§ 2302. Penalties for negligent operations and interfering with safe operation

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1983

   Pub. L. 98–89 · 97 Stat. 500

   Enacted · 46 U.S.C. § 2302

   Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 508

   Source evidence

   Code source credit
   Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 508

2. 1984

   Coast Guard Authorization Act of 1984

   Pub. L. 98–557 § 7(a) · 98 Stat. 2860

   1. Added · 46 U.S.C. § 2302(c); 46 U.S.C. § 2302(d)

      Pub. L. 98–557 added subsec. (c)

   2. Redesignated · 46 U.S.C. § 2302(c); 46 U.S.C. § 2302(d)

      Pub. L. 98–557 redesignated former subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 98–557 added subsec. (c) and redesignated former subsec. (c) as (d).

   Enacted provision · exact public law section
   (a) Section 2302 of title 46, United States Code, is amended by redesignating subsection (c) as subsection (d) and inserting immediately after subsection (b) the following: “(c) An individual who is intoxicated when operating a vessel, as determined under standards prescribed by the Secretary by regulation, shall be— “(1) liable to the United States Government for a civil penalty of not more than $1,000; or “(2) fined not more than $5,000, imprisoned for not more than one year, or both.”.

3. 1990

   Oil Pollution Act of 1990

   Pub. L. 101–380 § 4302(a)(1) · 104 Stat. 484

   Substituted · 46 U.S.C. § 2302(b)

   Pub. L. 101–380, § 4302(a)(1), substituted “commits a class A misdemeanor” for “shall be fined not more than $5,000, imprisoned for not more than one year, or both”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–380, § 4302(a)(1), substituted “commits a class A misdemeanor” for “shall be fined not more than $5,000, imprisoned for not more than one year, or both”.

   Enacted provision · exact public law section
   (1) in subsection (b) by striking “shall be fined not more than $5,000, imprisoned for not more than one year, or both.”, and inserting “commits a class A misdemeanor.”, and

4. 1990

   Oil Pollution Act of 1990

   Pub. L. 101–380 title IV · 104 Stat. 484

   1. Substituted · 46 U.S.C. § 2302(c)

      Pub. L. 101–380, §§ 4105(b)(2), 4302(a)(2)(A), substituted “under the influence of alcohol, or a dangerous drug in violation of a law of the United States” for “intoxicated”

   2. Struck · 46 U.S.C. § 2302(c)

      Pub. L. 101–380, §§ 4105(b)(2), 4302(a)(2)(A), struck out “, shall be” after “by the Secretary by regulation”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–380, §§ 4105(b)(2), 4302(a)(2)(A), substituted “under the influence of alcohol, or a dangerous drug in violation of a law of the United States” for “intoxicated” and struck out “, shall be” after “by the Secretary by regulation”.

