Pub. L. 115-282, tit. I, sec. 104
CHAPTER 3.
SEC. 104. CHAPTER 3.(a) Initial Matter.—Chapter 3 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:“CHAPTER 3—COMPOSITION AND ORGANIZATION “Sec. “301. Grades and ratings. “302. Commandant; appointment. “303. Retirement of Commandant or Vice Commandant. “304. Vice Commandant; appointment. “305. Vice admirals. “306. Retirement. “307. Vice admirals and admiral, continuity of grade. “308. Chief Acquisition Officer. “309. Office of the Coast Guard Reserve; Director. “310. Chief of Staff to President: appointment. “311. Captains of the port. “312. Prevention and response workforces. “313. Centers of expertise for Coast Guard prevention and response. “314. Marine industry training program. “315. Training course on workings of Congress. “316. National Coast Guard Museum. “317. United States Coast Guard Band; composition; director. “318. Environmental Compliance and Restoration Program.”. (b) Redesignations and Transfers.—(1) Requirement.—The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—(A) by redesignating the sections as described in the table; and(B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 3 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.(2) Table.—The table referred to in paragraph (1) is the following: 132 STAT. 4197 Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 41Grades and ratings301 44Commandant; appointment302 46Retirement of Commandant or Vice Commandant303 47Vice Commandant; appointment304 50Vice admirals305 51Retirement306 52Vice admirals and admiral, continuity of grade307 56Chief Acquisition Officer308 53Office of the Coast Guard Reserve; Director309 54Chief of Staff to President: appointment310 57Prevention and response workforces312 58Centers of expertise for Coast Guard prevention and response313 59Marine industry training program314 60Training course on workings of Congress315 98National Coast Guard Museum316 336United States Coast Guard Band; composition; director317 (c) Additional Changes.—(1) In general.—Chapter 3 of title 14, United States Code, is further amended—(A) by inserting after section 310 (as so redesignated and transferred under subsection (b)) the following:132 STAT. 4198 “§ 311. Captains of the port “Any officer, including any petty officer, may be designated by the Commandant as captain of the port or ports or adjacent high seas or waters over which the United States has jurisdiction, as the Commandant deems necessary to facilitate execution of Coast Guard duties.” ; and(B) by inserting after section 317 (as so redesignated and transferred under subsection (b)) the following:“§ 318. Environmental Compliance and Restoration Program“(a) Definitions.—For the purposes of this section—“(1) ‘environment’, ‘facility’, ‘person’, ‘release’, ‘removal’, ‘remedial’, and ‘response’ have the same meaning they have in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601);“(2) ‘hazardous substance’ has the same meaning it has in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601), except that it also includes the meaning given ‘oil’ in section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); and“(3) ‘pollutant’ has the same meaning it has in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).“(b) Program.—“(1) The Secretary shall carry out a program of environmental compliance and restoration at current and former Coast Guard facilities.“(2) Program goals include:“(A) Identifying, investigating, and cleaning up contamination from hazardous substances and pollutants.“(B) Correcting other environmental damage that poses an imminent and substantial danger to the public health or welfare or to the environment.“(C) Demolishing and removing unsafe buildings and structures, including buildings and structures at former Coast Guard facilities.“(D) Preventing contamination from hazardous substances and pollutants at current Coast Guard facilities.“(3)(A) The Secretary shall respond to releases of hazardous substances and pollutants—“(i) at each Coast Guard facility the United States owns, leases, or otherwise possesses;“(ii) at each Coast Guard facility the United States owned, leased, or otherwise possessed when the actions leading to contamination from hazardous substances or pollutants occurred; and“(iii) on each vessel the Coast Guard owns or operates.“(B) Subparagraph (A) of this paragraph does not apply to a removal or remedial action when a potentially responsible person responds under section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9622).“(C) The Secretary shall pay a fee or charge imposed by a State authority for permit services for disposing of hazardous substances or pollutants from Coast Guard facilities to the same extent that nongovernmental entities are required to pay for permit services. This subparagraph does not apply 132 STAT. 4199 to a payment that is the responsibility of a lessee, contractor, or other private person.“(4) The Secretary may agree with another Federal agency for that agency to assist in carrying out the Secretary’s responsibilities under this section. The Secretary may enter into contracts, cooperative agreements, and grant agreements with State and local governments to assist in carrying out the Secretary’s responsibilities under this section. Services that may be obtained under this paragraph include identifying, investigating, and cleaning up off-site contamination that may have resulted from the release of a hazardous substance or pollutant at a Coast Guard facility.“(5) Section 119 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9619) applies to response action contractors that carry out response actions under this section. The Coast Guard shall indemnify response action contractors to the extent that adequate insurance is not generally available at a fair price at the time the contractor enters into the contract to cover the contractor’s reasonable, potential, long-term liability.“(c) Amounts Recovered for Response Actions.—“(1) All sums appropriated to carry out the Coast Guard’s environmental compliance and restoration functions under this section or another law shall be credited or transferred to an appropriate Coast Guard account, as determined by the Commandant and remain available until expended.“(2) Funds may be obligated or expended from such account to carry out the Coast Guard’s environmental compliance and restoration functions under this section or another law.“(3) In proposing the budget for any fiscal year under section 1105 of title 31, the President shall set forth separately the amount requested for the Coast Guard’s environmental compliance and restoration activities under this section or another law.“(4) Amounts recovered under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9607) for the Secretary’s response actions at current and former Coast Guard facilities shall be credited to an appropriate Coast Guard account, as determined by the Commandant.“(d) Annual List of Projects to Congress.—The Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a prioritized list of projects eligible for environmental compliance and restoration funding for each fiscal year concurrent with the President’s budget submission for that fiscal year.” .(2) Conforming repeals.—Sections 634, 690, 691, 692, and 693 of title 14, United States Code, are repealed.