
        to be used for, or of a type which is normally used 
        for--
                  (A) fishing; or
                  (B) aiding or assisting one or more vessels 
                at sea in the performance of any activity 
                relating to fishing, including, but not limited 
                to, preparation, supply, storage, 
                refrigeration, transportation, or processing.
          (19) The term ``foreign fishing'' means fishing by a 
        vessel other than a vessel of the United States.
          (20) The term ``high seas'' means all waters beyond 
        the territorial sea of the United States and beyond any 
        foreign nation's territorial sea, to the extent that 
        such sea is recognized by the United States.
          (21) The term ``highly migratory species'' means tuna 
        species, marlin (Tetrapturus spp. and Makaira spp.), 
        oceanic sharks, sailfishes (Istiophorus spp.), and 
        swordfish (Xiphias gladius).
          (22) The term ``import''--
                  (A) means to land on, bring into, or 
                introduce into, or attempt to land on, bring 
                into, or introduce into, any place subject to 
                the jurisdiction of the United States, whether 
                or not such landing, bringing, or introduction 
                constitutes an importation within the meaning 
                of the customs laws of the United States; but
                  (B) does not include any activity described 
                in subparagraph (A) with respect to fish caught 
                in the exclusive economic zone or by a vessel 
                of the United States.
          (23) The term ``individual fishing quota'' means a 
        Federal permit under a limited access system to harvest 
        a quantity of fish, expressed by a unit or units 
        representing a percentage of the total allowable catch 
        of a fishery that may be received or held for exclusive 
        use by a person. Such term does not include community 
        development quotas as described in section 305(i).
          (24) The term ``international fishery agreement'' 
        means any bilateral or multilateral treaty, convention, 
        or agreement which relates to fishing and to which the 
        United States is a party.
          (25) The term ``large-scale driftnet fishing'' means 
        a method of fishing in which a gillnet composed of a 
        panel or panels of webbing, or a series of such 
        gillnets, with a total length of two and one-half 
        kilometers or more is placed in the water and allowed 
        to drift with the currents and winds for the purpose of 
        entangling fish in the webbing.
          (26) The term ``limited access privilege''--
                  (A) means a Federal permit, issued as part of 
                a limited access system under section 303A to 
                harvest a quantity of fish expressed by a unit 
                or units representing a portion of the total 
                allowable catch of the fishery that may be 
                received or held for exclusive use by a person; 
                and
                  (B) includes an individual fishing quota; but
                  (C) does not include community development 
                quotas as described in section 305(i).
          (27) The term ``limited access system'' means a 
        system that limits participation in a fishery to those 
        satisfying certain eligibility criteria or requirements 
        contained in a fishery management plan or associated 
        regulation.
          (28) The term ``Marine Fisheries Commission'' means 
        the Atlantic States Marine Fisheries Commission, the 
        Gulf States Marine Fisheries Commission, or the Pacific 
        Marine Fisheries Commission.
          (29) The term ``migratory range'' means the maximum 
        area at a given time of the year within which fish of 
        an anadromous species or stock thereof can be expected 
        to be found, as determined on the basis of scale 
        pattern analysis, tagging studies, or other reliable 
        scientific information, except that the term does not 
        include any part of such area which is in the waters of 
        a foreign nation.
          (30) The term ``national standards'' means the 
        national standards for fishery conservation and 
        management set forth in section 301.
          (31) The term ``observer'' means any person required 
        or authorized to be carried on a vessel for 
        conservation and management purposes by regulations or 
        permits under this Act.
          (32) The term ``observer information'' means any 
        information collected, observed, retrieved, or created 
        by an observer or electronic monitoring system pursuant 
        to authorization by the Secretary, or collected as part 
        of a cooperative research initiative, including fish 
        harvest or processing observations, fish sampling or 
        weighing data, vessel logbook data, vessel or 
        processor-specific information (including any safety, 
        location, or operating condition observations), and 
        video, audio, photographic, or written documents.
          (33) The term ``optimum'', with respect to the yield 
        from a fishery, means the amount of fish which--
                  (A) will provide the greatest overall benefit 
                to the Nation, particularly with respect to 
                food production and recreational opportunities, 
                and taking into account the protection of 
                marine ecosystems;
                  (B) is prescribed on the basis of the maximum 
                sustainable yield from the fishery, as reduced 
                by any relevant social, economic, or ecological 
                factor; and
                  (C) in the case of an overfished fishery, 
                provides for rebuilding to a level consistent 
                with producing the maximum sustainable yield in 
                such fishery.
          (34) The terms ``overfishing'' and ``overfished'' 
        mean a rate or level of fishing mortality that 
        jeopardizes the capacity of a fishery to produce the 
        maximum sustainable yield on a continuing basis.
          (35) The term ``Pacific Insular Area'' means American 
        Samoa, Guam, the Northern Mariana Islands, Baker 
        Island, Howland Island, Jarvis Island, Johnston Atoll, 
        Kingman Reef, Midway Island, Wake Island, or Palmyra 
        Atoll, as applicable, and includes all islands and 
        reefs appurtenant to such island, reef, or atoll.
          (36) The term ``person'' means any individual 
        (whether or not a citizen or national of the United 
        States), any corporation, partnership, association, or 
        other entity (whether or not organized or existing 
        under the laws of any State), and any Federal, State, 
        local, or foreign government or any entity of any such 
        government.
          (37) The term ``recreational fishing'' means fishing 
        for sport or pleasure.
          (38) The term ``regulatory discards'' means fish 
        harvested in a fishery which fishermen are required by 
        regulation to discard whenever caught, or are required 
        by regulation to retain but not sell.
          (39) The term ``Secretary'' means the Secretary of 
        Commerce or his designee.
          (40) The term ``special areas'' means 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; in particular, the term 
        refers to those areas east of the maritime boundary, as 
        defined in that Agreement, that lie within 200 nautical 
        miles of the baselines from which the breadth of the 
        territorial sea of Russia is measured but beyond 200 
        nautical miles of the baselines from which the breadth 
        of the territorial sea of the United States is 
        measured.
          (41) The term ``special areas'' means 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. In particular, the term 
        refers to those areas east of the maritime boundary, as 
        defined in that Agreement, that lie within 200 nautical 
        miles of the baselines from which the breadth of the 
        territorial sea of Russia is measured but beyond 200 
        nautical miles of the baselines from which the breadth 
        of the territorial sea of the United States is 
        measured.
          (42) The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, American Samoa, the Virgin Islands, Guam, 
        and any other Commonwealth, territory, or possession of 
        the United States.
          (43) The term ``stock of fish'' means a species, 
        subspecies, geographical grouping, or other category of 
        fish capable of management as a unit.
          (44) The term ``treaty'' means any international 
        fishery agreement which is a treaty within the meaning 
        of section 2 of article II of the Constitution.
          (45) The term ``tuna species'' means the following:
                  Albacore Tuna--Thunnus alalunga;
                  Bigeye Tuna--Thunnus obesus;
                  Bluefin Tuna--Thunnus thynnus;
                  Skipjack Tuna--Katsuwonus pelamis; and
                  Yellowfin Tuna--Thunnus albacares.
          (46) The term ``United States'', when used in a 
        geographical context, means all the States thereof.
          (47) The term ``United States fish processors'' means 
        facilities located within the United States for, and 
        vessels of the United States used or equipped for, the 
        processing of fish for commercial use or consumption.
          (48) The term ``United States harvested fish'' means 
        fish caught, taken, or harvested by vessels of the 
        United States within any fishery for which a fishery 
        management plan prepared under title III or a 
        preliminary fishery management plan prepared under 
        section 201(h) has been implemented.
          (49) The term ``vessel subject to the jurisdiction of 
        the United States'' has the same meaning such term has 
        in section 3(c) of the Maritime Drug Law Enforcement 
        Act (46 U.S.C. App. 1903(c)).
          (50) The term ``vessel of the United States'' means--
                  (A) any vessel documented under chapter 121 
                of title 46, United States Code;
                  (B) any vessel numbered in accordance with 
                chapter 123 of title 46, United States Code, 
                and measuring less than 5 net tons;
                  (C) any vessel numbered in accordance with 
                chapter 123 of title 46, United States Code, 
                and used exclusively for pleasure; or
                  (D) any vessel not equipped with propulsion 
                machinery of any kind and used exclusively for 
                pleasure.
          (33) The term ``waters of a foreign nation'' means 
        any part of the territorial sea or exclusive economic 
        zone (or the equivalent) of a foreign nation, to the 
        extent such territorial sea or exclusive economic zone 
        is recognized by the United States.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 18, UNITED STATES CODE

PART I--CRIMES

           *       *       *       *       *       *       *


CHAPTER 97--RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS ON LAND, 
ON WATER, OR THROUGH THE AIR

           *       *       *       *       *       *       *


Sec. 1992. Terrorist attacks and other violence against railroad 
                    carriers and against mass transportation systems on 
                    land, on water, or through the air

  (a) General Prohibitions.--Whoever, in a circumstance 
described in subsection (c), knowingly and without lawful 
authority or permission--
          (1) wrecks, derails, sets fire to, or disables 
        railroad on-track equipment or a mass transportation 
        vehicle;
          (2) places any biological agent or toxin, destructive 
        substance, or destructive device in, upon, or near 
        railroad on- track equipment or a mass transportation 
        vehicle with intent to endanger the safety of any 
        person, or with a reckless disregard for the safety of 
        human life;
          (3) places or releases a hazardous material or a 
        biological agent or toxin on or near any property 
        described in subparagraph (A) or (B) of paragraph (4), 
        with intent to endanger the safety of any person, or 
        with reckless disregard for the safety of human life;
          (4) sets fire to, undermines, makes unworkable, 
        unusable, or hazardous to work on or use, or places any 
        biological agent or toxin, destructive substance, or 
        destructive device in, upon, or near any--
                  (A) tunnel, bridge, viaduct, trestle, track, 
                electromagnetic guideway, signal, station, 
                depot, warehouse, terminal, or any other way, 
                structure, property, or appurtenance used in 
                the operation of, or in support of the 
                operation of, a railroad carrier, and with 
                intent to, or knowing or having reason to know, 
                such activity would likely, derail, disable, or 
                wreck railroad on-track equipment; or
                  (B) garage, terminal, structure, track, 
                electromagnetic guideway, supply, or facility 
                used in the operation of, or in support of the 
                operation of, a mass transportation vehicle, 
                and with intent to, or knowing or having reason 
                to know, such activity would likely, derail, 
                disable, or wreck a mass transportation vehicle 
                used, operated, or employed by a mass 
                transportation provider;
          (5) removes an appurtenance from, damages, or 
        otherwise impairs the operation of a railroad signal 
        system or mass transportation signal or dispatching 
        system, including a train control system, centralized 
        dispatching system, or highway-railroad grade crossing 
        warning signal;
          (6) with intent to endanger the safety of any person, 
        or with a reckless disregard for the safety of human 
        life, interferes with, disables, or incapacitates any 
        dispatcher, driver, captain, locomotive engineer, 
        railroad conductor, or other person while the person is 
        employed in dispatching, operating, controlling, or 
        maintaining railroad on-track equipment or a mass 
        transportation vehicle;
          (7) commits an act, including the use of a dangerous 
        weapon, with the intent to cause death or serious 
        bodily injury to any person who is on property 
        described in subparagraph (A) or (B) of paragraph (4);
          (8) surveils, photographs, videotapes, diagrams, or 
        otherwise collects information with the intent to plan 
        or assist in planning any of the acts described in 
        paragraphs (1) through (6);
          (9) conveys false information, knowing the 
        information to be false, concerning an attempt or 
        alleged attempt to engage in a violation of this 
        subsection; or
          (10) attempts, threatens, or conspires to engage in 
        any violation of any of paragraphs (1) through (9), 
        shall be fined under this title or imprisoned not more 
        than 20 years, or both, and if the offense results in 
        the death of any person,
shall be imprisoned for any term of years or for life, or 
subject to death, except in the case of a violation of 
paragraph (8), (9), or (10).
  (b) Aggravated Offense.--Whoever commits an offense under 
subsection (a) of this section in a circumstance in which--
          (1) the railroad on-track equipment or mass 
        transportation vehicle was carrying a passenger or 
        employee at the time of the offense;
          (2) the railroad on-track equipment or mass 
        transportation vehicle was carrying high-level 
        radioactive waste or spent nuclear fuel at the time of 
        the offense; or
          (3) the offense was committed with the intent to 
        endanger the safety of any person, or with a reckless 
        disregard for the safety of any person, and the 
        railroad on-track equipment or mass transportation 
        vehicle was carrying a hazardous material at the time 
        of the offense that--
                  (A) was required to be placarded under 
                subpart F of part 172 of title 49, Code of 
                Federal Regulations; and
                  (B) is identified as class number 3, 4, 5, 
                6.1, or 8 and packing group I or packing group 
                II, or class number 1, 2, or 7 under the 
                hazardous materials table of section 172.101 of 
                title 49, Code of Federal Regulations,
shall be fined under this title or imprisoned for any term of 
years or life, or both, and if the offense resulted in the 
death of any person, the person may be sentenced to death.
  (c) Circumstances Required for Offense.--A circumstance 
referred to in subsection (a) is any of the following:
          (1) Any of the conduct required for the offense is, 
        or, in the case of an attempt, threat, or conspiracy to 
        engage in conduct, the conduct required for the 
        completed offense would be, engaged in, on, against, or 
        affecting a mass transportation provider, or a railroad 
        carrier engaged in interstate or foreign commerce.
          (2) Any person travels or communicates across a State 
        line in order to commit the offense, or transports 
        materials across a State line in aid of the commission 
        of the offense.
  (d) Definitions.--In this section--
          (1) the term ``biological agent'' has the meaning 
        given to that term in section 178(1);
          (2) the term ``dangerous weapon'' means a weapon, 
        device, instrument, material, or substance, animate or 
        inanimate, that is used for, or is readily capable of, 
        causing death or serious bodily injury, including a 
        pocket knife with a blade of less than 2\1/2\ inches in 
        length and a box cutter;
          (3) the term ``destructive device'' has the meaning 
        given to that term in section 921(a)(4);
          (4) the term ``destructive substance'' means an 
        explosive substance, flammable material, infernal 
        machine, or other chemical, mechanical, or radioactive 
        device or material, or matter of a combustible, 
        contaminative, corrosive, or explosive nature, except 
        that the term ``radioactive device'' does not include 
        any radioactive device or material used solely for 
        medical, industrial, research, or other peaceful 
        purposes;
          (5) the term ``hazardous material'' has the meaning 
        given to that term in chapter 51 of title 49;
          (6) the term ``high-level radioactive waste'' has the 
        meaning given to that term in section 2(12) of the 
        Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12));
          (7) the term ``mass transportation'' has the meaning 
        given to that term in section 5302(a)(7) of title 49, 
        except that the term includes intercity bus 
        transportation school bus, charter, and sightseeing 
        transportation and passenger vessel as that term is 
        defined in [section 2101(22)] section 2101(31) of title 
        46, United States Code;
          (8) the term ``on-track equipment'' means a carriage 
        or other contrivance that runs on rails or 
        electromagnetic guideways;
          (9) the term ``railroad on-track equipment'' means a 
        train, locomotive, tender, motor unit, freight or 
        passenger car, or other on-track equipment used, 
        operated, or employed by a railroad carrier;
          (10) the term ``railroad'' has the meaning given to 
        that term in chapter 201 of title 49;
          (11) the term ``railroad carrier'' has the meaning 
        given to that term in chapter 201 of title 49;
          (12) the term ``serious bodily injury'' has the 
        meaning given to that term in section 1365;
          (13) the term ``spent nuclear fuel'' has the meaning 
        given to that term in section 2(23) of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10101(23));
          (14) the term ``State'' has the meaning given to that 
        term in section 2266;
          (15) the term ``toxin'' has the meaning given to that 
        term in section 178(2); and
          (16) the term ``vehicle'' means any carriage or other 
        contrivance used, or capable of being used, as a means 
        of transportation on land, on water, or through the 
        air.