   Enacted provision · exact public law
   TITLE IV— PREVENTION AND REMOVAL Subtitle A— Prevention SEC. 4101. REVIEW OF ALCOHOL AND DRUG ABUSE AND OTHER MATTERS IN ISSUING LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS’ DOCUMENTS. (a) Licenses and Certificates of Registry.— Section 7101 of title 46, United States Code, is amended by adding at the end the following: “(g) The Secretary may not issue a license or certificate of registry under this section unless an individual applying for the license or certificate makes available to the Secretary, under section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note), any 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. “(h) The Secretary may review the criminal record of an individual who applies for a license or certificate of registry under this section. “(i) The Secretary shall require the testing of an individual who applies for issuance or renewal of a license or certificate of registry under this chapter for use of a dangerous drug in violation of law or Federal regulation.”. (b) Merchant Mariners’ Documents.— Section 7302 of title 46, United States Code, is amended by adding at the end the following: “(c) The Secretary may not issue a merchant mariner’s document under this chapter unless the individual applying for the document makes available to the Secretary, under section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note), any 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. “(d) The Secretary may review the criminal record of an individual who applies for a merchant mariner’s document under this section. “(e) The Secretary shall require the testing of an individual applying for issuance or renewal of a merchant mariner’s document under this chapter for the use of a dangerous drug in violation of law or Federal regulation.”. SEC. 4102. TERM OF LICENSES, CERTIFICATES OF REGISTRY. AND MERCHANT MARINERS’ DOCUMENTS; CRIMINAL RECORD RE-VIEWS IN RENEWALS. (a) Licenses.— Section 7106 of title 46, United States Code, is amended by inserting “and may be renewed for additional 5-year periods” after “is valid for 5 years”. (b) Certificates of Registry.— Section 7107 of title 46, United States Code, is amended by striking “is not limited in duration.” and inserting “is valid for 5 years and may be renewed for additional 5-year periods.”. (c) Merchant Mariners’ Documents.— Section 7302 of title 46, United States Code, is amended by adding at the end the following: “(f) A merchant mariner’s document issued under this chapter is valid for 5 years and may be renewed for additional 5-year periods.”. (d) Termination of Existing Licenses, Certificates, and Documents.— A license, certificate of registry, or merchant mariner’s document issued before the date of the enactment of this section terminates on the day it would have expired if— (1) subsections (a), (b), and (c) were in effect on the date it was issued; and (2) it was renewed at the end of each 5-year period under section 7106, 7107, or 7302 of title 46, United States Code. (e) Criminal Record Review in Renewals of Licenses and Certificates of Registry.— (1) In general.— Section 7109 of title 46, United States Code, is amended to read as follows: “§ 7109. Review of criminal records “The Secretary may review the criminal record of each holder of a license or certificate of registry issued under this part who applies for renewal of that license or certificate of registry.”. (2) Clerical amendment.— The analysis for chapter 71 of title 46, United States Code, is amended by striking the item relating to section 7109 and inserting the following: “7109. Review of criminal records.”. SEC. 4103. SUSPENSION AND REVOCATION OF LICENSES, CERTIFICATES OF REGISTRY. AND MERCHANT MARINERS’ DOCUMENTS FOR ALCOHOL AND DRUG ABUSE. (a) Availability of Information in National Driver Register.— (1) In general.— Section 7702 of title 46, United States Code, is amended by adding at the end the following: “(c) (1) The Secretary shall request a holder of a license, certificate of registry, or merchant mariner’s document to make available to the Secretary, under section 206(b)(4) of the National Driver Register Act of 1982 (23 U.S.C. 401 note), all information contained in the National Driver Register related to an offense described in section 205(a)(3) (A) or (B) of that Act committed by the individual. “(2) The Secretary shall require the testing of the holder of a license, certificate of registry, or merchant mariner’s document for use of alcohol and dangerous drugs in violation of law or Federal regulation. The testing may include preemployment (with respect to dangerous drugs only), periodic, random, reasonable cause, and post accident testing. “(d) (1) The Secretary may temporarily, for not more than 45 days, suspend and take possession of the license, certificate of registry, or merchant mariner’s document held by an individual if, when acting under the authority of that license, certificate, or document— “(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 performed the safety sensitive function in violation of law or Federal regulation regarding use of alcohol or a dangerous drug; “(ii) has been convicted of an offense that would prevent the issuance or renewal of the license, certificate, or document; or “(iii) within the 3-year period preceding the initiation of a suspension proceeding, has been convicted of an offense described in section 205(a)(3) (A) or (B) of the National Driver Register Act of 1982. “(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.”. (2) Definition of dangerous drug.— (A) Section 2101 of title 46, United States Code, is amended by inserting after paragraph (8) the following new paragraph: “(8a) ‘dangerous drug’ means a narcotic drug, a controlled substance, or a controlled substance analog (as defined in section 102 of the Comprehensive Drug Abuse and Control Act of 1970 (21 U.S.C. 802)).”. (B) Sections 7503(a) and 7704(a) of title 46, United States Code, are repealed. (b) Bases for Suspension or Revocation.— Section 7703 of title 46, United States Code, is amended to read as follows: “§ 7703. Bases for suspension or revocation “A license, certificate of registry, or merchant mariner’s document issued by the Secretary may be suspended or revoked if the holder— “(1) when acting under the authority of that license, certificate, or document— “(A) has violated or fails to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters; or “(B) has committed an act of incompetence, misconduct, or negligence; “(2) is convicted of an offense that would prevent the issuance or renewal of a license, certificate of registry, or merchant mariner’s document; or “(3) within the 3-year period preceding the initiation of the suspension or revocation proceeding is convicted of an offense described in section 205(a)(3) (A) or (B) of the National Driver Register Act of 1982 (23 U.S.C. 401 note).”. (c) Termination of Revocation.— Section 7701(c) of title 46, United States Code, is amended to read as follows: “(c) When a license, certificate of registry, or merchant mariner’s document has been revoked under this chapter, the former holder may be issued a new license, certificate of registry, or merchant mariner’s document only after— “(1) the Secretary decides, under regulations prescribed by Regulations. the Secretary, that the issuance is compatible with the requirement of good discipline and safety at sea; and “(2) the former holder provides satisfactory proof that the bases for revocation are no longer valid.”. SEC. 4104. REMOVAL OF MASTER OR INDIVIDUAL IN CHARGE. Section 8101 of title 46, United States Code, is amended by adding at the end the following: “(i) When the 2 next most senior licensed officers on a vessel reasonably believe that the master or individual in charge of the vessel is under the influence of alcohol or a dangerous drug and is incapable of commanding the vessel, the next most senior master, mate, or operator licensed under section 7101(c) (1) or (3) of this title shall— “(1) temporarily relieve the master or individual in charge; “(2) temporarily take command of the vessel; “(3) in the case of a vessel required to have a log under chapter 113 of this title, immediately enter the details of the incident in the log; and “(4) report those details to the Secretary— “(A) by the most expeditious means available; and “(B) in written form transmitted within 12 hours after the vessel arrives at its next port.”. SEC. 4105. ACCESS TO NATIONAL DRIVER REGISTER. (a) Access to Register.— Section 206(b) of the National Driver Register Act of 1982 (23 U.S.C. 401 note) is amended— (1) by redesignating the second paragraph (5) (as added to the end of that section by section 4(b)(1) of the Rail Safety Improvement Act of 1988) as paragraph (6); and (2) by adding at the end the following: “(7) (A) Any individual who holds or who has applied for a license or certificate of registry under section 7101 of title 46, United States Code, or a merchant mariner’s document under section 7302 of title 46, United States Code, may request the chief driver licensing official of a State to transmit to the Secretary of the department in which the Coast Guard is operating in accordance with subsection (a) information regarding the motor vehicle driving record of the individual. “(B) The Secretary— “(i) may receive information transmitted by the chief driver licensing official of a State pursuant to a request under subparagraph (A); “(ii) shall make the information available to the individual for review and written comment before denying, suspending, or revoking the license, certificate of registry, or merchant mariner’s document of the individual based on that information and before using that information in any action taken under chapter 77 of title 46, United States Code; and “(iii) may not otherwise divulge or use that information, except for the purposes of section 7101, 7302, or 7703 of title 46, United States Code. “(C) Information regarding the motor vehicle driving record of an individual may not be transmitted to the Secretary under this paragraph if the information was entered in the Register more than 3 years before the date of the request for the information, unless the information relates to revocations or suspensions that are still in effect on the date of the request. Information submitted to the Register by States under the Act of July 14, 1960 (74 Stat. 526), or under this title shall be subject to access for the purpose of this paragraph during the transition to the Register described under section 203(c) of this title.”