SAFETY MANAGEMENT CODE REPORT AND POLICY.

SEC. 306. SAFETY MANAGEMENT CODE REPORT AND POLICY. (a) Report on Implementation and Enforcement of the International Safety Management Code.— (1) The Secretary of Transportation (in this section referred to as the “Secretary”) shall conduct a study— (A) reporting on the status of implementation of the International Safety Management Code (hereafter referred to in this section as ‘Code’); (B) detailing enforcement actions involving the Code, including the role documents and reports produced pursuant to the Code play in such enforcement actions; (C) evaluating the effects the Code has had on marine safety and environmental protection, and identifying actions to further promote marine safety and environmental protection through the Code; (D) identifying actions to achieve full compliance with and effective implementation of the Code; and (E) evaluating the effectiveness of internal reporting and auditing under the Code, and recommending actions to ensure the accuracy and candidness of such reporting and auditing. These recommended actions may include proposed limits on the use in legal proceedings of documents produced pursuant to the Code. (2) The Secretary shall provide opportunity for the public to participate in and comment on the study conducted under paragraph (1). (3) Not later than 18 months 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). (b) Policy.— (1) Not later than 9 months after submission of the report in subsection (a)(3), the Secretary shall develop a policy to 112 STAT. 3421achieve full compliance with and effective implementation of the Code. The policy may include— (A) enforcement penalty reductions and waivers, limits on the use in legal proceedings of documents produced pursuant to the Code, or other incentives to ensure accurate and candid reporting and auditing; (B) any other measures to achieve full compliance with and effective implementation of the Code; and (C) if appropriate, recommendations to Congress for any legislation necessary to implement one or more elements of the policy. (2) The Secretary shall provide opportunity for the public to participate in the development of the policy in paragraph (1). (3) )Upon completion of the policy in paragraph (1), the Secretary shall publish the policy in the Federal Register and provide opportunity for public comment on the policy.