           *       *       *       *       *       *       *

                              ----------                              


                   FISHERMEN'S PROTECTIVE ACT OF 1967



           *       *       *       *       *       *       *
  Sec. 12. (a) If the Secretary of State finds that the 
government of any nation imposes conditions on the operation or 
transit of United States fishing vessels which the United 
States regards as being inconsistent with international law or 
an international agreement, the Secretary of State shall 
certify that fact to the President.
  (b) Upon receipt of a certification under subsection (a), the 
President shall direct the heads of Federal agencies to impose 
similar conditions on the operation or transit of fishing 
vessels registered under the laws of the nation which has 
imposed conditions on United States fishing vessels.
  (c) For the purposes of this section, the term ``fishing 
vessel'' has the meaning given that term in [section 2101(11a)] 
section 2101(12) of title 46, United States Code.
  (d) It is the sense of the Congress that any action taken by 
any Federal agency under subsection (b) should be commensurate 
with any conditions certified by the Secretary of State under 
subsection (a).
                              ----------                              


                  FEDERAL WATER POLLUTION CONTROL ACT



           *       *       *       *       *       *       *
TITLE III--STANDARDS AND ENFORCEMENT

           *       *       *       *       *       *       *


                 oil and hazardous substance liability

  Sec. 311. (a) 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, 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, and, 
        for the purposes of applying subsections (b), (c), (e), 
        and (o), any foreign offshore unit (as defined in 
        section 1001 of the Oil Pollution Act) or any other 
        facility located seaward of the exclusive economic 
        zone;
          (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;
          (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)] section 2101(23) of that title;
          (27) the term ``best available science'' means 
        science that--
                  (A) maximizes the quality, objectivity, and 
                integrity of information, including statistical 
                information;
                  (B) uses peer-reviewed and publicly available 
                data; and
                  (C) clearly documents and communicates risks 
                and uncertainties in the scientific basis for 
                such projects;
          (28) the term ``Chairperson'' means the Chairperson 
        of the Council;
          (29) the term ``coastal political subdivision'' means 
        any local political jurisdiction that is immediately 
        below the State level of government, including a 
        county, parish, or borough, with a coastline that is 
        contiguous with any portion of the United States Gulf 
        of Mexico;
          (30) the term ``Comprehensive Plan'' means the 
        comprehensive plan developed by the Council pursuant to 
        subsection (t);
          (31) the term ``Council'' means the Gulf Coast 
        Ecosystem Restoration Council established pursuant to 
        subsection (t);
          (32) the term ``Deepwater Horizon oil spill'' means 
        the blowout and explosion of the mobile offshore 
        drilling unit Deepwater Horizon that occurred on April 
        20, 2010, and resulting hydrocarbon releases into the 
        environment;
          (33) the term ``Gulf Coast region'' means--
                  (A) in the Gulf Coast States, the coastal 
                zones (as that term is defined in section 304 
                of the Coastal Zone Management Act of 1972 (16 
                U.S.C. 1453)), except that, in this section, 
                the term ``coastal zones'' includes land within 
                the coastal zones that is held in trust by, or 
                the use of which is by law subject solely to 
                the discretion of, the Federal Government or 
                officers or agents of the Federal Government)) 
                that border the Gulf of Mexico;
                  (B) any adjacent land, water, and watersheds, 
                that are within 25 miles of the coastal zones 
                described in subparagraph (A) of the Gulf Coast 
                States; and
                  (C) all Federal waters in the Gulf of Mexico;
          (34) the term ``Gulf Coast State'' means any of the 
        States of Alabama, Florida, Louisiana, Mississippi, and 
        Texas; and
          (35) the term ``Trust Fund'' means the Gulf Coast 
        Restoration Trust Fund established pursuant to section 
        1602 of the Resources and Ecosystems Sustainability, 
        Tourist Opportunities, and Revived Economies of the 
        Gulf Coast States Act of 2012.
  (b)(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 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 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 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 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, the 
                Secretary of Transportation, 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)(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, 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 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) 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, not withstanding 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, $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) 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) In any case where an owner or operator of a vessel or an 
onshore facility or an offshore facility from which oil or a 
hazardous substance is discharged in violation of subsection 
(b)(3) of this section acts to remove such oil or substance in 
accordance with regulations promulgated pursuant to this 
section, such owner or operator shall be entitled to recover 
the reasonable costs incurred in such removal upon 
establishing, in a suit which may be brought against the United 
States Government in the United States Claims Court, that such 
discharge was caused solely by (A) an act of God, (B) an act of 
war, (C) negligence on the part of the United States 
Government, or (D) an act or omission of a third party without 
regard to whether such act or omission was or was not 
negligent, or of any combination of the foregoing clauses.
  (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--
                  (i) personnel of Federal, State, and local 
                agencies; and
                  (ii) members of federally recognized Indian 
                tribes, where applicable.
          (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, local, and tribal 
                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, 
                including advance planning with respect to the 
                closing and reopening of fishing areas 
                following a discharge; and
                  (iii) work with State, local, and tribal 
                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, 
                Federal, State, and local agencies, and tribal 
                governments, 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 a framework for advance 
                planning and decisionmaking with respect to the 
                closing and reopening of fishing areas 
                following a discharge, including protocols and 
                standards for the closing and reopening of 
                fishing areas;
                  (viii) include any other information the 
                President requires; and
                  (ix) 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.
          (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.
  