. (b) Conforming Amendments.— (1) Review of information received from register.— Chapter 75 of title 46, United States Code, is amended by adding at the end the following: “§ 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) 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.”. (2) Penalty for negligent operation of vessel.— Section 2302(c) of title 46, United States Code, is amended by striking “intoxicated” and inserting “under the influence of alcohol, or a dangerous drug in violation of a law of the United States”. (c) Clerical Amendment.— The analysis for chapter 75 of title 46, United States Code, is amended by adding at the end the following: “7505. Review of information in National Driver Register.”. SEC. 4106. MANNING STANDARDS FOR FOREIGN TANK VESSELS. (a) Standards for Foreign Tank Vessels.— Section 9101(a) of title 46, United States Code, is amended to read as follows: “(a) (1) The Secretary shall evaluate the manning, training, qualification, and watchkeeping standards of a foreign country that issues documentation for any vessel to which chapter 37 of this title applies— “(A) on a periodic basis; and “(B) when the vessel is involved in a marine casualty required to be reported under section 6101(a) (4) or (5) of this title. “(2) After each evaluation made under paragraph (1) of this subsection, the Secretary shall determine whether— “(A) the foreign country has standards for licensing and certification of seamen that are at least equivalent to United States law or international standards accepted by the United States; and “(B) those standards are being enforced. “(3) If the Secretary determines under this subsection that a country has failed to maintain or enforce standards at least equivalent to United States law or international standards accepted by the United States, the Secretary shall prohibit vessels issued documentation by that country from entering the United States until the Secretary determines those standards have been established and are being enforced. “(4) The Secretary may allow provisional entry of a vessel prohibited from entering the United States under paragraph (3) of this subsection if— “(A) the owner or operator of the vessel establishes, to the satisfaction of the Secretary, that the vessel is not unsafe or a threat to the marine environment; or “(B) the entry is necessary for the safety of the vessel or individuals on the vessel.”. (b) Reporting Marine Casualties.— (1) Reporting requirement.— Section 6101(a) of title 46, United States Code, is amended by adding at the end the following: “(5) significant harm to the environment.”. (2) Application to foreign vessels.— Section 6101(d) of title 46, United States Code, is amended— (A) by inserting “(1)” before “This part”; and (B) by adding at the end the following: “(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.”. (c) Technical and Conforming Amendments.— Section 9(a) of the Ports and Waterways Safety Act (33 U.S.C. 1228(a)) is amended— (1) in the matter preceding paragraph (1), by striking “section 4417a of the Revised Statutes, as amended,” and inserting “chapter 37 of title 46, United States Code,”; (2) in paragraph (2), by striking “section 4417a of the Revised Statutes, as amended,” and inserting “chapter 37 of title 46, United States Code,”; and (3) in paragraph (5), by striking “section 4417a(ll) of the Revised Statutes, as amended,” and inserting “section 9101 of title 46, United States Code,”. SEC. 4107. VESSEL TRAFFIC SERVICE SYSTEMS. (a) In General.— Section 4(a) of the Ports and Waterways Safety Act (33 U.S.C. 1223(a)) is amended— (1) by striking “Secretary may—” and inserting “Secretary—”; (2) in paragraph (1) by striking “establish, operate, and maintain” and inserting “may construct, operate, maintain, improve, or expand”; (3) in paragraph (2) by striking “require” and inserting “shall require appropriate”; (4) in paragraph (3) by inserting “may” before “require”; (5) in paragraph (4) by inserting “may” before “control”; and (6) in paragraph (5) by inserting “may” before “require”. (b) Direction of Vessel Movement.— (1) Study.— The Secretary shall conduct a study— (A) of whether the Secretary should be given additional authority to direct the movement of vessels on navigable waters and should exercise such authority; and (B) to determine and prioritize the United States ports and channels that are in need of new, expanded, or improved vessel traffic service systems, by evaluating— (i) the nature, volume, and frequency of vessel traffic; (ii) the risks of collisions, spills, and damages associated with that traffic; (iii) the impact of installation, expansion, or improvement of a vessel traffic service system; and (iv) all other relevant costs and data. (2) 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 paragraph (1) and recommendations for implementing the results of that study. SEC. 4108. GREAT LAKES PILOTAGE. (a) Individuals Who May Serve as Pilot on Undesignated Great Lake Waters.— Section 9302(b) of title 46, United States Code, is amended to read as follows: “(b) A member of the complement of a vessel of the United States operating on register or of a vessel of Canada may serve as the pilot required on waters not designated by the President if the member is licensed under section 7101 of this title, or under equivalent provisions of Canadian law, to direct the navigation of the vessel on the waters being navigated.”. (b) Penalties.— Section 9308 of title 46, United States Code, is amended in each of subsections (a), (b), and (c) by striking “$500” and inserting “no more than $10,000”. SEC. 4109. PERIODIC GAUGING OF PLATING THICKNESS OF COMMERCIAL VESSELS. Not later than 1 year after the date of the enactment of this Act, Regulations. the Secretary shall issue regulations for vessels constructed or adapted to carry, or that carry, oil in bulk as cargo or cargo residue— (1) establishing minimum standards for plating thickness; and (2) requiring, consistent with generally recognized principles of international law, periodic gauging of the plating thickness of all such vessels over 30 years old operating on the navigable waters or the waters of the exclusive economic zone. SEC. 4110. OVERFILL AND TANK LEVEL OR PRESSURE MONITORING DEVICES. (a) Standards.— Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish, by regulation, minimum standards for devices for warning persons of overfills and tank levels of oil in cargo tanks and devices for monitoring the pressure of oil cargo tanks. (b) Use.— Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue regulations establishing, consistent with generally recognized principles of international law, requirements concerning the use of— (1) overfill devices, and (2) tank level or pressure monitoring devices, which are referred to in subsection (a) and which meet the standards established by the Secretary under subsection (a), on vessels constructed or adapted to carry, or that carry, oil in bulk as cargo or cargo residue on the navigable waters and the waters of the exclusive economic zone. SEC. 4111. STUDY ON TANKER NAVIGATION SAFETY STANDARDS. (a) In General.— Not later than 1 year after the date of enactment of this Act, the Secretary shall initiate a study to determine whether existing laws and regulations are adequate to ensure the safe navigation of vessels transporting oil or hazardous substances in bulk on the navigable waters and the waters of the exclusive economic zone. (b) Content.— In conducting the study required under subsection (a), the Secretary shall— (1) determine appropriate crew sizes on tankers; (2) evaluate the adequacy of qualifications and training of crewmembers on tankers; (3) evaluate the ability of crewmembers on tankers to take emergency actions to prevent or remove a discharge of oil or a hazardous substance from their tankers; (4) evaluate the adequacy of navigation equipment and systems on tankers (including sonar, electronic chart display, and satellite technology); (5) evaluate and test electronic means of position-reporting and identification on tankers, consider the minimum standards suitable for equipment for that purpose, and determine whether to require that equipment on tankers; (6) evaluate the adequacy of navigation procedures under different operating conditions, including such variables as speed, daylight, ice, tides, weather, and other conditions; (7) evaluate whether areas of navigable waters and the exclusive economic zone should be designated as zones where the movement of tankers should be limited or prohibited; (8) evaluate whether inspection standards are adequate; (9) review and incorporate the results of past studies, including studies conducted by the Coast Guard and the Office of Technology Assessment; (10) evaluate the use of computer simulator courses for training bridge officers and pilots of vessels transporting oil or hazardous substances on the navigable waters and waters of the exclusive economic zone, and determine the feasibility and practicality of mandating such training; (11) evaluate the size, cargo capacity, and flag nation of tankers transporting oil or hazardous substances on the navigable waters and the waters of the exclusive economic zone— (A) identifying changes occurring over the past 20 years in such size and cargo capacity and in vessel navigation and technology; and (B) evaluating the extent to which the risks or difficulties associated with tanker navigation, vessel traffic control, accidents, oil spills, and the containment and cleanup of such spills are influenced by or related to an increase in tanker size and cargo capacity; and (12) evaluate and test a program of remote alcohol testing for masters and pilots aboard tankers carrying significant quantities of oil. (c) Report.— Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to the Congress a report on the results of the study conducted under subsection (a), including recommendations for implementing the results of that study. SEC. 4112. DREDGE MODIFICATION STUDY. (a) Study.— The Secretary of the Army shall conduct a study and demonstration to determine the feasibility of modifying dredges to make them usable in removing discharges of oil and hazardous substances. (b) Report.— Not later than 1 year after the date of enactment of this Act, the Secretary of the Army shall submit to the Congress a report on the results of the study conducted under subsection (a) and recommendations for implementing the results of that study. SEC. 4113. USE OF LINERS. (a) Study.