636 



the owner or operator or the licensee has been given 

 notice and opportunity for a hearing on such charge. 

 Each violation is a separate offense. The Secretary of 

 the Treasury shall withhold, at the request of the 

 Secretarv, the clearance required by section 91 of 

 Title 46, of any ves.^el the owner or operator of which 

 is sub.iect to the foregoing penalty. Clearance may be 

 granted in such ca=es upon the filing of a bond or 

 other surety satisfactory to the Secretary. 



(b) Oi! dischpr'^e: no' ifi ration: penalty; u.se of notifi- 

 cation in criminal cises limited. 

 Any individual in charge of a vessel or a deepwater 

 port shall notify the S?cretary as soon as he has 

 knowledge of a discharge of oil. Any such individual 

 who fails to, notify the Secretary immediately of such 

 discharge shall, upon conviction, be fined not more 

 than $10,000 or imprisoned for not more than 1 year, 

 or both. Notification received pursuant to this sub- 

 section, or informanun obtained by the use of such 

 notification, shall not be used against any such in- 

 dividual in any criminal case, except a prosecution 

 for perjury or for giving a false statement. 



fc) Oil r°rio'. al ; drawing upon Fund money for 

 <-1p;>""d '■osts. 



'1) Whenever anv oil is discharged from a vessel 

 within any safety '^nne, from a vessel which has re- 

 ceiver' oil fnm another vessel at a deepwater port, or 

 from a deopwater port, the Secretary <:hall remove or 

 arrange for the removal of such_oil as soon as pos- 

 si^'le, unless be determines such removal will be done 

 r>roperly and expfdit'ousl" by the licensee of the 

 deepwater port or the owner or operator of the vessel 

 from which thi^ discharge occurs, 



(21 Removal of oil and actions to minimize dam- 

 age from oil discharge'^ shaT, to the greatest ex- 

 tent possible, be in accordancp with th° National Con- 

 ting'^ncy Plan for removal of oil and hazardous sub- 

 stai^rps e-tabli:hed pursuant to section 1321(e)(2) 

 of this title 



(3) Whone'"er thp Secretarv acts to remove a dis- 

 charge of oil pursuant to this subsection, he is au- 

 thirizefi to draw umn Tionev available in the Deep- 

 "'ater Port Liability Fund esta'-lishpd pursuant to 

 subsection (f) o*' this se"tion Such monev shall be 

 used to nay oromptly for al! cleanup costs incurred 

 by the S^i^retary 'n removing or in minimizing dam- 

 age caused bv such oil discharge. 



(dl Jo'V ""d ^rvvofl "r-b-l'tv of ownf-rs and onera- 

 tors; Vm-t'iti'^n of li?bili(v fnll pmoimt of liability 

 for pro'^s negligence or willful misconduct. 



Notwith'-ta-ding any other provision of law, ex- 

 cept a': provided in subsection (g) of this section, the 

 owner and operator of a vessel sha'l he jointly and 

 sevprellv liablp without regard to fault, for cleanup 

 costs and for d'^ma'^es that result from a discharge 

 of oil from su-'h vssel within anv safety zone, or 

 frnm a vps'-el v/hif'h has received oil from another 

 vessel at a deepwat-^r port, except when s"ch vessel 

 is moor:;d at a d°ppwater port. Such li"'5ility shall 

 not exfped ."^ISO p°r fross ton or S20 000 OOC, which- 

 ever is lesspr. except that if it can be shown that such 

 discharge was the rpsult of gross negligence or will- 

 ful misconduct within thp privity and knowledge of 



the owner or operator, such owner and operator shall 

 be jointly and severallv liable for the full amount of 

 all cleanup costs and damages. 



(e) I.i^'bil'ty pf lir-frsees; limitation of liability; full 

 amOMPt of liability for gross negligence or willful 

 misconduct. 



Notwithstanding any other provision of law, ex- 

 cept as provided in subsection (g) of this section, the 

 licensee of a deepwater port =-hall be liable, without 

 regsrd to fault for cleanup costs and damages that 

 result from a dischprge of oil from such deepwater 

 port or from a vessel moored at s"ch deepwater port. 

 Such liability shall not exceed $'0,000,000, except 

 that if it can be shown that such damage was the 

 re.«-ult of gross negligence or willful misconduct 

 within the priv't'' and knowledge of the licensee, 

 such licensee shall be liable for the full amount of 

 all cleanup costs and damages. 



(f) Deepwater Port Liability Fund; establishment; 

 suits; administr.-'lion; liability for uncompensated 

 cl'"anup csts and damages; fees and exemptions; 

 maintomncp of prescribed amount of money; 

 loans f'cm Trasury fer payment of claims; in- 

 terest; appropriation for adminis'ration costs; 

 incorip from in'ostments to principil of Fund. 



( 1 ) There is established a Deepwater Port Liability 

 Fund (hereinafter referred to as the "Fund") as a 

 nonprofit corpsrate entity which may sue or be sued 

 in its own name. The Fund shall be administered by 

 the Secretary. 



(2) The Fund shall be liable, without regard to 

 fault, for all cleanup costs and all damages in 

 excess of those actually compensated pursuant to 

 subsections (d) and (e) of this section. 



(3i Each licensee shall collect from the owner of 

 any oil loaded or unloaded at the deepwater port 

 op^-rated by such licensee, at the time of loading or 

 unloading, a fee of 2 cents per barrel, except that 



(A) bunker or fuel oil for the use of any vessel, and 



(B) oil which wns transported through the trans- 

 Alaska pipeline, shall not be subject to such collec- 

 tion. Such collections shall be dcl'-ered to the Fund 

 at such times and in such manner as shall be pre- 

 scribed by the Secretary. Such collections shall cease 

 after the amount of money in the Fund has reached 

 $100,000,000, unless there are adjudicated claims 

 against the Fund yet to be sati^^fied. Collection shall 

 be resumed when the Fund 4s reduced below $100,- 

 000.000. Whenever the money in the Fund is less 

 than the claims for cleanup costs and damages for 

 which it is liable under this section, the Ftind shall 

 borrow the balance required to pay such claims from 

 the United States Treasury at an interest rate deter- 

 mined by the Secretary of the Treasury. Costs of ad- 

 ministration shall be paid from the FMnd only after 

 appropriation in an appropriation bill. .'1! sums not 

 needed for administration and the satisfaction of 

 claims shall be prudently invested in income-pro- 

 ducing securities issued by the United States and 

 approved by the Secretary of the Treasury. Income 

 from such securities shall be applied to the principal 

 of the Fund. 



(g) Defenses; act of war; negligence of Federal Gov- 

 ernment; negligence of claimant. 



Liability shall not be imposed under subsection 