  (l) 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, the Secretary of Transportation, 
                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, the Secretary of Transportation, 
                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, the Secretary of Transportation, 
                or the Secretary of the Department in which the 
                Coast Guard is operating or an authorized 
                representative of the Administrator, the 
                Secretary of Transportation, 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) The several district courts of the United States are 
invested with jurisdiction for any actions, other than actions 
pursuant to subsection (i)(1), 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)(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.
  (q) 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) 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) 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 except as provided in 
subsection (t).
  (t) Gulf Coast Restoration and Recovery.--
          (1) State allocation and expenditures.--
                  (A) In general.--Of the total amounts made 
                available in any fiscal year from the Trust 
                Fund, 35 percent shall be available, in 
                accordance with the requirements of this 
                section, to the Gulf Coast States in equal 
                shares for expenditure for ecological and 
                economic restoration of the Gulf Coast region 
                in accordance with this subsection.
                  (B) Use of funds.--
                          (i) Eligible activities in the gulf 
                        coast region.--Subject to clause (iii), 
                        amounts provided to the Gulf Coast 
                        States under this subsection may only 
                        be used to carry out 1 or more of the 
                        following activities in the Gulf Coast 
                        region:
                                  (I) Restoration and 
                                protection of the natural 
                                resources, ecosystems, 
                                fisheries, marine and wildlife 
                                habitats, beaches, and coastal 
                                wetlands of the Gulf Coast 
                                region.
                                  (II) Mitigation of damage to 
                                fish, wildlife, and natural 
                                resources.
                                  (III) Implementation of a 
                                federally approved marine, 
                                coastal, or comprehensive 
                                conservation management plan, 
                                including fisheries monitoring.
                                  (IV) Workforce development 
                                and job creation.
                                  (V) Improvements to or on 
                                State parks located in coastal 
                                areas affected by the Deepwater 
                                Horizon oil spill.
                                  (VI) Infrastructure projects 
                                benefitting the economy or 
                                ecological resources, including 
                                port infrastructure.
                                  (VII) Coastal flood 
                                protection and related 
                                infrastructure.
                                  (VIII) Planning assistance.
                                  (IX) Administrative costs of 
                                complying with this subsection.
                          (ii) Activities to promote tourism 
                        and seafood in the gulf coast region.--
                        Amounts provided to the Gulf Coast 
                        States under this subsection may be 
                        used to carry out 1 or more of the 
                        following activities:
                                  (I) Promotion of tourism in 
                                the Gulf Coast Region, 
                                including recreational fishing.
                                  (II) Promotion of the 
                                consumption of seafood 
                                harvested from the Gulf Coast 
                                Region.
                          (iii) Limitation.--
                                  (I) In general.--Of the 
                                amounts received by a Gulf 
                                Coast State under this 
                                subsection, not more than 3 
                                percent may be used for 
                                administrative costs eligible 
                                under clause (i)(IX).
                                  (II) Claims for 
                                compensation.--Activities 
                                funded under this subsection 
                                may not be included in any 
                                claim for compensation paid out 
                                by the Oil Spill Liability 
                                Trust Fund after the date of 
                                enactment of this subsection.
                  (C) Coastal political subdivisions.--
                          (i) Distribution.--In the case of a 
                        State where the coastal zone includes 
                        the entire State--
                                  (I) 75 percent of funding 
                                shall be provided directly to 
                                the 8 disproportionately 
                                affected counties impacted by 
                                the Deepwater Horizon oil 
                                spill; and
                                  (II) 25 percent shall be 
                                provided directly to 
                                nondisproportionately impacted 
                                counties within the State.
                          (ii) Nondisproportionately impacted 
                        counties.--The total amounts made 
                        available to coastal political 
                        subdivisions in the State of Florida 
                        under clause (i)(II) shall be 
                        distributed according to the following 
                        weighted formula:
                                  (I) 34 percent based on the 
                                weighted average of the 
                                population of the county.
                                  (II) 33 percent based on the 
                                weighted average of the county 
                                per capita sales tax 
                                collections estimated for 
                                fiscal year 2012.
                                  (III) 33 percent based on the 
                                inverse proportion of the 
                                weighted average distance from 
                                the Deepwater Horizon oil rig 
                                to each of the nearest and 
                                farthest points of the 
                                shoreline.
                  (D) Louisiana.--
                          (i) In general.--Of the total amounts 
                        made available to the State of 
                        Louisiana under this paragraph:
                                  (I) 70 percent shall be 
                                provided directly to the State 
                                in accordance with this 
                                subsection.
                                  (II) 30 percent shall be 
                                provided directly to parishes 
                                in the coastal zone (as defined 
                                in section 304 of the Coastal 
                                Zone Management Act of 1972 (16 
                                U.S.C. 1453)) of the State of 
                                Louisiana according to the 
                                following weighted formula:
                                          (aa) 40 percent based 
                                        on the weighted average 
                                        of miles of the parish 
                                        shoreline oiled.
                                          (bb) 40 percent based 
                                        on the weighted average 
                                        of the population of 
                                        the parish.
                                          (cc) 20 percent based 
                                        on the weighted average 
                                        of the land mass of the 
                                        parish.
                          (ii) Conditions.--
                                  (I) Land use plan.--As a 
                                condition of receiving amounts 
                                allocated under this paragraph, 
                                the chief executive of the 
                                eligible parish shall certify 
                                to the Governor of the State 
                                that the parish has completed a 
                                comprehensive land use plan.
                                  (II) Other conditions.--A 
                                coastal political subdivision 
                                receiving funding under this 
                                paragraph shall meet all of the 
                                conditions in subparagraph (E).
                  (E) Conditions.--As a condition of receiving 
                amounts from the Trust Fund, a Gulf Coast 
                State, including the entities described in 
                subparagraph (F), or a coastal political 
                subdivision shall--
                          (i) agree to meet such conditions, 
                        including audit requirements, as the 
                        Secretary of the Treasury determines 
                        necessary to ensure that amounts 
                        disbursed from the Trust Fund will be 
                        used in accordance with this 
                        subsection;
                          (ii) certify in such form and in such 
                        manner as the Secretary of the Treasury 
                        determines necessary that the project 
                        or program for which the Gulf Coast 
                        State or coastal political subdivision 
                        is requesting amounts--
                                  (I) is designed to restore 
                                and protect the natural 
                                resources, ecosystems, 
                                fisheries, marine and wildlife 
                                habitats, beaches, coastal 
                                wetlands, or economy of the 
                                Gulf Coast;
                                  (II) carries out 1 or more of 
                                the activities described in 
                                clauses (i) and (ii) of 
                                subparagraph (B);
                                  (III) was selected based on 
                                meaningful input from the 
                                public, including broad-based 
                                participation from individuals, 
                                businesses, and nonprofit 
                                organizations; and
                                  (IV) in the case of a natural 
                                resource protection or 
                                restoration project, is based 
                                on the best available science;
                          (iii) certify that the project or 
                        program and the awarding of a contract 
                        for the expenditure of amounts received 
                        under this paragraph are consistent 
                        with the standard procurement rules and 
                        regulations governing a comparable 
                        project or program in that State, 
                        including all applicable competitive 
                        bidding and audit requirements; and
                          (iv) develop and submit a multiyear 
                        implementation plan for the use of such 
                        amounts, which may include milestones, 
                        projected completion of each activity, 
                        and a mechanism to evaluate the success 
                        of each activity in helping to restore 
                        and protect the Gulf Coast region 
                        impacted by the Deepwater Horizon oil 
                        spill.
                  (F) Approval by state entity, task force, or 
                agency.--The following Gulf Coast State 
                entities, task forces, or agencies shall carry 
                out the duties of a Gulf Coast State pursuant 
                to this paragraph:
                          (i) Alabama.--
                                  (I) In general.--In the State 
                                of Alabama, the Alabama Gulf 
                                Coast Recovery Council, which 
                                shall be comprised of only the 
                                following:
                                          (aa) The Governor of 
                                        Alabama, who shall also 
                                        serve as Chairperson 
                                        and preside over the 
                                        meetings of the Alabama 
                                        Gulf Coast Recovery 
                                        Council.
                                          (bb) The Director of 
                                        the Alabama State Port 
                                        Authority, who shall 
                                        also serve as Vice 
                                        Chairperson and preside 
                                        over the meetings of 
                                        the Alabama Gulf Coast 
                                        Recovery Council in the 
                                        absence of the 
                                        Chairperson.
                                          (cc) The Chairman of 
                                        the Baldwin County 
                                        Commission.
                                          (dd) The President of 
                                        the Mobile County 
                                        Commission.
                                          (ee) The Mayor of the 
                                        city of Bayou La Batre.
                                          (ff) The Mayor of the 
                                        town of Dauphin Island.
                                          (gg) The Mayor of the 
                                        city of Fairhope.
                                          (hh) The Mayor of the 
                                        city of Gulf Shores.
                                          (ii) The Mayor of the 
                                        city of Mobile.
                                          (jj) The Mayor of the 
                                        city of Orange Beach.
                                  (II) Vote.--Each member of 
                                the Alabama Gulf Coast Recovery 
                                Council shall be entitled to 1 
                                vote.
                                  (III) Majority vote.--All 
                                decisions of the Alabama Gulf 
                                Coast Recovery Council shall be 
                                made by majority vote.
                                  (IV) Limitation on 
                                administrative expenses.--
                                Administrative duties for the 
                                Alabama Gulf Coast Recovery 
                                Council may only be performed 
                                by public officials and 
                                employees that are subject to 
                                the ethics laws of the State of 
                                Alabama.
                          (ii) Louisiana.--In the State of 
                        Louisiana, the Coastal Protection and 
                        Restoration Authority of Louisiana.
                          (iii) Mississippi.--In the State of 
                        Mississippi, the Mississippi Department 
                        of Environmental Quality.
                          (iv) Texas.--In the State of Texas, 
                        the Office of the Governor or an 
                        appointee of the Office of the 
                        Governor.
                  (G) Compliance with eligible activities.--If 
                the Secretary of the Treasury determines that 
                an expenditure by a Gulf Coast State or coastal 
                political subdivision of amounts made available 
                under this subsection does not meet one of the 
                activities described in clauses (i) and (ii) of 
                subparagraph (B), the Secretary shall make no 
                additional amounts from the Trust Fund 
                available to that Gulf Coast State or coastal 
                political subdivision until such time as an 
                amount equal to the amount expended for the 
                unauthorized use--
                          (i) has been deposited by the Gulf 
                        Coast State or coastal political 
                        subdivision in the Trust Fund; or
                          (ii) has been authorized by the 
                        Secretary of the Treasury for 
                        expenditure by the Gulf Coast State or 
                        coastal political subdivision for a 
                        project or program that meets the 
                        requirements of this subsection.
                  (H) Compliance with conditions.--If the 
                Secretary of the Treasury determines that a 
                Gulf Coast State or coastal political 
                subdivision does not meet the requirements of 
                this paragraph, including the conditions of 
                subparagraph (E), where applicable, the 
                Secretary of the Treasury shall make no amounts 
                from the Trust Fund available to that Gulf 
                Coast State or coastal political subdivision 
                until all conditions of this paragraph are met.
                  (I) Public input.--In meeting any condition 
                of this paragraph, a Gulf Coast State may use 
                an appropriate procedure for public 
                consultation in that Gulf Coast State, 
                including consulting with one or more 
                established task forces or other entities, to 
                develop recommendations for proposed projects 
                and programs that would restore and protect the 
                natural resources, ecosystems, fisheries, 
                marine and wildlife habitats, beaches, coastal 
                wetlands, and economy of the Gulf Coast.
                  (J) Previously approved projects and 
                programs.--A Gulf Coast State or coastal 
                political subdivision shall be considered to 
                have met the conditions of subparagraph (E) for 
                a specific project or program if, before the 
                date of enactment of the Resources and 
                Ecosystems Sustainability, Tourist 
                Opportunities, and Revived Economies of the 
                Gulf Coast States Act of 2012--
                          (i) the Gulf Coast State or coastal 
                        political subdivision has established 
                        conditions for carrying out projects 
                        and programs that are substantively the 
                        same as the conditions described in 
                        subparagraph (E); and
                          (ii) the applicable project or 
                        program carries out 1 or more of the 
                        activities described in clauses (i) and 
                        (ii) of subparagraph (B).
                  (K) Local preference.--In awarding contracts 
                to carry out a project or program under this 
                paragraph, a Gulf Coast State or coastal 
                political subdivision may give a preference to 
                individuals and companies that reside in, are 
                headquartered in, or are principally engaged in 
                business in the State of project execution.
                  (L) Unused funds.--Funds allocated to a State 
                or coastal political subdivision under this 
                paragraph shall remain in the Trust Fund until 
                such time as the State or coastal political 
                subdivision develops and submits a plan 
                identifying uses for those funds in accordance 
                with subparagraph (E)(iv).
                  (M) Judicial review.--If the Secretary of the 
                Treasury determines that a Gulf Coast State or 
                coastal political subdivision does not meet the 
                requirements of this paragraph, including the 
                conditions of subparagraph (E), the Gulf Coast 
                State or coastal political subdivision may 
                obtain expedited judicial review within 90 days 
                after that decision in a district court of the 
                United States, of appropriate jurisdiction and 
                venue, that is located within the State seeking 
                the review.
                  (N) Cost-sharing.--
                          (i) In general.--A Gulf Coast State 
                        or coastal political subdivision may 
                        use, in whole or in part, amounts made 
                        available under this paragraph to that 
                        Gulf Coast State or coastal political 
                        subdivision to satisfy the non-Federal 
                        share of the cost of any project or 
                        program authorized by Federal law that 
                        is an eligible activity described in 
                        clauses (i) and (ii) of subparagraph 
                        (B).
                          (ii) Effect on other funds.--The use 
                        of funds made available from the Trust 
                        Fund to satisfy the non-Federal share 
                        of the cost of a project or program 
                        that meets the requirements of clause 
                        (i) shall not affect the priority in 
                        which other Federal funds are allocated 
                        or awarded.
          (2) Council establishment and allocation.--
                  (A) In general.--Of the total amount made 
                available in any fiscal year from the Trust 
                Fund, 30 percent shall be disbursed to the 
                Council to carry out the Comprehensive Plan.
                  (B) Council expenditures.--
                          (i) In general.--In accordance with 
                        this paragraph, the Council shall 
                        expend funds made available from the 
                        Trust Fund to undertake projects and 
                        programs, using the best available 
                        science, that would restore and protect 
                        the natural resources, ecosystems, 
                        fisheries, marine and wildlife 
                        habitats, beaches, coastal wetlands, 
                        and economy of the Gulf Coast.
                          (ii) Allocation and expenditure 
                        procedures.--The Secretary of the 
                        Treasury shall develop such conditions, 
                        including audit requirements, as the 
                        Secretary of the Treasury determines 
                        necessary to ensure that amounts 
                        disbursed from the Trust Fund to the 
                        Council to implement the Comprehensive 
                        Plan will be used in accordance with 
                        this paragraph.
                          (iii) Administrative expenses.--Of 
                        the amounts received by the Council 
                        under this paragraph, not more than 3 
                        percent may be used for administrative 
                        expenses, including staff.
                  (C) Gulf coast ecosystem restoration 
                council.--
                          (i) Establishment.--There is 
                        established as an independent entity in 
                        the Federal Government a council to be 
                        known as the ``Gulf Coast Ecosystem 
                        Restoration Council''.
                          (ii) Membership.--The Council shall 
                        consist of the following members, or in 
                        the case of a Federal agency, a 
                        designee at the level of the Assistant 
                        Secretary or the equivalent:
                                  (I) The Secretary of the 
                                Interior.
                                  (II) The Secretary of the 
                                Army.
                                  (III) The Secretary of 
                                Commerce.
                                  (IV) The Administrator of the 
                                Environmental Protection 
                                Agency.
                                  (V) The Secretary of 
                                Agriculture.
                                  (VI) The head of the 
                                department in which the Coast 
                                Guard is operating.
                                  (VII) The Governor of the 
                                State of Alabama.
                                  (VIII) The Governor of the 
                                State of Florida.
                                  (IX) The Governor of the 
                                State of Louisiana.
                                  (X) The Governor of the State 
                                of Mississippi.
                                  (XI) The Governor of the 
                                State of Texas.
                          (iii) Alternate.--A Governor 
                        appointed to the Council by the 
                        President may designate an alternate to 
                        represent the Governor on the Council 
                        and vote on behalf of the Governor.
                          (iv) Chairperson.--From among the 
                        Federal agency members of the Council, 
                        the representatives of States on the 
                        Council shall select, and the President 
                        shall appoint, 1 Federal member to 
                        serve as Chairperson of the Council.
                          (v) Presidential appointment.--All 
                        Council members shall be appointed by 
                        the President.
                          (vi) Council actions.--
                                  (I) In general.--The 
                                following actions by the 
                                Council shall require the 
                                affirmative vote of the 
                                Chairperson and a majority of 
                                the State members to be 
                                effective:
                                          (aa) Approval of a 
                                        Comprehensive Plan and 
                                        future revisions to a 
                                        Comprehensive Plan.
                                          (bb) Approval of 
                                        State plans pursuant to 
                                        paragraph (3)(B)(iv).
                                          (cc) Approval of 
                                        reports to Congress 
                                        pursuant to clause 
                                        (vii)(VII).
                                          (dd) Approval of 
                                        transfers pursuant to 
                                        subparagraph 
                                        (E)(ii)(I).
                                          (ee) Other 
                                        significant actions 
                                        determined by the 
                                        Council.
                                  (II) Quorum.--A majority of 
                                State members shall be required 
                                to be present for the Council 
                                to take any significant action.
                                  (III) Affirmative vote 
                                requirement considered met.--
                                For approval of State plans 
                                pursuant to paragraph 
                                (3)(B)(iv), the certification 
                                by a State member of the 
                                Council that the plan satisfies 
                                all requirements of clauses (i) 
                                and (ii) of paragraph (3)(B), 
                                when joined by an affirmative 
                                vote of the Federal Chairperson 
                                of the Council, shall be 
                                considered to satisfy the 
                                requirements for affirmative 
                                votes under subclause (I).
                                  (IV) Public transparency.--
                                Appropriate actions of the 
                                Council, including significant 
                                actions and associated 
                                deliberations, shall be made 
                                available to the public via 
                                electronic means prior to any 
                                vote.
                          (vii) Duties of council.--The Council 
                        shall--
                                  (I) develop the Comprehensive 
                                Plan and future revisions to 
                                the Comprehensive Plan;
                                  (II) identify as soon as 
                                practicable the projects that--
                                          (aa) have been 
                                        authorized prior to the 
                                        date of enactment of 
                                        this subsection but not 
                                        yet commenced; and
                                          (bb) if implemented 
                                        quickly, would restore 
                                        and protect the natural 
                                        resources, ecosystems, 
                                        fisheries, marine and 
                                        wildlife habitats, 
                                        beaches, barrier 
                                        islands, dunes, and 
                                        coastal wetlands of the 
                                        Gulf Coast region;
                                  (III) establish such other 1 
                                or more advisory committees as 
                                may be necessary to assist the 
                                Council, including a scientific 
                                advisory committee and a 
                                committee to advise the Council 
                                on public policy issues;
                                  (IV) collect and consider 
                                scientific and other research 
                                associated with restoration of 
                                the Gulf Coast ecosystem, 
                                including research, 
                                observation, and monitoring 
                                carried out pursuant to 
                                sections 1604 and 1605 of the 
                                Resources and Ecosystems 
                                Sustainability, Tourist 
                                Opportunities, and Revived 
                                Economies of the Gulf Coast 
                                States Act of 2012;
                                  (V) develop standard terms to 
                                include in contracts for 
                                projects and programs awarded 
                                pursuant to the Comprehensive 
                                Plan that provide a preference 
                                to individuals and companies 
                                that reside in, are 
                                headquartered in, or are 
                                principally engaged in business 
                                in a Gulf Coast State;
                                  (VI) prepare an integrated 
                                financial plan and 
                                recommendations for coordinated 
                                budget requests for the amounts 
                                proposed to be expended by the 
                                Federal agencies represented on 
                                the Council for projects and 
                                programs in the Gulf Coast 
                                States; and
                                  (VII) submit to Congress an 
                                annual report that--
                                          (aa) summarizes the 
                                        policies, strategies, 
                                        plans, and activities 
                                        for addressing the 
                                        restoration and 
                                        protection of the Gulf 
                                        Coast region;
                                          (bb) describes the 
                                        projects and programs 
                                        being implemented to 
                                        restore and protect the 
                                        Gulf Coast region, 
                                        including--