— The President shall conduct a study to determine whether liners or other secondary means of containment should be used to prevent leaking or to aid in leak detection at onshore facilities used for the bulk storage of oil and located near navigable waters. (b) Report.— Not later than 1 year after the date of enactment of this Act, the President shall submit to the Congress a report on the results of the study conducted under subsection (a) and recommendations to implement the results of the study. (c) Implementation.— Not later than 6 months after the date the report required under subsection (b) is submitted to the Congress, the President shall implement the recommendations contained in the report. SEC. 4114. TANK VESSEL MANNING. (a) Rulemaking.— In order to protect life, property, and the environment, the Secretary shall initiate a rulemaking proceeding within 180 days after the date of the enactment of this Act to define the conditions under, and designate the waters upon, which tank vessels subject to section 3703 of title 46, United States Code, may operate in the navigable waters with the auto-pilot engaged or with an unattended engine room. (b) Watches.— Section 8104 of title 46, United States Code, is amended by adding at the end the following new subsection: “(n) On a tanker, a licensed individual or seaman may not be permitted to work more than 15 hours in any 24-hour period, or more than 36 hours in any 72-hour period, except in an emergency or a drill. In this subsection, ‘work’ includes any administrative duties associated with the vessel whether performed on board the vessel or onshore.”. (c) Manning Requirement.— Section 8101(a) of title 46, United States Code, is amended— (1) by striking “and” at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting “; and”; and (3) by adding at the end the following new paragraph: “(3) a tank vessel shall consider the navigation, cargo handling, and maintenance functions of that vessel for protection of life, property, and the environment.”. (d) Standards.— Section 9102(a) of title 46, United States Code, is amended— (1) by striking “and” at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting “; and”, and (3) by adding at the end the following new paragraph: “(8) instruction in vessel maintenance functions.”. (e) Records.— Section 7502 of title 46, United States Code, is amended by striking “maintain records” and inserting “maintain computerized records”. SEC. 4115. ESTABLISHMENT OF DOUBLE HULL REQUIREMENT FOR TANK VESSELS. (a) Double Hull Requirement.— Chapter 37 of title 46, United States Code, is amended by inserting after section 3703 the following new section: “§ 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 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; or “(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. “(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 under section 4136 of the Revised Statutes of the United States (46 App. U.S.C. 14). “(2) A vessel of less than 5,000 gross tons for which a building contract or contract for major conversion was placed before June 30, 1990, and that is delivered under that contract before January 1, 1994, and a vessel of less than 5,000 gross tons that had its appraised salvage value determined by the Coast Guard before June 30, 1990, and that qualifies for documentation under section 4136 of the Revised Statutes of the United States (46 App. U.S.C. 14) 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 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 for documentation under section 4136 of the Revised Statutes of the United States (46 App. U.S.C. 14) 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— “(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— “(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 bull, 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— “(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. “(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.”. (b) Rulemaking.— The Secretary shall, within 12 months after the date of the enactment of this Act, complete a rulemaking proceeding and issue a final rule to require that tank vessels over 5,000 gross tons affected by section 3703a of title 46, United States Code, as added by this section, comply until January 1, 2015, with structural and operational requirements that the Secretary determines will provide as substantial protection to the environment as is economically and technologically feasible. (c) Clerical Amendment.— The analysis for chapter 37 of title 46, United States Code, is amended by inserting after the item relating to section 3703 the following: “3703a. Tank vessel construction standards.”. (d) Lightering Requirements.— Section 3715(a) of title 46, United States Code, is amended— (1) in paragraph (1), by striking “; and” and inserting a semicolon; (2) in paragraph (2), by striking the period and inserting “; and”; and (3) by adding at the end the following: “(3) the delivering and the receiving vessel had on board at the time of transfer, a certificate of financial responsibility as would have been required under section 1016 of the Oil Pollution Act of 1990, had the transfer taken place in a place subject to the jurisdiction of the United States; “(4) the delivering and the receiving vessel had on board at the time of transfer, evidence that each vessel is operating in compliance with section 3110) of the Federal Water Pollution Control Act (33 U.S.C. 13210)); and “(5) the delivering and the receiving vessel are operating in compliance with section 3703a of this title.”. (e) Secretarial Studies.— (1) Other requirements.— Not later than 6 months after the date of enactment of this Act, the Secretary shall determine, based on recommendations from the National Academy of Sciences or other qualified organizations, whether other structural and operational tank vessel requirements will provide protection to the marine environment equal to or greater than that provided by double hulls, and shall report to the Congress that determination and recommendations for legislative action. (2) Review and assessment.— The Secretary shall— (A) periodically review recommendations from the National Academy of Sciences and other qualified organizations on methods for further increasing the environmental and operational safety of tank vessels; (B) not later than 5 years after the date of enactment of this Act, assess the impact of this section on the safety of the marine environment and the economic viability and operational makeup of the maritime oil transportation industry; and (C) report the results of the review and assessment to the Reports. Congress with recommendations for legislative or other action. (f) Vessel Financing.— Section 1104 of the Merchant Marine Act of 1936 (46 App. U.S.C. 1274) is amended— (1) by striking “Sec.1104.” and inserting “Sec. 1104A.”; and (2) by inserting after section 1104A (as redesignated by paragraph (1)) the following: “Sec. 1104B. (a) Notwithstanding the provisions of this title, 46 USC app. 1274a. except as provided in subsection (d) of this section, the Secretary, upon the terms the Secretary may prescribe, may guarantee or make a commitment to guarantee, payment of the principal of and interest on an obligation which aids in financing and refinancing, including reimbursement to an obligor for expenditures previously made, of a contract for construction or reconstruction of a vessel or vessels owned by citizens of the United States which are designed and to be employed for commercial use in the coastwise or intercoastal trade or in foreign trade as defined in section 905 of this Act if— “(1) the construction or reconstruction by an applicant is made necessary to replace vessels the continued operation of which is denied by virtue of the imposition of a statutorily mandated change in standards for the operation of vessels, and where, as a matter of law, the applicant would otherwise be denied the right to continue operating vessels in the trades in which the applicant operated prior to the taking effect of the statutory or regulatory change; “(2) the applicant is presently engaged in transporting car-goes in vessels of the type and class that will be constructed or reconstructed under this section, and agrees to employ vessels constructed or reconstructed under this section as replacements only for vessels made obsolete by changes in operating standards imposed by statute; “(3) the capacity of the vessels to be constructed or reconstructed under this title will not increase the cargo carrying capacity of the vessels being replaced; “(4) the Secretary has not made a determination that the market demand for the vessel over its useful life will diminish so as to make the granting of the guarantee fiduciarily imprudent; and “(5) the Secretary has considered the provisions of section 1104A(d)(1)(A) (iii), (iv), and (v) of this title. “(b) For the purposes of this section— “(1) the maximum term for obligations guaranteed under this program may not exceed 25 years; “(2) obligations guaranteed may not exceed 75 percent of the actual cost or depreciated actual cost to the applicant for the construction or reconstruction of the vessel; and “(3) reconstruction cost obligations may not be guaranteed unless the vessel after reconstruction will have a useful life of at least 15 years. “(c) (1) The Secretary shall by rule require that the applicant provide adequate security against default. The Secretary may, in addition to any fees assessed under section 1104A(e), establish a Vessel Replacement Guarantee Fund into which shall be paid by obligors under this section— “(A) annual fees which may be an additional amount on the loan guarantee fee in section 1104A(e) not to exceed an additional 1 percent; or “(B) fees based on the amount of the obligation versus the percentage of the obligor’s fleet being replaced by vessels constructed or reconstructed under this section. “(2) The Vessel Replacement Guarantee Fund shall be a subaccount in the Federal Ship Financing Fund, and shall— “(A) be the depository for all moneys received by the Secretary under sections 1101 through 1107 of this title with respect to guarantee or commitments to guarantee made under this section; “(B) not include investigation fees payable under section 1104A(f) which shall be paid to the Federal Ship Financing Fund; and “(C) be the depository, whenever there shall be outstanding any notes or obligations issued by the Secretary under section 1105(d) with respect to the Vessel Replacement Guarantee Fund, for all moneys received by the Secretary under sections 1101 through 1107 from applicants under this section. “(d) The program created by this section shall, in addition to the requirements of this section, be subject to the provisions of sections 1101 through 1103; 1104A(b) (1), (4), (5), (6); 1104A(e); 1104A(f); 1104A(h); and 1105 through 1107; except that the Federal Ship Financing Fund is not liable for any guarantees or commitments to guarantee issued under this section.”. SEC. 4116. PILOTAGE. (a) Pilot Required.— Section 8502(g) of title 46, United States Code, is amended to read as follows: “(g) (1) The Secretary shall designate by regulation the areas of the approaches to and waters of Prince William Sound, Alaska, if any, on which a vessel subject to this section is not required to be under the direction and control of a pilot licensed under section 7101 of this title. “(2) In any area of Prince William Sound, Alaska, where a vessel subject to this section is required to be under the direction and control of a pilot licensed under section 7101 of this title, the pilot may not be a member of the crew of that vessel and shall be a pilot licensed by the State of Alaska who is operating under a Federal license, when the vessel is navigating waters between 60’49’ North latitude and the Port of Valdez, Alaska.”. (b) Second Person Required.— Section 8502 of title 46, United States Code, is amended by adding at the end the following: “(h) The Secretary shall designate waters on which tankers over 1,600 gross tons subject to this section shall have on the bridge a master or mate licensed to direct and control the vessel under section 7101(c)(1) of this title who is separate and distinct from the pilot required under subsection (a) of this section.”. (c) Escorts for Certain Tankers.— Not later than 6 months after Regulations. Alaska. Washington. 46 USC 3703 note. the date of the enactment of this Act, the Secretary shall initiate issuance of regulations under section 3703(a)(3) of title 46, United States Code, to define those areas, including Prince William Sound, Alaska, and Rosario Strait and Puget Sound, Washington (including those portions of the Strait of Juan de Fuca east of Port Angeles, Haro Strait, and the Strait of Georgia subject to United States jurisdiction), on which single hulled tankers over 5,000 gross tons transporting oil in bulk shall be escorted by at least two towing vessels (as defined under section 2101 of title 46, United States Code) or other vessels considered appropriate by the Secretary. (d) Tanker Defined.— In this section the term “tanker” has the 46 USC 3703 note. same meaning the term has in section 2101 of title 46, United States Code. SEC. 4117. MARITIME POLLUTION PREVENTION TRAINING PROGRAM STUDY. The Secretary shall conduct a study to determine the feasibility of a Maritime Oil Pollution Prevention Training program to be carried out in cooperation with approved maritime training institutions. The study shall assess the costs and benefits of transferring suitable vessels to selected maritime training institutions, equipping the vessels for oil spill response, and training students in oil pollution response skills. The study shall be completed and transmitted to the Congress no later than one year after the date of the enactment of this Act. SEC. 4118. VESSEL COMMUNICATION EQUIPMENT REGULATIONS. The Secretary shall, not later than one year after the date of the enactment of this Act, issue regulations necessary to ensure that vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act of 1971 (33 U.S.C. 1203) are also equipped as necessary to— (1) receive radio marine navigation safety warnings; and (2) engage in radio communications on designated frequencies with the Coast Guard, and such other vessels and stations as may be specified by the Secretary. Subtitle B— Removal SEC. 4201. FEDERAL REMOVAL AUTHORITY. (a) In General.— Subsection (c) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321(c)) is amended to read as follows: “(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. “(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. “(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.”. (b) National Contingency Plan.— Subsection (d) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)) is amended to read as follows: “(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 co-ordination 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.”. (b) Definitions.— Section 311(a) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)) is amended— (1) in paragraph (8), by inserting “containment and” after “refers to”; and (2) in paragraph (16) by striking the period at the end and inserting a semicolon; (3) in paragraph (17)— (A) by striking “Otherwise” and inserting “otherwise”; and (B) by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: “(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); and “(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.”. (c) Revision of National Contingency Plan.— Not later than 33 USC 1321 note. one year after the date of the enactment of this Act, the President shall revise and republish the National Contingency Plan prepared under section 311(c)(2) of the Federal Water Pollution Control Act (as in effect immediately before the date of the enactment of this Act) to implement the amendments made by this section and section 4202. SEC. 4202. NATIONAL PLANNING AND RESPONSE SYSTEM. (a) In General.— Subsection (j) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended— (1) by striking “(j)” and inserting the following: “(j) National Response System.—”; (2) by moving paragraph (1) so as to begin immediately below the heading for subsection (j) (as added by paragraph (1) of this subsection); (3) by moving paragraph (1) two ems to the right, so the left margin of that paragraph is aligned with the left margin of paragraph (2) of that subsection (as added by paragraph (6) of this subsection); (4) in paragraph (1) by striking “(1)” and inserting the following: “(1) In general.— (5) by striking paragraph (2); and (6) by adding at the end the following: “(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), which shall be available to Federal and State agencies and the public; “(B) shall provide technical assistance, equipment, and other resources requested by a Federal On-Scene Coordinator; “(C) shall coordinate use of private and public personnel and equipment to remove a worst case discharge, and to mitigate or prevent a substantial threat of such a discharge, from a vessel, offshore facility, or onshore facility operating in or near an area designated by the President pursuant to paragraph (4); “(D) may provide technical assistance in the preparation of Area Contingency Plans required under paragraph (4); “(E) shall administer Coast Guard strike teams established under the National Contingency Plan; “(F) shall maintain on file all Area Contingency Plans approved by the President under this subsection; and “(G) shall review each of those plans that affects its responsibilities under this subsection. “(3) Coast guard district response groups.— (A) The Secretary of the department in which the Coast Guard is operating shall establish in each Coast Guard district a Coast Guard District Response Group. “(B) Each Coast Guard District Response Group shall consist of— “(i) the Coast Guard personnel and equipment, including firefighting equipment, of each port within the district; “(ii) additional prepositioned equipment; and “(iii) a district response advisory staff. “(C) Coast Guard district response groups— “(i) shall provide technical assistance, equipment, and other resources when required by a Federal On-Scene Coordinator; “(ii) shall maintain all Coast Guard response equipment within its district; “(iii) may provide technical assistance in the preparation of Area Contingency Plans required under paragraph (4); and “(iv) shall review each of those plans that affect its area of geographic responsibility. “(4) Area committees and area contingency plans.— (A) There is established for each area designated by the President an Area Committee comprised of members appointed by the President from qualified personnel of Federal, State, and local agencies. “(B) Each Area Committee, under the direction of the Federal On-Scene Coordinator for its area, shall— “(i) prepare for its area the Area Contingency Plan required under subparagraph (C); “(ii) work with State and local officials to enhance the contingency planning of those officials and to assure preplanning of joint response efforts, including appropriate procedures for mechanical recovery, dispersal, shoreline cleanup, protection of sensitive environmental areas, and protection, rescue, and rehabilitation of fisheries and wildlife; and “(iii) work with State and local officials to expedite decisions for the use of dispersants and other mitigating substances and devices. “(C) Each Area Committee shall prepare and submit to the President for approval an Area Contingency Plan for its area. The Area Contingency Plan shall— “(i) when implemented in conjunction with the National Contingency Plan, be adequate to remove a worst case discharge, and to mitigate or prevent a substantial threat of such a discharge, from a vessel, offshore facility, or onshore facility operating in or near the area; “(ii) describe the area covered by the plan, including the areas of special economic or environmental importance that might be damaged by a discharge; “(iii) describe in detail the responsibilities of an owner or operator and of Federal, State, and local agencies in removing a discharge, and in mitigating or preventing a substantial threat of a discharge; “(iv) list the equipment (including firefighting equipment), dispersants or other mitigating substances and devices, and personnel available to an owner or operator and Federal, State, and local agencies, to ensure an effective and immediate removal of a discharge, and to ensure mitigation or prevention of a substantial threat of a discharge; “(v) describe the procedures to be followed for obtaining an expedited decision regarding the use of dispersants; “(vi) describe in detail how the plan is integrated into other Area Contingency Plans and vessel, offshore facility, and onshore facility response plans approved under this subsection, and into operating procedures of the National Response Unit; “(vii) include any other information the President requires; and “(viii) be updated periodically by the Area Committee. “(D) The President shall— “(i) review and approve Area Contingency Plans under this paragraph; and “(ii) periodically review Area Contingency Plans so approved. “(5) Tank vessel and facility response plans.