                                                  (AA) a list 
                                                of each project 
                                                and program;
                                                  (BB) an 
                                                identification 
                                                of the funding 
                                                provided to 
                                                projects and 
                                                programs 
                                                identified in 
                                                subitem (AA);
                                                  (CC) an 
                                                identification 
                                                of each 
                                                recipient for 
                                                funding 
                                                identified in 
                                                subitem (BB); 
                                                and
                                                  (DD) a 
                                                description of 
                                                the length of 
                                                time and 
                                                funding needed 
                                                to complete the 
                                                objectives of 
                                                each project 
                                                and program 
                                                identified in 
                                                subitem (AA);
                                          (cc) makes such 
                                        recommendations to 
                                        Congress for 
                                        modifications of 
                                        existing laws as the 
                                        Council determines 
                                        necessary to implement 
                                        the Comprehensive Plan;
                                          (dd) reports on the 
                                        progress on 
                                        implementation of each 
                                        project or program--
                                                  (AA) after 3 
                                                years of 
                                                ongoing 
                                                activity of the 
                                                project or 
                                                program, if 
                                                applicable; and
                                                  (BB) on 
                                                completion of 
                                                the project or 
                                                program;
                                          (ee) includes the 
                                        information required to 
                                        be submitted under 
                                        section 1605(c)(4) of 
                                        the Resources and 
                                        Ecosystems 
                                        Sustainability, Tourist 
                                        Opportunities, and 
                                        Revived Economies of 
                                        the Gulf Coast States 
                                        Act of 2012; and
                                          (ff) submits the 
                                        reports required under 
                                        item (dd) to--
                                                  (AA) the 
                                                Committee on 
                                                Science, Space, 
                                                and Technology, 
                                                the Committee 
                                                on Natural 
                                                Resources, the 
                                                Committee on 
                                                Transportation 
                                                and 
                                                Infrastructure, 
                                                and the 
                                                Committee on 
                                                Appropriations 
                                                of the House of 
                                                Representatives;
                                                 and
                                                  (BB) the 
                                                Committee on 
                                                Environment and 
                                                Public Works, 
                                                the Committee 
                                                on Commerce, 
                                                Science, and 
                                                Transportation, 
                                                the Committee 
                                                on Energy and 
                                                Natural 
                                                Resources, and 
                                                the Committee 
                                                on 
                                                Appropriations 
                                                of the Senate.
                          (viii) Application of federal 
                        advisory committee act.--The Council, 
                        or any other advisory committee 
                        established under this subparagraph, 
                        shall not be considered an advisory 
                        committee under the Federal Advisory 
                        Committee Act (5 U.S.C. App.).
                          (ix) Sunset.--The authority for the 
                        Council, and any other advisory 
                        committee established under this 
                        subparagraph, shall terminate on the 
                        date all funds in the Trust Fund have 
                        been expended.
                  (D) Comprehensive plan.--
                          (i) Proposed plan.--
                                  (I) In general.--Not later 
                                than 180 days after the date of 
                                enactment of the Resources and 
                                Ecosystems Sustainability, 
                                Tourist Opportunities, and 
                                Revived Economies of the Gulf 
                                Coast States Act of 2012, the 
                                Chairperson, on behalf of the 
                                Council and after appropriate 
                                public input, review, and 
                                comment, shall publish a 
                                proposed plan to restore and 
                                protect the natural resources, 
                                ecosystems, fisheries, marine 
                                and wildlife habitats, beaches, 
                                and coastal wetlands of the 
                                Gulf Coast region.
                                  (II) Inclusions.--The 
                                proposed plan described in 
                                subclause (I) shall include and 
                                incorporate the findings and 
                                information prepared by the 
                                President's Gulf Coast 
                                Restoration Task Force.
                          (ii) Publication.--
                                  (I) Initial plan.--Not later 
                                than 1 year after the date of 
                                enactment of the Resources and 
                                Ecosystems Sustainability, 
                                Tourist Opportunities, and 
                                Revived Economies of the Gulf 
                                Coast States Act of 2012 and 
                                after notice and opportunity 
                                for public comment, the 
                                Chairperson, on behalf of the 
                                Council and after approval by 
                                the Council, shall publish in 
                                the Federal Register the 
                                initial Comprehensive Plan to 
                                restore and protect the natural 
                                resources, ecosystems, 
                                fisheries, marine and wildlife 
                                habitats, beaches, and coastal 
                                wetlands of the Gulf Coast 
                                region.
                                  (II) Cooperation with gulf 
                                coast restoration task force.--
                                The Council shall develop the 
                                initial Comprehensive Plan in 
                                close coordination with the 
                                President's Gulf Coast 
                                Restoration Task Force.
                                  (III) Considerations.--In 
                                developing the initial 
                                Comprehensive Plan and 
                                subsequent updates, the Council 
                                shall consider all relevant 
                                findings, reports, or research 
                                prepared or funded under 
                                section 1604 or 1605 of the 
                                Resources and Ecosystems 
                                Sustainability, Tourist 
                                Opportunities, and Revived 
                                Economies of the Gulf Coast 
                                States Act of 2012.
                                  (IV) Contents.--The initial 
                                Comprehensive Plan shall 
                                include--
                                          (aa) such provisions 
                                        as are necessary to 
                                        fully incorporate in 
                                        the Comprehensive Plan 
                                        the strategy, projects, 
                                        and programs 
                                        recommended by the 
                                        President's Gulf Coast 
                                        Restoration Task Force;
                                          (bb) a list of any 
                                        project or program 
                                        authorized prior to the 
                                        date of enactment of 
                                        this subsection but not 
                                        yet commenced, the 
                                        completion of which 
                                        would further the 
                                        purposes and goals of 
                                        this subsection and of 
                                        the Resources and 
                                        Ecosystems 
                                        Sustainability, Tourist 
                                        Opportunities, and 
                                        Revived Economies of 
                                        the Gulf Coast States 
                                        Act of 2012;
                                          (cc) a description of 
                                        the manner in which 
                                        amounts from the Trust 
                                        Fund projected to be 
                                        made available to the 
                                        Council for the 
                                        succeeding 10 years 
                                        will be allocated; and
                                          (dd) subject to 
                                        available funding in 
                                        accordance with clause 
                                        (iii), a prioritized 
                                        list of specific 
                                        projects and programs 
                                        to be funded and 
                                        carried out during the 
                                        3-year period 
                                        immediately following 
                                        the date of publication 
                                        of the initial 
                                        Comprehensive Plan, 
                                        including a table that 
                                        illustrates the 
                                        distribution of 
                                        projects and programs 
                                        by the Gulf Coast 
                                        State.
                                  (V) Plan updates.--The 
                                Council shall update--
                                          (aa) the 
                                        Comprehensive Plan 
                                        every 5 years in a 
                                        manner comparable to 
                                        the manner established 
                                        in this subparagraph 
                                        for each 5-year period 
                                        for which amounts are 
                                        expected to be made 
                                        available to the Gulf 
                                        Coast States from the 
                                        Trust Fund; and
                                          (bb) the 3-year list 
                                        of projects and 
                                        programs described in 
                                        subclause (IV)(dd) 
                                        annually.
                          (iii) Restoration priorities.--Except 
                        for projects and programs described in 
                        clause (ii)(IV)(bb), in selecting 
                        projects and programs to include on the 
                        3-year list described in clause 
                        (ii)(IV)(dd), based on the best 
                        available science, the Council shall 
                        give highest priority to projects that 
                        address 1 or more of the following 
                        criteria:
                                  (I) Projects that are 
                                projected to make the greatest 
                                contribution to restoring and 
                                protecting the natural 
                                resources, ecosystems, 
                                fisheries, marine and wildlife 
                                habitats, beaches, and coastal 
                                wetlands of the Gulf Coast 
                                region, without regard to 
                                geographic location within the 
                                Gulf Coast region.
                                  (II) Large-scale projects and 
                                programs that are projected to 
                                substantially contribute to 
                                restoring and protecting the 
                                natural resources, ecosystems, 
                                fisheries, marine and wildlife 
                                habitats, beaches, and coastal 
                                wetlands of the Gulf Coast 
                                ecosystem.
                                  (III) Projects contained in 
                                existing Gulf Coast State 
                                comprehensive plans for the 
                                restoration and protection of 
                                natural resources, ecosystems, 
                                fisheries, marine and wildlife 
                                habitats, beaches, and coastal 
                                wetlands of the Gulf Coast 
                                region.
                                  (IV) Projects that restore 
                                long-term resiliency of the 
                                natural resources, ecosystems, 
                                fisheries, marine and wildlife 
                                habitats, beaches, and coastal 
                                wetlands most impacted by the 
                                Deepwater Horizon oil spill.
                  (E) Implementation.--
                          (i) In general.--The Council, acting 
                        through the Federal agencies 
                        represented on the Council and Gulf 
                        Coast States, shall expend funds made 
                        available from the Trust Fund to carry 
                        out projects and programs adopted in 
                        the Comprehensive Plan.
                          (ii) Administrative responsibility.--
                                  (I) In general.--Primary 
                                authority and responsibility 
                                for each project and program 
                                included in the Comprehensive 
                                Plan shall be assigned by the 
                                Council to a Gulf Coast State 
                                represented on the Council or a 
                                Federal agency.
                                  (II) Transfer of amounts.--
                                Amounts necessary to carry out 
                                each project or program 
                                included in the Comprehensive 
                                Plan shall be transferred by 
                                the Secretary of the Treasury 
                                from the Trust Fund to that 
                                Federal agency or Gulf Coast 
                                State as the project or program 
                                is implemented, subject to such 
                                conditions as the Secretary of 
                                the Treasury, in consultation 
                                with the Secretary of the 
                                Interior and the Secretary of 
                                Commerce, established pursuant 
                                to section 1602 of the 
                                Resources and Ecosystems 
                                Sustainability, Tourist 
                                Opportunities, and Revived 
                                Economies of the Gulf Coast 
                                States Act of 2012.
                                  (III) Limitation on 
                                transfers.--
                                          (aa) Grants to 
                                        nongovernmental 
                                        entities.--In the case 
                                        of funds transferred to 
                                        a Federal or State 
                                        agency under subclause 
                                        (II), the agency shall 
                                        not make 1 or more 
                                        grants or cooperative 
                                        agreements to a 
                                        nongovernmental entity 
                                        if the total amount 
                                        provided to the entity 
                                        would equal or exceed 
                                        10 percent of the total 
                                        amount provided to the 
                                        agency for that 
                                        particular project or 
                                        program, unless the 1 
                                        or more grants have 
                                        been reported in 
                                        accordance with item 
                                        (bb).
                                          (bb) Reporting of 
                                        grantees.--At least 30 
                                        days prior to making a 
                                        grant or entering into 
                                        a cooperative agreement 
                                        described in item (aa), 
                                        the name of each 
                                        grantee, including the 
                                        amount and purpose of 
                                        each grant or 
                                        cooperative agreement, 
                                        shall be published in 
                                        the Federal Register 
                                        and delivered to the 
                                        congressional 
                                        committees listed in 
                                        subparagraph 
                                        (C)(vii)(VII)(ff).
                                          (cc) Annual reporting 
                                        of grantees.--Annually, 
                                        the name of each 
                                        grantee, including the 
                                        amount and purposes of 
                                        each grant or 
                                        cooperative agreement, 
                                        shall be published in 
                                        the Federal Register 
                                        and delivered to 
                                        Congress as part of the 
                                        report submitted 
                                        pursuant to 
                                        subparagraph 
                                        (C)(vii)(VII).
                                  (IV) Project and program 
                                limitation.--The Council, a 
                                Federal agency, or a State may 
                                not carry out a project or 
                                program funded under this 
                                paragraph outside of the Gulf 
                                Coast region.
                  (F) Coordination.--The Council and the 
                Federal members of the Council may develop 
                memoranda of understanding establishing 
                integrated funding and implementation plans 
                among the member agencies and authorities.
          (3) Oil spill restoration impact allocation.--
                  (A) In general.--
                          (i) Disbursement.--Of the total 
                        amount made available from the Trust 
                        Fund, 30 percent shall be disbursed 
                        pursuant to the formula in clause (ii) 
                        to the Gulf Coast States on the 
                        approval of the plan described in 
                        subparagraph (B)(i).
                          (ii) Formula.--Subject to 
                        subparagraph (B), for each Gulf Coast 
                        State, the amount disbursed under this 
                        paragraph shall be based on a formula 
                        established by the Council by 
                        regulation that is based on a weighted 
                        average of the following criteria:
                                  (I) 40 percent based on the 
                                proportionate number of miles 
                                of shoreline in each Gulf Coast 
                                State that experienced oiling 
                                on or before April 10, 2011, 
                                compared to the total number of 
                                miles of shoreline that 
                                experienced oiling as a result 
                                of the Deepwater Horizon oil 
                                spill.
                                  (II) 40 percent based on the 
                                inverse proportion of the 
                                average distance from the 
                                mobile offshore drilling unit 
                                Deepwater Horizon at the time 
                                of the explosion to the nearest 
                                and farthest point of the 
                                shoreline that experienced 
                                oiling of each Gulf Coast 
                                State.
                                  (III) 20 percent based on the 
                                average population in the 2010 
                                decennial census of coastal 
                                counties bordering the Gulf of 
                                Mexico within each Gulf Coast 
                                State.
                          (iii) Minimum allocation.--The amount 
                        disbursed to a Gulf Coast State for 
                        each fiscal year under clause (ii) 
                        shall be at least 5 percent of the 
                        total amounts made available under this 
                        paragraph.
                  (B) Disbursement of funds.--
                          (i) In general.--The Council shall 
                        disburse amounts to the respective Gulf 
                        Coast States in accordance with the 
                        formula developed under subparagraph 
                        (A) for projects, programs, and 
                        activities that will improve the 
                        ecosystems or economy of the Gulf Coast 
                        region, subject to the condition that 
                        each Gulf Coast State submits a plan 
                        for the expenditure of amounts 
                        disbursed under this paragraph that 
                        meets the following criteria:
                                  (I) All projects, programs, 
                                and activities included in the 
                                plan are eligible activities 
                                pursuant to clauses (i) and 
                                (ii) of paragraph (1)(B).
                                  (II) The projects, programs, 
                                and activities included in the 
                                plan contribute to the overall 
                                economic and ecological 
                                recovery of the Gulf Coast.
                                  (III) The plan takes into 
                                consideration the Comprehensive 
                                Plan and is consistent with the 
                                goals and objectives of the 
                                Plan, as described in paragraph 
                                (2)(B)(i).
                          (ii) Funding.--
                                  (I) In general.--Except as 
                                provided in subclause (II), the 
                                plan described in clause (i) 
                                may use not more than 25 
                                percent of the funding made 
                                available for infrastructure 
                                projects eligible under 
                                subclauses (VI) and (VII) of 
                                paragraph (1)(B)(i).
                                  (II) Exception.--The plan 
                                described in clause (i) may 
                                propose to use more than 25 
                                percent of the funding made 
                                available for infrastructure 
                                projects eligible under 
                                subclauses (VI) and (VII) of 
                                paragraph (1)(B)(i) if the plan 
                                certifies that--
                                          (aa) ecosystem 
                                        restoration needs in 
                                        the State will be 
                                        addressed by the 
                                        projects in the 
                                        proposed plan; and
                                          (bb) additional 
                                        investment in 
                                        infrastructure is 
                                        required to mitigate 
                                        the impacts of the 
                                        Deepwater Horizon Oil 
                                        Spill to the ecosystem 
                                        or economy.
                          (iii) Development.--The plan 
                        described in clause (i) shall be 
                        developed by--
                                  (I) in the State of Alabama, 
                                the Alabama Gulf Coast Recovery 
                                Council established under 
                                paragraph (1)(F)(i);
                                  (II) in the State of Florida, 
                                a consortia of local political 
                                subdivisions that includes at a 
                                minimum 1 representative of 
                                each affected county;
                                  (III) in the State of 
                                Louisiana, the Coastal 
                                Protection and Restoration 
                                Authority of Louisiana;
                                  (IV) in the State of 
                                Mississippi, the Office of the 
                                Governor or an appointee of the 
                                Office of the Governor; and
                                  (V) in the State of Texas, 
                                the Office of the Governor or 
                                an appointee of the Office of 
                                the Governor.
                          (iv) Approval.--Not later than 60 
                        days after the date on which a plan is 
                        submitted under clause (i), the Council 
                        shall approve or disapprove the plan 
                        based on the conditions of clause (i).
                  (C) Disapproval.--If the Council disapproves 
                a plan pursuant to subparagraph (B)(iv), the 
                Council shall--
                          (i) provide the reasons for 
                        disapproval in writing; and
                          (ii) consult with the State to 
                        address any identified deficiencies 
                        with the State plan.
                  (D) Failure to submit adequate plan.--If a 
                State fails to submit an adequate plan under 
                this paragraph, any funds made available under 
                this paragraph shall remain in the Trust Fund 
                until such date as a plan is submitted and 
                approved pursuant to this paragraph.
                  (E) Judicial review.--If the Council fails to 
                approve or take action within 60 days on a 
                plan, as described in subparagraph (B)(iv), the 
                State may obtain expedited judicial review 
                within 90 days of that decision in a district 
                court of the United States, of appropriate 
                jurisdiction and venue, that is located within 
                the State seeking the review.
                  (F) Cost-sharing.--
                          (i) In general.--A Gulf Coast State 
                        or coastal political subdivision may 
                        use, in whole or in part, amounts made 
                        available to that Gulf Coast State or 
                        coastal political subdivision under 
                        this paragraph to satisfy the non-
                        Federal share of any project or program 
                        that--
                                  (I) is authorized by other 
                                Federal law; and
                                  (II) is an eligible activity 
                                described in clause (i) or (ii) 
                                of paragraph (1)(B).
                          (ii) Effect on other funds.--The use 
                        of funds made available from the Trust 
                        Fund under this paragraph to satisfy 
                        the non-Federal share of the cost of a 
                        project or program described in clause 
                        (i) shall not affect the priority in 
                        which other Federal funds are allocated 
                        or awarded.
          (4) Authorization of interest transfers.--Of the 
        total amount made available for any fiscal year from 
        the Trust Fund that is equal to the interest earned by 
        the Trust Fund and proceeds from investments made by 
        the Trust Fund in the preceding fiscal year--
                  (A) 50 percent shall be divided equally 
                between--
                          (i) the Gulf Coast Ecosystem 
                        Restoration Science, Observation, 
                        Monitoring, and Technology program 
                        authorized in section 1604 of the 
                        Resources and Ecosystems 
                        Sustainability, Tourist Opportunities, 
                        and Revived Economies of the Gulf Coast 
                        States Act of 2012; and
                          (ii) the centers of excellence 
                        research grants authorized in section 
                        1605 of that Act; and
                  (B) 50 percent shall be made available to the 
                Gulf Coast Ecosystem Restoration Council to 
                carry out the Comprehensive Plan pursuant to 
                paragraph (2).