— (A) The President shall issue regulations which require an owner or operator of a tank vessel or facility described in subparagraph (B) to prepare and submit to the President a plan for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge, of oil or a hazardous substance. “(B) The tank vessels and facilities referred to in subparagraph (A) are the following: “(i) A tank vessel, as defined under section 2101 of title 46, United States Code. “(ii) An offshore facility. “(iii) An onshore facility that, because of its location, could reasonably be expected to cause substantial harm to the environment by discharging into or on the navigable waters, adjoining shorelines, or the exclusive economic zone. “(C) 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 maxi-mum extent practicable a worst case discharge (including a discharge resulting from fire or explosion), and to mitigate or prevent a substantial threat of such a discharge; “(iv) describe the training, equipment testing, periodic unannounced drills, and response actions of persons on the vessel or at the facility, to be carried out under the plan to ensure the safety of the vessel or facility and to mitigate or prevent the discharge, or the substantial threat of a discharge; “(v) be updated periodically; and “(vi) be resubmitted for approval of each significant change. “(D) With respect to any response plan submitted under this paragraph for an onshore facility that, because of its location, could reasonably be expected to cause significant and substantial harm to the environment by discharging into or on the navigable waters or adjoining shorelines or the exclusive economic zone, and with respect to each response plan submitted under this paragraph for a tank vessel or offshore facility, the President shall— “(i) promptly review such response plan; “(ii) require amendments to any plan that does not meet the requirements of this paragraph; “(iii) approve any plan that meets the requirements of this paragraph; and “(iv) review each plan periodically thereafter. “(E) A tank vessel, offshore facility, or onshore facility required to prepare a response plan under this subsection may not handle, store, or transport oil unless— “(i) in the case of a tank vessel, offshore facility, or onshore facility for which a response plan is reviewed by the President under subparagraph (D), the plan has been approved by the President; and “(ii) the vessel or facility is operating in compliance with the plan. “(F) Notwithstanding subparagraph (E), the President may authorize a tank vessel, offshore facility, or onshore facility to operate without a response plan approved under this para graph, until not later than 2 years after the date of the submission to the President of a plan for the tank vessel or facility, if the owner or operator certifies that the owner or operator has ensured by contract or other means approved by the President the availability of private personnel and equipment necessary to respond, to the maximum extent practicable, to a worst case discharge or a substantial threat of such a discharge. “(G) The owner or operator of a tank vessel, offshore facility, or onshore facility may not claim as a defense to liability under title I of the Oil Pollution Act of 1990 that the owner or operator was acting in accordance with an approved response plan. “(H) 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 that is a vessel of the United States. “(6) Equipment requirements and inspection.— Not later President of U.S. than 2 years after the date of enactment of this section, the President shall require— “(A) periodic inspection of containment booms, skimmers, vessels, and other major equipment used to remove dis charges; and “(B) vessels operating on navigable waters and carrying oil or a hazardous substance in bulk as cargo 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 President of U.S. drills of removal capability, without prior notice, in areas for which Area Contingency Plans are required under this subsection and under relevant tank vessel and 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”. (b) Implementation.— (1) Area committees and contingency plans.— (A) Not later 33 USC 1321 note. President of U.S. than 6 months after the date of the enactment of this Act, the President shall designate the areas for which Area Committees are established under section 311(j)(4) of the Federal Water Pollution Control Act, as amended by this Act. In designating such areas, the President shall ensure that all navigable waters, adjoining shorelines, and waters of the exclusive economic zone are subject to an Area Contingency Plan under that section. (B) Not later than 18 months after the date of the enactment of this Act, each Area Committee established under that section shall submit to the President the Area Contingency Plan required under that section. (C) Not later than 24 months after the date of the enactment of this Act, the President shall— (i) promptly review each plan; (ii) require amendments to any plan that does not meet the requirements of section 311(j)(4) of the Federal Water Pollution Control Act; and (iii) approve each plan that meets the requirements of that section. (2) National response unit.— Not later than one year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish a National Response Unit in accordance with section 311(j)(2) of the Federal Water Pollution Control Act, as amended by this Act. (3) Coast guard district response groups.— Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish Coast Guard District Response Groups in accordance with section 311(j)(3) of the Federal Water Pollution Control Act, as amended by this Act. (4) Tank vessel and facility response plans; transition provision; effective date of prohibition.— (A) Not later than 24 months after the date of the enactment of this Act, the President shall issue regulations for tank vessel and facility response plans under section 311(j)(5) of the Federal Water Pollution Control Act, as amended by this Act. (B) During the period beginning 30 months after the date of the enactment of this paragraph and ending 36 months after that date of enactment, a tank vessel or facility for which a response plan is required to be prepared under section 311(j)(5) of the Federal Water Pollution Control Act, as amended by this Act, may not handle, store, or transport oil unless the owner or operator thereof has submitted such a plan to the President. (C) Subparagraph (E) of section 311(j)(5) of the Federal Water Pollution Control Act, as amended by this Act, shall take effect 36 months after the date of the enactment of this Act. (c) State Law Not Preempted.— Section 311(o)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1321(o)(2)) is amended by inserting before the period the following: “, or with respect to any removal activities related to such discharge”. SEC. 4203. COAST GUARD VESSEL DESIGN. The Secretary shall ensure that vessels designed and constructed to replace Coast Guard buoy tenders are equipped with oil skimming systems that are readily available and operable, and that complement the primary mission of servicing aids to navigation. SEC. 4204. DETERMINATION OF HARMFUL QUANTITIES OF OIL AND HAZARDOUS SUBSTANCES. Section 311(b)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)(4)) is amended by inserting “or the environment” after “the public health or welfare”. SEC. 4205. COASTWISE OIL SPILL RESPONSE COOPERATIVES. Section 12106 of title 46, United States Code, is amended by adding at the end the following: “(d) (1) A vessel may be issued a certificate of documentation with a coastwise endorsement if— “(A) the vessel is owned by a not-for-profit oil spill response cooperative or by members of such a cooperative who dedicate the vessel to use by the cooperative; “(B) the vessel is at least 50 percent owned by persons or entities described in section 12102(a) of this title; “(C) the vessel otherwise qualifies under section 12106 to be employed in the coastwise trade; and “(D) use of the vessel is restricted to— “(i) the deployment of equipment, supplies, and personnel to recover, contain, or transport oil discharged into the navigable waters of the United States, or within the Exclusive Economic Zone, or “(ii) for training exercises to prepare to respond to such a discharge “(2) For purposes of the first proviso of section 27 of the Merchant Marine Act, 1920, section 2 of the Shipping Act of 1916, and section 12102(a) of this title, a vessel meeting the criteria of this subsection shall be considered to be owned exclusively by citizens of the United States.”. Subtitle C— Penalties and Miscellaneous SEC. 4301. FEDERAL WATER POLLUTION CONTROL ACT PENALTIES. (a) Notice to State and Failure To Report.— Section 311(b)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)(5)) is amended— (1) by inserting after the first sentence the following: “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.”; (2) by striking “fined not more than $10,000, or imprisoned for not more than one year, or both” and inserting “fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both”; and (3) in the last sentence by— (A) striking “or information obtained by the exploitation of such notification”; and (B) inserting “natural” before “person”. (b) Penalties for Discharges and Violations of Regulations.— Section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)) is amended by striking paragraph (6) and inserting the following new paragraphs: “(6) Administrative penalties.— “(A) Violations.— Any owner, operator, or person in charge of any vessel, onshore facility, or offshore facility— “(i) from which oil or a hazardous substance is discharged in violation of paragraph (3), or “(ii) who fails or refuses to comply with any regulation issued under subsection (j) to which that owner, operator, or person in charge is subject, may be assessed a class I or class II civil penalty by the Secretary of the department in which the Coast Guard is operating or the Administrator. “(B) Classes of penalties.— “(i) Class i.— The amount of a class I civil penalty under subparagraph (A) may not exceed $10,000 per violation, except that the maximum amount of any class I civil penalty under this subparagraph shall not exceed $25,000. Before assessing a civil penalty under this clause, the Administrator or Secretary, as the case may be, shall give to the person to be assessed such penalty written notice of the Administrator’s or Secretary’s proposal to assess the penalty and the opportunity to request, within 30 days of the date the notice is received by such person, a hearing on the proposed penalty. Such hearing shall not be subject to section 554 or 556 of title 5, United States Code, but shall provide a reasonable opportunity to be heard and to present evidence. “(ii) Class ii.— The amount of a class II civil penalty under subparagraph (A) may not exceed $10,000 per day for each day during which the violation continues; except that the maximum amount of any class II civil penalty under this subparagraph shall not exceed $125,000. Except as otherwise provided in this subsection, a class II civil penalty shall be assessed and collected in the same manner, and subject to the same provisions, as in the case of civil penalties assessed and collected after notice and opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code. The Administrator and Secretary may issue rules for discovery procedures for hearings under this paragraph. “(C) Rights of interested persons.— “(i) Public notice.— Before issuing an order assessing a class II civil penalty under this paragraph the Administrator or Secretary, as the case may be, shall provide public notice of and reasonable opportunity to comment on the proposed issuance of such order. “(ii) Presentation of evidence.— Any person who comments on a proposed assessment of a class II civil penalty under this paragraph shall be given notice of any hearing held under this paragraph and of the order assessing such penalty. In any hearing held under this paragraph, such person shall have a reasonable opportunity to be heard and to present evidence. “(iii) Rights of interested persons to a hearing.— If no hearing is held under subparagraph (B) before issuance of an order assessing a class II civil penalty under this paragraph, any person who commented on the proposed assessment may petition, within 30 days after the issuance of such order, the Administrator or Secretary, as the case may be, to set aside such order and to provide a hearing on the penalty. If the evidence presented by the petitioner in support of the petition is material and was not considered in the issuance of the order, the Administrator or Secretary shall imme-diately set aside such order and provide a hearing in accordance with subparagraph (B)(ii). If the Administrator or Secretary denies a nearing 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, District of Columbia. 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 Administrators 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 Courts, U.S. 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 Hazardous materials. 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.”, (c) Criminal Penalties.— Section 309(c) of the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) is amended by inserting after “308,” each place it appears the following: “311(b)(3),”. SEC. 4302. OTHER PENALTIES. (a) Negligent Operations.— Section 2302 of title 46, United States Code, is amended— (1) in subsection (b) by striking “shall be fined not more than $5,000, imprisoned for not more than one year, or both.”, and inserting “commits a class A misdemeanor.”, and (2) in subsection (c)— (A) by striking “, shall be” in the matter preceding paragraph (1); (B) by inserting “is” before “liable” in paragraph (1); and (C) by amending paragraph (2) to read as follows: “(2) commits a class A misdemeanor.”. (b) Inspections.— Section 3318 of title 46, United States Code, is amended— (1) in subsection (b) by striking “shall be fined not more than $10,000, imprisoned for not more than 5 years, or both.” and inserting “commits a class D felony.”; (2) in subsection (c) by striking “shall be fined not more than $5,000, imprisoned for not more than 5 years, or both.” and inserting “commits a class D felony.”; (3) in subsection (d) by striking “shall be fined not more than $5,000, imprisoned for not more than 5 years, or both.” and inserting “commits a class D felony.”; (4) in subsection (e) by striking “shall be fined not more than $10,000, imprisoned for not more than 2 years, or both.” and inserting “commits a class A misdemeanor.”; and (5) in the matter preceding paragraph (1) of subsection (f) by striking “shall be fined not less than $1,000 but not more than $10,000, and imprisoned for not less than 2 years but not more than 5 years,” and inserting “commits a class D felony.”. (c) Carriage of Liquid Bulk Dangerous Cargoes.— Section 3718 of title 46, United States Code, is amended— (1) in subsection (b) by striking “shall be fined not more than $50,000, imprisoned for not more than 5 years, or both.” and inserting “commits a class D felony.”; and (2) in subsection (c) by striking “shall be fined not more than $100,000, imprisoned for not more than 10 years, or both.” and inserting “commits a class C felony.”. (d) Load Lines.— Section 5116 of title 46, United States Code, is amended— (1) in subsection (d) by striking “shall be fined not more than $10,000, imprisoned for not more than one year, or both.” and inserting “commits a class A misdemeanor.”; and (2) in subsection (e) by striking “shall be fined not more than $10,000, imprisoned for not more than 2 years, or both.” and inserting “commits a class A misdemeanor.”. (e) Complement of Inspected Vessels.— Section 8101 of title 46, United States Code, is amended— (1) in subsection (e) by striking “$50” and inserting “$1,000”; (2) in subsection (f) by striking “$100, or, for a deficiency of a licensed individual, a penalty of $500.” and inserting “$10,000.”; and (3) in subsection (g) by striking “$500.” and inserting “$10,000.”. (f) Watches.— Section 8104 of title 46, United States Code, is amended— (1) in subsection (i) by striking “$100.” and inserting “$10,000.”; and (2) in subsection (j) by striking “$500.” and inserting “$10,000.”. (g) Coastwise Pilotage.— Section 8502 of title 46, United States Code, is amended— (1) in subsection (e) by striking “$500.” and inserting “$10,000.”; and (2) in subsection (f) by striking “$500.” and inserting “$10,000.”. (h) Foreign Commerce Pilotage.— Section 8503(e) of title 46, United States Code, is amended by striking “shall be fined not more than $50,000, imprisoned for not more than five years, or both.” and inserting “commits a class D felony.”. (i) Crew Requirements.— Section 8702(e) of title 46, United States Code, is amended by striking “$500.” and inserting “$10,000.”. (j) Ports and Waterways Safety Act.— Section 13(b) of the Port and Waterways Safety Act (33 U.S.C. 1232(b)) is amended— (1) in paragraph (1) by striking “shall be fined not more than $50,000 for each violation or imprisoned for not more than five years, or both.” and inserting “commits a class D felony.”; and (2) in paragraph (2) by striking “shall, in lieu of the penalties prescribed in paragraph (1), be fined not more than $100,000, or imprisoned for not more than 10 years, or both.” and inserting “commits a class C felony.”. (k) Vessel Navigation.— Section 4 of the Act of April 28, 1908 (33 U.S.C. 1236) is amended— (1) in subsection (b) by striking “$500.” and inserting “$5,000.”; (2) in subsection (c) by striking “$500,” and inserting “$5,000,”; and (3) in subsection (d) by striking “$250.” and inserting “$2,500.”. (l) Intervention on the High Seas Act.— Section 12(a) of the Intervention of the High Seas Act (33 U.S.C. 1481(a)) is amended— (1) in the matter preceding paragraph (1) by striking “Any person who” and inserting “A person commits a class A misdemeanor if that person”; and (2) in paragraph (3) by striking “, shall be fined not more than $10,000 or imprisoned not more than one year, or both”. (m) Deepwater Port Act of 1974.— Section 15(a) of the Deep-water Port Act of 1974 (33 U.S.C. 1514(a)) is amended by striking “shall on conviction be fined not more than $25,000 for each day of violation or imprisoned for not more than 1 year, or both.” and inserting “commits a class A misdemeanor for each day of violation.”. (n) Act To Prevent Pollution From Ships.— Section 9(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1908(a)) is amended by striking “shall, for each violation, be fined not more than $50,000 or be imprisoned for not more than 5 years, or both.” and inserting “commits a class D felony.”. 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) 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 had 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, 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. SEC. 4304. DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY TRUST FUND. Penalties paid pursuant to section 311 of the Federal Water Pollution Control Act, section 309(c) of that Act, as a result of violations of section 311 of that Act, and the Deepwater Port Act of 1974, shall be deposited in the Oil Spill Liability Trust Fund created under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509). SEC. 4305. INSPECTION AND ENTRY. Section 311(m) of the Federal Water Pollution Control Act (33 U.S.C. 1321(m)) is amended to read as follows: “(m) Administrative Provisions.— “(1) For vessels.— Anyone authorized by the President to enforce the provisions of this section with respect to any vessel may, except as to public vessels— “(A) board and inspect any vessel upon the navigable waters of the United States or the waters of the contiguous zone, “(B) with or without a warrant, arrest any person who in the presence or view of the authorized person violates the provisions of this section or any regulation issued thereunder, and “(C) execute any warrant or other process issued by an officer or court of competent jurisdiction. “(2) For facilities.— “(A) Recordkeeping.— Whenever required to carry out the purposes of this section, the Administrator or the Secretary of the Department in which the Coast Guard is operating shall require the owner or operator of a facility to which this section applies to establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment and methods, and provide such other information as the Administrator or Secretary, as the case may be, may require to carry out the objectives of this section. “(B) Entry and inspection.— Whenever required to carry out the purposes of this section, the Administrator or the Secretary of the Department in which the Coast Guard is operating or an authorized representative of the Adminis-trator 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 en-force 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.”. SEC. 4306. CIVIL ENFORCEMENT UNDER FEDERAL WATER POLLUTION CONTROL ACT. Section 311(e) of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended to read as follows: “(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.”.