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                      TITLE 49, UNITED STATES CODE



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SUBTITLE II--OTHER GOVERNMENT AGENCIES

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            CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER I--GENERAL

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Sec. 1101. Definitions

   [Section 2101(17a)] Section 2101(23) of title 46 and section 
40102(a) of this title apply to this chapter. In this chapter, 
the term ``accident'' includes damage to or destruction of 
vehicles in surface or air transportation or pipelines, 
regardless of whether the initiating event is accidental or 
otherwise.

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                              ----------                              


                       OIL POLLUTION ACT OF 1990



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SEC. 2. TABLE OF CONTENTS.

  The contents of this Act are as follows:

            TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION

Sec. 1001. Definitions.
     * * * * * * *

                TITLE V--PRINCE WILLIAM SOUND PROVISIONS

     * * * * * * *
Sec. 5008. North Pacific Marine Research Institute.

                         TITLE VI--MISCELLANEOUS

     * * * * * * *
[Sec. 6003. Outer Banks protection.]
     * * * * * * *

           TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION

SEC. 1001. DEFINITIONS.

   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 
                        facility, offshore facility, or foreign 
                        offshore unit or other facility located 
                        seaward of the exclusive economic zone, 
                        any person or entity owning or 
                        operating such facility;
                          (iii) in the case of any abandoned 
                        offshore facility or foreign offshore 
                        unit or other facility located seaward 
                        of the exclusive economic zone, the 
                        person or entity that 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. In the case of a vessel, the term 
                ``responsible party'' also includes the owner 
                of oil being transported in a tank vessel with 
                a single hull after December 31, 2010 [(other 
                than a vessel described in section 3703a(b)(3) 
                of title 46, United States Code)].
                  (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) Foreign facilities.--In the case of a 
                foreign offshore unit or other facility located 
                seaward of the exclusive economic zone, any 
                person or other entity owning or operating the 
                facility, and any leaseholder, permit holder, 
                assignee, or holder of a right of use and 
                easement granted under applicable foreign law 
                for the area in which the facility is located.
                  (E) 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.
                  (F) Pipelines.--In the case of a pipeline, 
                any person owning or operating the pipeline.
                  (G) Abandonment.--In the case of an abandoned 
                vessel, onshore facility, deepwater port, 
                pipeline,, offshore facility, or foreign 
                offshore unit or other facility located seaward 
                of the exclusive economic zone, the persons or 
                entities that 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)).

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SEC. 1003. DEFENSES TO LIABILITY.

  (a) Complete Defenses.--A responsible party is not liable for 
removal costs or damages under section 1002 if the responsible 
party establishes, by a preponderance of the evidence, that the 
discharge or substantial threat of a discharge of oil and the 
resulting damages or removal costs were caused solely by--
          (1) an act of God;
          (2) an act of war;
          (3) an act or omission of a third party, other than 
        an employee or agent of the responsible party or a 
        third party whose act or omission occurs in connection 
        with any contractual relationship with the responsible 
        party (except where the sole contractual arrangement 
        arises in connection with carriage by a common carrier 
        by rail), if the responsible party establishes, by a 
        preponderance of the evidence, that the responsible 
        party--
                  (A) exercised due care with respect to the 
                oil concerned, taking into consideration the 
                characteristics of the oil and in light of all 
                relevant facts and circumstances; and
                  (B) took precautions against foreseeable acts 
                or omissions of any such third party and the 
                foreseeable consequences of those acts or 
                omissions; or
          (4) any combination of paragraphs (1), (2), and (3).
  (b) Defenses As To Particular Claimants.--A responsible party 
is not liable under section 1002 to a claimant, to the extent 
that the incident is caused by the gross negligence or willful 
misconduct of the claimant.
  (c) Limitation on Complete Defense.--Subsection (a) does not 
apply with respect to a responsible party who fails or 
refuses--
          (1) to report the incident as required by law if the 
        responsible party knows or has reason to know of the 
        incident;
          (2) to provide all reasonable cooperation and 
        assistance requested by a responsible official in 
        connection with removal activities; or
          (3) without sufficient cause, to comply with an order 
        issued under subsection (c) or (e) of section 311 of 
        the Federal Water Pollution Control Act (33 U.S.C. 
        1321), as amended by this Act, or the Intervention on 
        the High Seas Act (33 U.S.C. 1471 et seq.).
  (d) Definition of Contractual Relationship.--
          (1) In general.--For purposes of subsection (a)(3) 
        the term ``contractual relationship'' includes, but is 
        not limited to, land contracts, deeds, easements, 
        leases, or other instruments transferring title or 
        possession, unless--
                  (A) the real property on which the facility 
                concerned is located was acquired by the 
                responsible party after the placement of the 
                oil on, in, or at the real property on which 
                the facility concerned is located;
                  (B) one or more of the circumstances 
                described in subparagraph (A), (B), or (C) of 
                paragraph (2) is established by the responsible 
                party by a preponderance of the evidence; and
                  (C) the responsible party complies with 
                paragraph (3).
          (2) Required circumstance.--The circumstances 
        referred to in paragraph (1)(B) are the following:
                  (A) At the time the responsible party 
                acquired the real property on which the 
                facility is located the responsible party did 
                not know and had no reason to know that oil 
                that is the subject of the discharge or 
                substantial threat of discharge was located on, 
                in, or at the facility.
                  (B) The responsible party is a government 
                entity that acquired the facility--
                          (i) by escheat;
                          (ii) through any other involuntary 
                        transfer or acquisition; or
                          (iii) through the exercise of eminent 
                        domain authority by purchase or 
                        condemnation.
                  (C) The responsible party acquired the 
                facility by inheritance or bequest.
          (3) Additional requirements.--For purposes of 
        paragraph (1)(C), the responsible party must establish 
        by a preponderance of the evidence that the responsible 
        party--
                  (A) has satisfied the requirements of section 
                1003(a)(3)(A) and (B);
                  (B) has provided full cooperation, 
                assistance, and facility access to the persons 
                that are authorized to conduct removal actions, 
                including the cooperation and access necessary 
                for the installation, integrity, operation, and 
                maintenance of any complete or partial removal 
                action;
                  (C) is in compliance with any land use 
                restrictions established or relied on in 
                connection with the removal action; and
                  (D) has not impeded the effectiveness or 
                integrity of any institutional control employed 
                in connection with the removal action.
          (4) Reason to know.--
                  (A) Appropriate inquiries.--To establish that 
                the responsible party had no reason to know of 
                the matter described in paragraph (2)(A), the 
                responsible party must demonstrate to a court 
                that--
                          (i) on or before the date on which 
                        the responsible party acquired the real 
                        property on which the facility is 
                        located, the responsible party carried 
                        out all appropriate inquiries, as 
                        provided in subparagraphs (B) and (D), 
                        into the previous ownership and uses of 
                        the real property on which the facility 
                        is located in accordance with generally 
                        accepted good commercial and customary 
                        standards and practices; and
                          (ii) the responsible party took 
                        reasonable steps to--
                                  (I) stop any continuing 
                                discharge;
                                  (II) prevent any substantial 
                                threat of discharge; and
                                  (III) prevent or limit any 
                                human, environmental, or 
                                natural resource exposure to 
                                any previously discharged oil.
                  (B) Regulations establishing standards and 
                practices.--Not later than 2 years after the 
                date of the enactment of this paragraph, the 
                Secretary, in consultation with the 
                Administrator of the Environmental Protection 
                Agency, shall by regulation establish standards 
                and practices for the purpose of satisfying the 
                requirement to carry out all appropriate 
                inquiries under subparagraph (A).
                  (C) Criteria.--In promulgating regulations 
                that establish the standards and practices 
                referred to in subparagraph (B), the Secretary 
                shall include in such standards and practices 
                provisions regarding each of the following:
                          (i) The results of an inquiry by an 
                        environmental professional.
                          (ii) Interviews with past and present 
                        owners, operators, and occupants of the 
                        facility and the real property on which 
                        the facility is located for the purpose 
                        of gathering information regarding the 
                        potential for oil at the facility and 
                        on the real property on which the 
                        facility is located.
                          (iii) Reviews of historical sources, 
                        such as chain of title documents, 
                        aerial photographs, building department 
                        records, and land use records, to 
                        determine previous uses and occupancies 
                        of the real property on which the 
                        facility is located since the property 
                        was first developed.
                          (iv) Searches for recorded 
                        environmental cleanup liens against the 
                        facility and the real property on which 
                        the facility is located that are filed 
                        under Federal, State, or local law.
                          (v) Reviews of Federal, State, and 
                        local government records, waste 
                        disposal records, underground storage 
                        tank records, and waste handling, 
                        generation, treatment, disposal, and 
                        spill records, concerning oil at or 
                        near the facility and on the real 
                        property on which the facility is 
                        located.
                          (vi) Visual inspections of the 
                        facility, the real property on which 
                        the facility is located, and adjoining 
                        properties.
                          (vii) Specialized knowledge or 
                        experience on the part of the 
                        responsible party.
                          (viii) The relationship of the 
                        purchase price to the value of the 
                        facility and the real property on which 
                        the facility is located, if oil was not 
                        at the facility or on the real 
                        property.
                          (ix) Commonly known or reasonably 
                        ascertainable information about the 
                        facility and the real property on which 
                        the facility is located.
                          (x) The degree of obviousness of the 
                        presence or likely presence of oil at 
                        the facility and on the real property 
                        on which the facility is located, and 
                        the ability to detect the oil by 
                        appropriate investigation.
                  (D) Interim standards and practices.--
                          (i) Real property purchased before 
                        may 31, 1997.--With respect to real 
                        property purchased before May 31, 1997, 
                        in making a determination with respect 
                        to a responsible party described in 
                        subparagraph (A), a court shall take 
                        into account--
                                  (I) any specialized knowledge 
                                or experience on the part of 
                                the responsible party;
                                  (II) the relationship of the 
                                purchase price to the value of 
                                the facility and the real 
                                property on which the facility 
                                is located, if the oil was not 
                                at the facility or on the real 
                                property;
                                  (III) commonly known or 
                                reasonably ascertainable 
                                information about the facility 
                                and the real property on which 
                                the facility is located;
                                  (IV) the obviousness of the 
                                presence or likely presence of 
                                oil at the facility and on the 
                                real property on which the 
                                facility is located; and
                                  (V) the ability of the 
                                responsible party to detect oil 
                                by appropriate inspection.
                          (ii) Real property purchased on or 
                        after may 31, 1997.--With respect to 
                        real property purchased on or after May 
                        31, 1997, until the Secretary 
                        promulgates the regulations described 
                        in clause (ii), the procedures of the 
                        American Society for Testing and 
                        Materials, including the document known 
                        as ``Standard E1527-97'', entitled 
                        ``Standard Practice for Environmental 
                        Site Assessment: Phase I Environmental 
                        Site Assessment Process'', shall 
                        satisfy the requirements in 
                        subparagraph (A).
                  (E) Site inspection and title search.--In the 
                case of real property for residential use or 
                other similar use purchased by a 
                nongovernmental or noncommercial entity, 
                inspection and title search of the facility and 
                the real property on which the facility is 
                located that reveal no basis for further 
                investigation shall be considered to satisfy 
                the requirements of this paragraph.
          (5) Previous owner or operator.--Nothing in this 
        paragraph or in section 1003(a)(3) shall diminish the 
        liability of any previous owner or operator of such 
        facility who would otherwise be liable under this Act. 
        Notwithstanding this paragraph, if a responsible party 
        obtained actual knowledge of the discharge or 
        substantial threat of discharge of oil at such facility 
        when the responsible party owned the facility and then 
        subsequently transferred ownership of the facility or 
        the real property on which the facility is located to 
        another person without disclosing such knowledge, the 
        responsible party shall be treated as liable under 
        section 1002(a) and no defense under section 1003(a) 
        shall be available to such responsible party.
          (6) Limitation on defense.--Nothing in this paragraph 
        shall affect the liability under this Act of a 
        responsible party who, by any act or omission, caused 
        or contributed to the discharge or substantial threat 
        of discharge of oil which is the subject of the action 
        relating to the facility.

SEC. 1004. LIMITS ON LIABILITY.

  (a) General Rule.--Except as otherwise provided in this 
section, the total of the liability of a responsible party 
under section 1002 and any removal costs incurred by, or on 
behalf of, the responsible party, with respect to each incident 
shall not exceed--
          (1) for a tank vessel, the greater of--
                  (A) with respect to a single-hull vessel, 
                including a single-hull vessel fitted with 
                double sides only or a double bottom only, 
                $3,000 per gross ton;
                  (B) with respect to a vessel other than a 
                vessel referred to in subparagraph (A), $1,900 
                per gross ton; or
                  (C)(i) with respect to a vessel greater than 
                3,000 gross tons that is--
                          (I) a vessel described in 
                        subparagraph (A), $22,000,000; or
                          (II) a vessel described in 
                        subparagraph (B), $16,000,000; or
                  (ii) with respect to a vessel of 3,000 gross 
                tons or less that is--
                          (I) a vessel described in 
                        subparagraph (A), $6,000,000; or
                          (II) a vessel described in 
                        subparagraph (B), $4,000,000;
          (2) for any other vessel, $950 per gross ton or 
        $800,000, whichever is greater;
          (3) for an offshore facility except a deepwater port, 
        the total of all removal costs plus $75,000,000; and
          (4) for any onshore facility and a deepwater port, 
        $350,000,000.
  (b) Division of Liability for Mobile Offshore Drilling 
Units.--
          (1) Treated first as tank vessel.--For purposes of 
        determining the responsible party and applying this Act 
        and except as provided in paragraph (2), a mobile 
        offshore drilling unit which is being used as an 
        offshore facility is deemed to be a tank vessel with 
        respect to the discharge, or the substantial threat of 
        a discharge, of oil on or above the surface of the 
        water.
          (2) Treated as facility for excess liability.--To the 
        extent that removal costs and damages from any incident 
        described in paragraph (1) exceed the amount for which 
        a responsible party is liable (as that amount may be 
        limited under subsection (a)(1)), the mobile offshore 
        drilling unit is deemed to be an offshore facility. For 
        purposes of applying subsection (a)(3), the amount 
        specified in that subsection shall be reduced by the 
        amount for which the responsible party is liable under 
        paragraph (1).
  (c) Exceptions.--
          (1) Acts of responsible party.--Subsection (a) does 
        not apply if the incident was proximately caused by--
                  (A) gross negligence or willful misconduct 
                of, or
                  (B) the violation of an applicable Federal 
                safety, construction, or operating regulation 
                by,
        the responsible party, an agent or employee of the 
        responsible party, or a person acting pursuant to a 
        contractual relationship with the responsible party 
        (except where the sole contractual arrangement arises 
        in connection with carriage by a common carrier by 
        rail).
          (2) Failure or refusal of responsible party.--
        Subsection (a) does not apply if the responsible party 
        fails or refuses--
                  (A) to report the incident as required by law 
                and the responsible party knows or has reason 
                to know of the incident;
                  (B) to provide all reasonable cooperation and 
                assistance requested by a responsible official 
                in connection with removal activities; or
                  (C) without sufficient cause, to comply with 
                an order issued under subsection (c) or (e) of 
                section 311 of the Federal Water Pollution 
                Control Act (33 U.S.C. 1321), as amended by 
                this Act, or the Intervention on the High Seas 
                Act (33 U.S.C. 1471 et seq.).
          (3) OCS facility or vessel.--Notwithstanding the 
        limitations established under subsection (a) and the 
        defenses of section 1003, all removal costs incurred by 
        the United States Government or any State or local 
        official or agency in connection with a discharge or 
        substantial threat of a discharge of oil from any Outer 
        Continental Shelf facility or a vessel carrying oil as 
        cargo from such a facility shall be borne by the owner 
        or operator of such facility or vessel.
          (4) Certain tank vessels.--Subsection (a)(1) shall 
        not apply to--
                  (A) a tank vessel on which the only oil 
                carried as cargo is an animal fat or vegetable 
                oil, as those terms are used in section 2 of 
                the Edible Oil Regulatory Reform Act; and
                  (B) a tank vessel that is designated in its 
                certificate of inspection as an oil spill 
                response vessel (as that term is defined in 
                section 2101 of title 46, United States Code) 
                and that is used solely for removal.
  (d) Adjusting Limits of Liability.--
          (1) Onshore facilities.--Subject to paragraph (2), 
        the President may establish by regulation, with respect 
        to any class or category of onshore facility, a limit 
        of liability under this section of less than 
        $350,000,000, but not less than $8,000,000, taking into 
        account size, storage capacity, oil throughput, 
        proximity to sensitive areas, type of oil handled, 
        history of discharges, and other factors relevant to 
        risks posed by the class or category of facility.
          (2) Deepwater ports and associated vessels.--
                  (A) Study.--The Secretary shall conduct a 
                study of the relative operational and 
                environmental risks posed by the transportation 
                of oil by vessel to deepwater ports (as defined 
                in section 3 of the Deepwater Port Act of 1974 
                (33 U.S.C. 1502)) versus the transportation of 
                oil by vessel to other ports. The study shall 
                include a review and analysis of offshore 
                lightering practices used in connection with 
                that transportation, an analysis of the volume 
                of oil transported by vessel using those 
                practices, and an analysis of the frequency and 
                volume of oil discharges which occur in 
                connection with the use of those practices.
                  (B) Report.--Not later than 1 year after the 
                date of the enactment of this Act, the 
                Secretary shall submit to the Congress a report 
                on the results of the study conducted under 
                subparagraph (A).
                  (C) Rulemaking proceeding.--If the Secretary 
                determines, based on the results of the study 
                conducted [under this subparagraph (A)] under 
                subparagraph (A), that the use of deepwater 
                ports in connection with the transportation of 
                oil by vessel results in a lower operational or 
                environmental risk than the use of other ports, 
                the Secretary shall initiate, not later than 
                the 180th day following the date of submission 
                of the report to the Congress under 
                subparagraph (B), a rulemaking proceeding to 
                lower the limits of liability under this 
                section for deepwater ports as the Secretary 
                determines appropriate. The Secretary may 
                establish a limit of liability of less than 
                $350,000,000, but not less than $50,000,000, in 
                accordance with paragraph (1).
          (3) Periodic reports.--The President shall, within 6 
        months after the date of the enactment of this Act, and 
        from time to time thereafter, report to the Congress on 
        the desirability of adjusting the limits of liability 
        specified in subsection (a).
          (4) Adjustment to reflect consumer price index.--The 
        President, by regulations issued not later than 3 years 
        after the date of enactment of the Delaware River 
        Protection Act of 2006 and not less than every 3 years 
        thereafter, shall adjust the limits on liability 
        specified in subsection (a) to reflect significant 
        increases in the Consumer Price Index.

           *       *       *       *       *       *       *


TITLE IV--PREVENTION AND REMOVAL

           *       *       *       *       *       *       *


Subtitle C--Penalties and Miscellaneous

           *       *       *       *       *       *       *


SEC. 4303. FINANCIAL RESPONSIBILITY CIVIL PENALTIES.

  (a) Administrative.--Any person who, after notice and an 
opportunity for a hearing, is found to have failed to comply 
with the requirements of section 1016 or the regulations issued 
under that section, or with a denial or detention order issued 
under [subsection (c)(2)] subsection (b)(2) of that section, 
shall be liable to the United States for a civil penalty, not 
to exceed $25,000 per day of violation. The amount of the civil 
penalty shall be assessed by the President by written notice. 
In determining the amount of the penalty, the President shall 
take into account the nature, circumstances, extent, and 
gravity of the violation, the degree of culpability, any 
history of prior violation, ability to pay, and such other 
matters as justice may require. The President may compromise, 
modify, or remit, with or without conditions, any civil penalty 
which is subject to imposition or which has been imposed under 
this paragraph. If any person fails to pay an assessed civil 
penalty after it has become final, the President may refer the 
matter to the Attorney General for collection.
  (b) Judicial.--In addition to, or in lieu of, assessing a 
penalty under subsection (a), the President may request the 
Attorney General to secure such relief as necessary to compel 
compliance with [this section 1016] section 1016, including a 
judicial order terminating operations. The district courts of 
the United States shall have jurisdiction to grant any relief 
as the public interest and the equities of the case may 
require.

           *       *       *       *       *       *       *


TITLE V--PRINCE WILLIAM SOUND PROVISIONS

           *       *       *       *       *       *       *


SEC. 5002. TERMINAL AND TANKER OVERSIGHT AND MONITORING.