5. 1990

   Oil Pollution Act of 1990

   Pub. L. 101–380 § 4302(a)(2)(B) · 104 Stat. 484

   Substituted · 46 U.S.C. § 2302(c)(1)

   Pub. L. 101–380, § 4302(a)(2)(B), substituted “is liable” for “liable”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 101–380, § 4302(a)(2)(B), substituted “is liable” for “liable”.

   Enacted provision · exact public law section
   (B) by inserting “is” before “liable” in paragraph (1); and (C) by amending paragraph (2) to read as follows: “(2) commits a class A misdemeanor.”.

6. 1990

   Oil Pollution Act of 1990

   Pub. L. 101–380 § 4302(a)(2)(C) · 104 Stat. 484

   Amended · 46 U.S.C. § 2302(c)(2)

   Pub. L. 101–380, § 4302(a)(2)(C), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “fined not more than $5,000, imprisoned for not more than one year, or both.”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 101–380, § 4302(a)(2)(C), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “fined not more than $5,000, imprisoned for not more than one year, or both.”

   Enacted provision · exact public law section
   (2) in subsection (c)— (A) by striking “, shall be” in the matter preceding paragraph (1); (B) by inserting “is” before “liable” in paragraph (1); and (C) by amending paragraph (2) to read as follows: “(2) commits a class A misdemeanor.”.

7. 1992

   Coast Guard Authorization Act of 1992

   Pub. L. 102–587 title V § 5102 · 106 Stat. 5039

   Substituted · 46 U.S.C. § 2302(c)(1)

   Pub. L. 102–587 substituted “$1,000 for a first violation and not more than $5,000 for a subsequent violation” for “$1,000”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 102–587 substituted “$1,000 for a first violation and not more than $5,000 for a subsequent violation” for “$1,000”.

   Enacted provision · exact public law section
   SEC. 5102. INCREASED PENALTIES FOR OPERATING A VESSEL WHILE INTOXICATED. Section 2302(c)(1) of title 46, United States Code, is amended by striking “$1,000;” and inserting “$1,000 for a first violation and not more than $5,000 for a subsequent violation;”.

8. 1998

   Coast Guard Authorization Act of 1998

   Pub. L. 105–383 § 302(a)(1) · 112 Stat. 3411

   Substituted · 46 U.S.C. § 2302

   Pub. L. 105–383, § 302(a)(1), substituted “Penalties for negligent operations and interfering with safe operation” for “Penalties for negligent operations” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 105–383, § 302(a)(1), substituted “Penalties for negligent operations and interfering with safe operation” for “Penalties for negligent operations” in section catchline.

   Enacted provision · exact public law section
   (1) by amending the section heading to read as follows: “§ 2302. Penalties for negligent operations and interfering with safe operation”; and

   Effective date note
   Pub. L. 105–383, title IV, § 408(b), Nov. 13, 1998, 112 Stat. 3431, provided that: “The amendment made by subsection (a) [amending this section] takes effect January 1, 1999.”

9. 1998

   Coast Guard Authorization Act of 1998

   Pub. L. 105–383 § 302(a)(2) · 112 Stat. 3411

   Substituted · 46 U.S.C. § 2302(a)

   Pub. L. 105–383, § 302(a)(2), substituted “or interfering with the safe operation of a vessel, so as to endanger” for “that endangers”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–383, § 302(a)(2), substituted “or interfering with the safe operation of a vessel, so as to endanger” for “that endangers”.

   Enacted provision · exact public law section
   (2) in subsection (a) by striking “that endangers” and inserting “or interfering with the safe operation of a vessel, so as to endanger”.

   Effective date note
   Pub. L. 105–383, title IV, § 408(b), Nov. 13, 1998, 112 Stat. 3431, provided that: “The amendment made by subsection (a) [amending this section] takes effect January 1, 1999.”

10. 1998

    Coast Guard Authorization Act of 1998

    Pub. L. 105–383 § 304(c) · 112 Stat. 3411

    Substituted · 46 U.S.C. § 2302(c)(1)

    Pub. L. 105–383, § 304(c), substituted “$5,000; or” for “$1,000 for a first violation and not more than $5,000 for a subsequent violation; or”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 105–383, § 304(c), substituted “$5,000; or” for “$1,000 for a first violation and not more than $5,000 for a subsequent violation; or”.

    Enacted provision · exact public law section
    (c) Increase in Negligence Penalty.— Section 2302(c)(1) of title 46, United States Code, is amended by striking “$1,000 for a first violation and not more than $5,000 for a subsequent violation; or” and inserting “$5,000; or”.

    Effective date note
    Pub. L. 105–383, title IV, § 408(b), Nov. 13, 1998, 112 Stat. 3431, provided that: “The amendment made by subsection (a) [amending this section] takes effect January 1, 1999.”

11. 1998

    Coast Guard Authorization Act of 1998

    Pub. L. 105–383 § 408(a) · 112 Stat. 3411

    Added · 46 U.S.C. § 2302(e)

    Pub. L. 105–383, § 408(a), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–383, § 408(a), added subsec. (e).

    Enacted provision · exact public law section
    (a) In General.— Section 2302 of title 46, United States Code, is amended by adding at the end the following new subsection: “(e) (1) A vessel may not transport Government-impelled cargoes if— “(A) the vessel has been detained and determined to be substandard by the Secretary for violation of an international safety convention to which the United States is a party, and the Secretary has published notice of that detention and determination in an electronic form, including the name of the owner of the vessel; or “(B) the operator of the vessel has on more than one occasion had a vessel detained and determined to be substandard by the Secretary for violation of an international safety convention to which the United States is a party, and the Secretary has published notice of that detention and determination in an electronic form, including the name of the owner of the vessel. “(2) The prohibition in paragraph (1) expires for a vessel on the earlier of— “(A) 1 year after the date of the publication in electronic form on which the prohibition is based; or “(B) any date on which the owner or operator of the vessel prevails in an appeal of the violation of the relevant international convention on which the detention is based. “(3) As used in this subsection, the term ‘Government-impelled cargo’ means cargo for which a Federal agency contracts directly for shipping by water or for which (or the freight of which) a Federal agency provides financing, including financing by grant, loan, or loan guarantee, resulting in shipment of the cargo by water,”.

    Effective date note
    Pub. L. 105–383, title IV, § 408(b), Nov. 13, 1998, 112 Stat. 3431, provided that: “The amendment made by subsection (a) [amending this section] takes effect January 1, 1999.”

12. 2002

    Coast Guard Personnel and Maritime Safety Act of 2002

    Pub. L. 107–295 title III § 325 · 116 Stat. 2064

    Substituted · 46 U.S.C. § 2302(a)

    Pub. L. 107–295 substituted “$5,000 in the case of a recreational vessel, or $25,000 in the case of any other vessel” for “$1,000”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–295 substituted “$5,000 in the case of a recreational vessel, or $25,000 in the case of any other vessel” for “$1,000”

    Enacted provision · exact public law section
    SEC. 325. PENALTIES FOR NEGLIGENT OPERATIONS AND INTERFERING WITH SAFE OPERATION. Section 2302(a) of title 46, United States Code, is amended by striking “$1,000.” and inserting “$5,000 in the case of a recreational vessel, or $25,000 in the case of any other vessel.”.

13. 2025

    Pub. L. 119–60 div. G title LXXIII § 7311 · 139 Stat. 1759

    Amended · 46 U.S.C. § 2302(b)

    Pub. L. 119–60 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “A person operating a vessel in a grossly negligent manner that endangers the life, limb, or property of a person commits a class A misdemeanor.”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 119–60 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “A person operating a vessel in a grossly negligent manner that endangers the life, limb, or property of a person commits a class A misdemeanor.”

11 of 15 references resolved to an enrolled provision · 3 partial · 1 unresolved