  (a) Short Title and Findings.--
          (1) Short title.--This section may be cited as the 
        ``Oil Terminal and Oil Tanker Environmental Oversight 
        and Monitoring Act of 1990''.
          (2) Findings.--The Congress finds that--
                  (A) the March 24, 1989, grounding and rupture 
                of the fully loaded oil tanker, the EXXON 
                VALDEZ, spilled 11 million gallons of crude oil 
                in Prince William Sound, an environmentally 
                sensitive area;
                  (B) many people believe that complacency on 
                the part of the industry and government 
                personnel responsible for monitoring the 
                operation of the Valdez terminal and vessel 
                traffic in Prince William Sound was one of the 
                contributing factors to the EXXON VALDEZ oil 
                spill;
                  (C) one way to combat this complacency is to 
                involve local citizens in the process of 
                preparing, adopting, and revising oil spill 
                contingency plans;
                  (D) a mechanism should be established which 
                fosters the long-term partnership of industry, 
                government, and local communities in overseeing 
                compliance with environmental concerns in the 
                operation of crude oil terminals;
                  (E) such a mechanism presently exists at the 
                Sullom Voe terminal in the Shetland Islands and 
                this terminal should serve as a model for 
                others;
                  (F) because of the effective partnership that 
                has developed at Sullom Voe, Sullom Voe is 
                considered the safest terminal in Europe;
                  (G) the present system of regulation and 
                oversight of crude oil terminals in the United 
                States has degenerated into a process of 
                continual mistrust and confrontation;
                  (H) only when local citizens are involved in 
                the process will the trust develop that is 
                necessary to change the present system from 
                confrontation to consensus;
                  (I) a pilot program patterned after Sullom 
                Voe should be established in Alaska to further 
                refine the concepts and relationships involved; 
                and
                  (J) similar programs should eventually be 
                established in other major crude oil terminals 
                in the United States because the recent oil 
                spills in Texas, Delaware, and Rhode Island 
                indicate that the safe transportation of crude 
                oil is a national problem.
  (b) Demonstration Programs.--
          (1) Establishment.--There are established 2 Oil 
        Terminal and Oil Tanker Environmental Oversight and 
        Monitoring Demonstration Programs (hereinafter referred 
        to as ``Programs'') to be carried out in the State of 
        Alaska.
          (2) Advisory function.--The function of these 
        Programs shall be advisory only.
          (3) Purpose.--The Prince William Sound Program shall 
        be responsible for environmental monitoring of the 
        terminal facilities in Prince William Sound and the 
        crude oil tankers operating in Prince William Sound. 
        The Cook Inlet Program shall be responsible for 
        environmental monitoring of the terminal facilities and 
        crude oil tankers operating in Cook Inlet located South 
        of the latitude at Point Possession and North of the 
        latitude at Amatuli Island, including offshore 
        facilities in Cook Inlet.
          (4) Suits barred.--No program, association, council, 
        committee or other organization created by this section 
        may sue any person or entity, public or private, 
        concerning any matter arising under this section except 
        for the performance of contracts.
  (c) Oil Terminal Facilities and Oil Tanker Operations 
Association.--
          (1) Establishment.--There is established an Oil 
        Terminal Facilities and Oil Tanker Operations 
        Association (hereinafter in this section referred to as 
        the ``Association'') for each of the Programs 
        established under subsection (b).
          (2) Membership.--Each Association shall be comprised 
        of 4 individuals as follows:
                  (A) One individual shall be designated by the 
                owners and operators of the terminal facilities 
                and shall represent those owners and operators.
                  (B) One individual shall be designated by the 
                owners and operators of the crude oil tankers 
                calling at the terminal facilities and shall 
                represent those owners and operators.
                  (C) One individual shall be an employee of 
                the State of Alaska, shall be designated by the 
                Governor of the State of Alaska, and shall 
                represent the State government.
                  (D) One individual shall be an employee of 
                the Federal Government, shall be designated by 
                the President, and shall represent the Federal 
                Government.
          (3) Responsibilities.--Each Association shall be 
        responsible for reviewing policies relating to the 
        operation and maintenance of the oil terminal 
        facilities and crude oil tankers which affect or may 
        affect the environment in the vicinity of their 
        respective terminals. Each Association shall provide a 
        forum among the owners and operators of the terminal 
        facilities, the owners and operators of crude oil 
        tankers calling at those facilities, the United States, 
        and the State of Alaska to discuss and to make 
        recommendations concerning all permits, plans, and 
        site-specific regulations governing the activities and 
        actions of the terminal facilities which affect or may 
        affect the environment in the vicinity of the terminal 
        facilities and of crude oil tankers calling at those 
        facilities.
          (4) Designation of existing organization.--The 
        Secretary may designate an existing nonprofit 
        organization as an Association under this subsection if 
        the organization is organized to meet the purposes of 
        this section and consists of at least the individuals 
        listed in paragraph (2).
  (d) Regional Citizens' Advisory Councils.--
          (1) Membership.--There is established a Regional 
        Citizens' Advisory Council (hereinafter in this section 
        referred to as the ``Council'') for each of the 
        programs established by subsection (b).
          (2) Membership.--Each Council shall be composed of 
        voting members and nonvoting members, as follows:
                  (A) Voting members.--Voting members shall be 
                Alaska residents and, except as provided in 
                clause (vii) of this paragraph, shall be 
                appointed by the Governor of the State of 
                Alaska from a list of nominees provided by each 
                of the following interests, with one 
                representative appointed to represent each of 
                the following interests, taking into 
                consideration the need for regional balance on 
                the Council:
                          (i) Local commercial fishing industry 
                        organizations, the members of which 
                        depend on the fisheries resources of 
                        the waters in the vicinity of the 
                        terminal facilities.
                          (ii) Aquaculture associations in the 
                        vicinity of the terminal facilities.
                          (iii) Alaska Native Corporations and 
                        other Alaska Native organizations the 
                        members of which reside in the vicinity 
                        of the terminal facilities.
                          (iv) Environmental organizations the 
                        members of which reside in the vicinity 
                        of the terminal facilities.
                          (v) Recreational organizations the 
                        members of which reside in or use the 
                        vicinity of the terminal facilities.
                          (vi) The Alaska State Chamber of 
                        Commerce, to represent the locally 
                        based tourist industry.
                          (vii)(I) For the Prince William Sound 
                        Terminal Facilities Council, one 
                        representative selected by each of the 
                        following municipalities: Cordova, 
                        Whittier, Seward, Valdez, Kodiak, the 
                        Kodiak Island Borough, and the Kenai 
                        Peninsula Borough.
                          (II) For the Cook Inlet Terminal 
                        Facilities Council, one representative 
                        selected by each of the following 
                        municipalities: Homer, Seldovia, 
                        Anchorage, Kenai, Kodiak, the Kodiak 
                        Island Borough, and the Kenai Peninsula 
                        Borough.
                  (B) Nonvoting members.--One ex-officio, 
                nonvoting representative shall be designated 
                by, and represent, each of the following:
                          (i) The Environmental Protection 
                        Agency.
                          (ii) The Coast Guard.
                          (iii) The National Oceanic and 
                        Atmospheric Administration.
                          (iv) The United States Forest 
                        Service.
                          (v) The Bureau of Land Management.
                          (vi) The Alaska Department of 
                        Environmental Conservation.
                          (vii) The Alaska Department of Fish 
                        and Game.
                          (viii) The Alaska Department of 
                        Natural Resources.
                          (ix) The Division of Emergency 
                        Services, Alaska Department of Military 
                        and Veterans Affairs.
          (3) Terms.--
                  (A) Duration of councils.--The term of the 
                Councils shall continue throughout the life of 
                the operation of the Trans-Alaska Pipeline 
                System and so long as oil is transported to or 
                from Cook Inlet.
                  (B) Three years.--The voting members of each 
                Council shall be appointed for a term of 3 
                years except as provided for in subparagraph 
                (C).
                  (C) Initial appointments.--The terms of the 
                first appointments shall be as follows:
                          (i) For the appointments by the 
                        Governor of the State of Alaska, one-
                        third shall serve for 3 years, one-
                        third shall serve for 2 years, and one-
                        third shall serve for one year.
                          (ii) For the representatives of 
                        municipalities required by subsection 
                        (d)(2)(A)(vii), a drawing of lots among 
                        the appointees shall determine that 
                        one-third of that group serves for 3 
                        years, one-third serves for 2 years, 
                        and the remainder serves for 1 year.
          (4) Self-governing.--Each Council shall elect its own 
        chairperson, select its own staff, and make policies 
        with regard to its internal operating procedures. After 
        the initial organizational meeting called by the 
        Secretary under subsection (i), each Council shall be 
        self-governing.
          (5) Dual membership and conflicts of interest 
        prohibited.--(A) No individual selected as a member of 
        the Council shall serve on the Association.
          (B) No individual selected as a voting member of the 
        Council shall be engaged in any activity which might 
        conflict with such individual carrying out his 
        functions as a member thereof.
          (6) Duties.--Each Council shall--
                  (A) provide advice and recommendations to the 
                Association on policies, permits, and site-
                specific regulations relating to the operation 
                and maintenance of terminal facilities and 
                crude oil tankers which affect or may affect 
                the environment in the vicinity of the terminal 
                facilities;
                  (B) monitor through the committee established 
                under subsection (e), the environmental impacts 
                of the operation of the terminal facilities and 
                crude oil tankers;
                  (C) monitor those aspects of terminal 
                facilities' and crude oil tankers' operations 
                and maintenance which affect or may affect the 
                environment in the vicinity of the terminal 
                facilities;
                  (D) review through the committee established 
                under subsection (f), the adequacy of oil spill 
                prevention and contingency plans for the 
                terminal facilities and the adequacy of oil 
                spill prevention and contingency plans for 
                crude oil tankers, operating in Prince William 
                Sound or in Cook Inlet;
                  (E) provide advice and recommendations to the 
                Association on port operations, policies and 
                practices;
                  (F) recommend to the Association--
                          (i) standards and stipulations for 
                        permits and site-specific regulations 
                        intended to minimize the impact of the 
                        terminal facilities' and crude oil 
                        tankers' operations in the vicinity of 
                        the terminal facilities;
                          (ii) modifications of terminal 
                        facility operations and maintenance 
                        intended to minimize the risk and 
                        mitigate the impact of terminal 
                        facilities, operations in the vicinity 
                        of the terminal facilities and to 
                        minimize the risk of oil spills;
                          (iii) modifications of crude oil 
                        tanker operations and maintenance in 
                        Prince William Sound and Cook Inlet 
                        intended to minimize the risk and 
                        mitigate the impact of oil spills; and
                          (iv) modifications to the oil spill 
                        prevention and contingency plans for 
                        terminal facilities and for crude oil 
                        tankers in Prince William Sound and 
                        Cook Inlet intended to enhance the 
                        ability to prevent and respond to an 
                        oil spill; and
                  (G) create additional committees of the 
                Council as necessary to carry out the above 
                functions, including a scientific and technical 
                advisory committee to the Prince William Sound 
                Council.
          (7) No estoppel.--No Council shall be held liable 
        under State or Federal law for costs or damages as a 
        result of rendering advice under this section. Nor 
        shall any advice given by a voting member of a Council, 
        or program representative or agent, be grounds for 
        estopping the interests represented by the voting 
        Council members from seeking damages or other 
        appropriate relief.
          (8) Scientific work.--In carrying out its research, 
        development and monitoring functions, each Council is 
        authorized to conduct its own scientific research and 
        shall review the scientific work undertaken by or on 
        behalf of the terminal operators or crude oil tanker 
        operators as a result of a legal requirement to 
        undertake that work. Each Council shall also review the 
        relevant scientific work undertaken by or on behalf of 
        any government entity relating to the terminal 
        facilities or crude oil tankers. To the extent 
        possible, to avoid unnecessary duplication, each 
        Council shall coordinate its independent scientific 
        work with the scientific work performed by or on behalf 
        of the terminal operators and with the scientific work 
        performed by or on behalf of the operators of the crude 
        oil tankers.
  (e) Committee for Terminal and Oil Tanker Operations and 
Environmental Monitoring.--
          (1) Monitoring committee.--Each Council shall 
        establish a standing Terminal and Oil Tanker Operations 
        and Environmental Monitoring Committee (hereinafter in 
        this section referred to as the ``Monitoring 
        Committee'') to devise and manage a comprehensive 
        program of monitoring the environmental impacts of the 
        operations of terminal facilities and of crude oil 
        tankers while operating in Prince William Sound and 
        Cook Inlet. The membership of the Monitoring Committee 
        shall be made up of members of the Council, citizens, 
        and recognized scientific experts selected by the 
        Council.
          (2) Duties.--In fulfilling its responsibilities, the 
        Monitoring Committee shall--
                  (A) advise the Council on a monitoring 
                strategy that will permit early detection of 
                environmental impacts of terminal facility 
                operations and crude oil tanker operations 
                while in Prince William Sound and Cook Inlet;
                  (B) develop monitoring programs and make 
                recommendations to the Council on the 
                implementation of those programs;
                  (C) at its discretion, select and contract 
                with universities and other scientific 
                institutions to carry out specific monitoring 
                projects authorized by the Council pursuant to 
                an approved monitoring strategy;
                  (D) complete any other tasks assigned by the 
                Council; and
                  (E) provide written reports to the Council 
                which interpret and assess the results of all 
                monitoring programs.
  (f) Committee for Oil Spill Prevention, Safety, and Emergency 
Response.--
          (1) Technical oil spill committee.--Each Council 
        shall establish a standing technical committee 
        (hereinafter referred to as ``Oil Spill Committee'') to 
        review and assess measures designed to prevent oil 
        spills and the planning and preparedness for responding 
        to, containing, cleaning up, and mitigating impacts of 
        oil spills. The membership of the Oil Spill Committee 
        shall be made up of members of the Council, citizens, 
        and recognized technical experts selected by the 
        Council.
          (2) Duties.--In fulfilling its responsibilities, the 
        Oil Spill Committee shall--
                  (A) periodically review the respective oil 
                spill prevention and contingency plans for the 
                terminal facilities and for the crude oil 
                tankers while in Prince William Sound or Cook 
                Inlet, in light of new technological 
                developments and changed circumstances;
                  (B) monitor periodic drills and testing of 
                the oil spill contingency plans for the 
                terminal facilities and for crude oil tankers 
                while in Prince William Sound and Cook Inlet;
                  (C) study wind and water currents and other 
                environmental factors in the vicinity of the 
                terminal facilities which may affect the 
                ability to prevent, respond to, contain, and 
                clean up an oil spill;
                  (D) identify highly sensitive areas which may 
                require specific protective measures in the 
                event of a spill in Prince William Sound or 
                Cook Inlet;
                  (E) monitor developments in oil spill 
                prevention, containment, response, and cleanup 
                technology;
                  (F) periodically review port organization, 
                operations, incidents, and the adequacy and 
                maintenance of vessel traffic service systems 
                designed to assure safe transit of crude oil 
                tankers pertinent to terminal operations;
                  (G) periodically review the standards for 
                tankers bound for, loading at, exiting from, or 
                otherwise using the terminal facilities;
                  (H) complete any other tasks assigned by the 
                Council; and
                  (I) provide written reports to the Council 
                outlining its findings and recommendations.
  (g) Agency Cooperation.--On and after the expiration of the 
180-day period following the date of the enactment of this 
section, each Federal department, agency, or other 
instrumentality shall, with respect to all permits, site-
specific regulations, and other matters governing the 
activities and actions of the terminal facilities which affect 
or may affect the vicinity of the terminal facilities, consult 
with the appropriate Council prior to taking substantive action 
with respect to the permit, site-specific regulation, or other 
matter. This consultation shall be carried out with a view to 
enabling the appropriate Association and Council to review the 
permit, site-specific regulation, or other matters and make 
appropriate recommendations regarding operations, policy or 
agency actions. Prior consultation shall not be required if an 
authorized Federal agency representative reasonably believes 
that an emergency exists requiring action without delay.
  (h) Recommendations of the Council.--In the event that the 
Association does not adopt, or significantly modifies before 
adoption, any recommendation of the Council made pursuant to 
the authority granted to the Council in subsection (d), the 
Association shall provide to the Council, in writing, within 5 
days of its decision, notice of its decision and a written 
statement of reasons for its rejection or significant 
modification of the recommendation.
  (i) Administrative Actions.--Appointments, designations, and 
selections of individuals to serve as members of the 
Associations and Councils under this section shall be submitted 
to the Secretary prior to the expiration of the 120-day period 
following the date of the enactment of this section. On or 
before the expiration of the 180-day period following that date 
of enactment of this section, the Secretary shall call an 
initial meeting of each Association and Council for 
organizational purposes.
  (j) Location and Compensation.--
          (1) Location.--Each Association and Council 
        established by this section shall be located in the 
        State of Alaska.
          (2) Compensation.--No member of an Association or 
        Council shall be compensated for the member's services 
        as a member of the Association or Council, but shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at a rate established by the Association 
        or Council not to exceed the rates authorized for 
        employees of agencies under sections 5702 and 5703 of 
        title 5, United States Code. However, each Council may 
        enter into contracts to provide compensation and 
        expenses to members of the committees created under 
        subsections (d), (e), and (f).
  (k) Funding.--
          (1) Requirement.--Approval of the contingency plans 
        required of owners and operators of the Cook Inlet and 
        Prince William Sound terminal facilities and crude oil 
        tankers while operating in Alaskan waters in commerce 
        with those terminal facilities shall be effective only 
        so long as the respective Association and Council for a 
        facility are funded pursuant to paragraph (2).
          (2) Prince william sound program.--The owners or 
        operators of terminal facilities or crude oil tankers 
        operating in Prince William Sound shall provide, on an 
        annual basis, an aggregate amount of not more than 
        $2,000,000, as determined by the Secretary. Such 
        amount--
                  (A) shall provide for the establishment and 
                operation on the environmental oversight and 
                monitoring program in Prince William Sound;
                  (B) shall be adjusted annually by the 
                Anchorage Consumer Price Index; and
                  (C) may be adjusted periodically upon the 
                mutual consent of the owners or operators of 
                terminal facilities or crude oil tankers 
                operating in Prince William Sound and the 
                Prince William Sound terminal facilities 
                Council.
          (3) Cook inlet program.--The owners or operators of 
        terminal facilities, offshore facilities, or crude oil 
        tankers operating in Cook Inlet shall provide, on an 
        annual basis, an aggregate amount of not less than 
        $1,400,000, as determined by the Secretary. Such 
        amount--
                  (A) shall provide for the establishment and 
                operation of the environmental oversight and 
                monitoring program in Cook Inlet;
                  (B) shall be adjusted annually by the 
                Anchorage Consumer Price Index; and
                  (C) may be adjusted periodically upon the 
                mutual consent of the owners or operators of 
                terminal facilities, offshore facilities, or 
                crude oil tankers operating in Cook Inlet and 
                the Cook Inlet Council.
  (l) Reports.--
          (1) Associations and councils.--Prior to the 
        expiration of the 36-month period following the date of 
        the enactment of this section, each Association and 
        Council established by this section shall report to the 
        President and the Congress concerning its activities 
        under this section, together with its recommendations.
          (2) GAO.--Prior to the expiration of the 36-month 
        period following the date of the enactment of this 
        section, the [General Accounting Office] Government 
        Accountability Office shall report to the President and 
        the Congress as to the handling of funds, including 
        donated funds, by the entities carrying out the 
        programs under this section, and the effectiveness of 
        the demonstration programs carried out under this 
        section, together with its recommendations.
  (m) Definitions.--As used in this section, the term--
          (1) ``terminal facilities'' means--
                  (A) in the case of the Prince William Sound 
                Program, the entire oil terminal complex 
                located in Valdez, Alaska, consisting of 
                approximately 1,000 acres including all 
                buildings, docks (except docks owned by the 
                City of Valdez if those docks are not used for 
                loading of crude oil), pipes, piping, roads, 
                ponds, tanks, crude oil tankers only while at 
                the terminal dock, tanker escorts owned or 
                operated by the operator of the terminal, 
                vehicles, and other facilities associated with, 
                and necessary for, assisting tanker movement of 
                crude oil into and out of the oil terminal 
                complex; and
                  (B) in the case of the Cook Inlet Program, 
                the entire oil terminal complex including all 
                buildings, docks, pipes, piping, roads, ponds, 
                tanks, vessels, vehicles, crude oil tankers 
                only while at the terminal dock, tanker escorts 
                owned or operated by the operator of the 
                terminal, emergency spill response vessels 
                owned or operated by the operator of the 
                terminal, and other facilities associated with, 
                and necessary for, assisting tanker movement of 
                crude oil into and out of the oil terminal 
                complex;
          (2) ``crude oil tanker'' means a tanker (as that term 
        is defined under section 2101 of title 46, United 
        States Code)--
                  (A) in the case of the Prince William Sound 
                Program, calling at the terminal facilities for 
                the purpose of receiving and transporting oil 
                to refineries, operating north of Middleston 
                Island and bound for or exiting from Prince 
                William Sound; and
                  (B) in the case of the Cook Inlet Program, 
                calling at the terminal facilities for the 
                purpose of receiving and transporting oil to 
                refineries and operating in Cook Inlet and the 
                Gulf of Alaska north of Amatuli Island, 
                including tankers transiting to Cook Inlet from 
                Prince William Sound;
          (3) ``vicinity of the terminal facilities'' means 
        that geographical area surrounding the environment of 
        terminal facilities which is directly affected or may 
        be directly affected by the operation of the terminal 
        facilities; and
          (4) ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating.
  (n) Savings Clause.--
          (1) Regulatory authority.--Nothing in this section 
        shall be construed as modifying, repealing, 
        superseding, or preempting any municipal, State or 
        Federal law or regulation, or in any way affecting 
        litigation arising from oil spills or the rights and 
        responsibilities of the United States or the State of 
        Alaska, or municipalities thereof, to preserve and 
        protect the environment through regulation of land, 
        air, and water uses, of safety, and of related 
        development. The monitoring provided for by this 
        section shall be designed to help assure compliance 
        with applicable laws and regulations and shall only 
        extend to activities--
                  (A) that would affect or have the potential 
                to affect the vicinity of the terminal 
                facilities and the area of crude oil tanker 
                operations included in the Programs; and
                  (B) are subject to the United States or State 
                of Alaska, or municipality thereof, law, 
                regulation, or other legal requirement.
          (2) Recommendations.--This subsection is not intended 
        to prevent the Association or Council from recommending 
        to appropriate authorities that existing legal 
        requirements should be modified or that new legal 
        requirements should be adopted.
  (o) Alternative Voluntary Advisory Group in Lieu of 
Council.--The requirements of subsections (c) through (l), as 
such subsections apply respectively to the Prince William Sound 
Program and the Cook Inlet Program, are deemed to have been 
satisfied so long as the following conditions are met:
          (1) Prince william sound.--With respect to the Prince 
        William Sound Program, the Alyeska Pipeline Service 
        Company or any of its owner companies enters into a 
        contract for the duration of the operation of the 
        Trans-Alaska Pipeline System with the Alyeska Citizens 
        Advisory Committee in existence on the date of 
        enactment of this section, or a successor organization, 
        to fund that Committee or organization on an annual 
        basis in the amount provided for by subsection 
        (k)(2)(A) and the President annually certifies that the 
        Committee or organization fosters the general goals and 
        purposes of this section and is broadly representative 
        of the communities and interests in the vicinity of the 
        terminal facilities and Prince William Sound.
          (2) Cook inlet.--With respect to the Cook Inlet 
        Program, the terminal facilities, offshore facilities, 
        or crude oil tanker owners and operators enter into a 
        contract with a voluntary advisory organization to fund 
        that organization on an annual basis and the President 
        annually certifies that the organization fosters the 
        general goals and purposes of this section and is 
        broadly representative of the communities and interests 
        in the vicinity of the terminal facilities and Cook 
        Inlet.

           *       *       *       *       *       *       *

                              ----------                              


                          ACT OF JUNE 15, 1917

                              TITLE --II.

                 VESSELS IN PORTS OF THE UNITED STATES.

  Section 1. Whenever the President by proclamation or 
Executive order declares a national emergency to exist by 
reason of actual or threatened war, insurrection, or invasion, 
or disturbance or threatened disturbance of the international 
relations of the United States, or whenever the Attorney 
General determines that an actual or anticipated mass migration 
of aliens en route to, or arriving off the coast of, the United 
States presents urgent circumstances requiring an immediate 
Federal response, [the Secretary of the Treasury] the Secretary 
of the department in which the Coast Guard is operating may 
make, subject to the approval of the President, rules and 
regulations governing the anchorage and movement of any vessel, 
foreign or domestic, in the territorial waters of the United 
States, may inspect such vessel at any time, place guards 
thereon, and, if necessary in his opinion in order to secure 
such vessels from damage or injury, or to prevent damage or 
injury to any harbor or waters of the United States, or to 
secure the observance of the rights and obligations of the 
United States, may take, by and with the consent of the 
President, for such purposes, full possession and control of 
such vessel and remove therefrom the officers and crew thereof 
and all other persons not specially authorized by him to go or 
remain on board thereof.
   Whenever the President finds that the security of the United 
States is endangered by reason of actual or threatened war, or 
invasion, or insurrection, or subversive activity, or of 
disturbances or threatened disturbances of the international 
relations of the United States, the President is authorized to 
institute such measures and issue such rules and regulations--
          (a) to govern the anchorage and movement of any 
        foreign-flag vessels in the territorial waters of the 
        United States, to inspect such vessels at any time, to 
        place guards thereon, and, if necessary in his opinion 
        in order to secure such vessels from damage or injury, 
        or to prevent damage or injury to any harbor or waters 
        of the United States, or to secure the observance of 
        rights and obligations of the United States, may take 
        for such purposes full possession and control of such 
        vessels and remove therefrom the officers and crew 
        thereof, and all other persons not especially 
        authorized by him to go or remain on board thereof;
          (b) to safeguard against destruction, loss, or injury 
        from sabotage or other subversive acts, accidents, or 
        other causes of similar nature, vessels, harbors, 
        ports, and waterfront facilities in the United States 
        and all territory and water, continental or insular, 
        subject to the jurisdiction of the United States.
The President may delegate the authority to issue such rules 
and regulations to the Secretary of the department in which the 
Coast Guard is operating. Any appropriation available to any of 
the Executive Departments shall be available to carry out the 
provisions of this title.

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                              ----------                              


                         ACT OF MARCH 23, 1906

                       (Public Law Chapter 1130)

 AN ACT To regulate the construction of bridges over navigable waters.



           *       *       *       *       *       *       *
  Sec. 5. (a) That any persons who shall willfully fail or 
refuse to comply with the lawful order of the Secretary of the 
department in which the Coast Guard is operating or the Chief 
of Engineers, made in accordance with the provisions of this 
Act, shall be deemed guilty of a misdemeanor and on conviction 
thereof shall be punished in any court of competent 
jurisdiction by a fine not exceeding five thousand dollars, and 
every month such persons shall remain in default shall be 
deemed a new offense and subject such persons to additional 
penalties therefor; and in addition to the penalties above 
described the Secretary of the department in which the Coast 
Guard is operating and the Chief of Engineers may, upon refusal 
of the persons owning or controlling any such bridge and 
accessory works to comply with any lawful order issued by the 
Secretary of the department in which the Coast Guard is 
operating or Chief of Engineers in regard thereto, cause the 
removal of such bridge and accessory works at the expense of 
the persons owning or controlling such bridge, and suit for 
such expense may be brought in the name of the United States 
against such persons, and recovery had for such expense in any 
court of competent jurisdiction; and the removal of any 
structures erected or maintained in violation of the provisions 
of this Act or the order or direction of the Secretary of the 
department in which the Coast Guard is operating or Chief of 
Engineers made in pursuance thereof may be enforced by 
injunction, mandamus, or other summary process, upon 
application to the circuit court in the district in which such 
structure may, in whole or in part, exist, and proper 
proceedings to this end may be instituted under the direction 
of the Attorney-General of the United States at the request of 
the Secretary of the department in which the Coast Guard is 
operating; and in case of any litigation arising from any 
obstruction or alleged obstruction to navigation created by the 
construction of any bridge under this Act, the cause or 
question arising may be tried before the circuit court of the 
United States in any district which any portion of said 
obstruction or bridge touches.
  (b) Whoever violates any provision of this Act, or any order 
issued under this Act, shall be liable to a civil penalty of 
not more than [$5,000 for a violation occurring in 2004; 
$10,000 for a violation occurring in 2005; $15,000 for a 
violation occurring in 2006; $20,000 for a violation occurring 
in 2007; and] $25,000 for a violation occurring in 2008 and any 
year thereafter. Each day a violation continues shall be deemed 
a separate offense. No penalty may be assessed under this 
subsection until the person charged is given notice and an 
opportunity for a hearing on the charge. The Secretary of the 
department in which the Coast Guard is operating may assess and 
collect any civil penalty incurred under this subsection and, 
in his discretion, may remit, mitigate, or compromise any 
penalty until the matter is referred to the Attorney General. 
If a person against whom a civil penalty is assessed under this 
subsection fails to pay that penalty, an action may be 
commenced in the district court of the United States for any 
district in which the violation occurs for such penalty.

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                              ----------                              


                  ACT TO PREVENT POLLUTION FROM SHIPS



           *       *       *       *       *       *       *
  Sec. 5. (a) Except as provided in section 4(b)(1), the 
Secretary shall designate those persons authorized to issue on 
behalf of the United States the certificates required by the 
MARPOL Protocol. A certificate required by the MARPOL Protocol 
shall not be issued to a ship which is registered in or of the 
nationality of a country which is not a party to the MARPOL 
Protocol.
  (b) A certificate issued by a country which is a party to the 
MARPOL Protocol has the same validity as a certificate issued 
by the Secretary or the Administrator under the authority of 
this Act.
  (c) A ship required by the MARPOL Protocol to have a 
certificate--
          (1) shall carry a valid certificate onboard in the 
        manner prescribed by the authority issuing the 
        certificate; and
          (2) is subject to inspection while in a port or 
        terminal under the jurisdiction of the United States.
  (d) An inspection conducted under subsection (c)(2) of this 
section is limited to verifying whether or not a valid 
certificate is onboard, unless clear grounds exist which 
reasonably indicate that the condition of the ship or its 
equipment does not substantially agree with the particulars of 
its certificate. This section shall not limit the authority of 
any official or employee of the United States under any other 
treaty, law, or regulation to board and inspect a ship or its 
equipment.
  (e) In addition to the penalties prescribed in section 9 of 
the Act, a ship required by the MARPOL Protocol to have a 
certificate--
          (1) which does not have a valid certificate onboard; 
        or
          (2) whose condition or whose equipment's condition 
        does not substantially agree with the particulars of 
        the certificate onboard;
shall be detained by order of the Secretary at the port or 
terminal where the violation is discovered until, in the 
opinion of the Secretary, the ship can proceed to sea without 
presenting an unreasonable threat of harm to the marine 
environment or the public health and welfare. The detention 
order may authorize the ship to proceed to the nearest 
appropriate available shipyard rather than remaining at the 
place where the violation was discovered.
  [(f) If a ship is under a detention order under this section, 
the Secretary of the Tresury, upon the request of the 
Secretary, may refuse or revoke--
          [(1) the clearance required by section 4197 of the 
        Revised Statutes of the United States, as amended (46 
        U.S.C. 91); or
          [(2) a permit to proceed under section 4367 of the 
        Revised Statutes of the United States (46 U.S.C. 313) 
        or section 442 of the Tariff Act of 1930, as amended 
        (19 U.S.C. 1443).]
  (f) Ship Clearance; Refusal or Revocation.--If a ship is 
under a detention order under this section, the Secretary may 
refuse or revoke the clearance required by section 60105 of 
title 46, United States Code.
  (g) A person whose ship is subject to a detention order under 
this section may petition the Secretary, in the manner 
prescribed by regulation, to review the detention order. Upon 
receipt of a petition under this subsection, the Secretary 
shall affirm, modify, or withdraw the detention order within 
the time prescribed by regulation.
  (h) A ship unreasonably detained or delayed by the Secretary 
acting under the authority of this Act is entitled to 
compensation for any loss or damage suffered thereby.

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