Sec. 108. Transportation and commerce aspects of outer continental shelf lands
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Section 22 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1348 ) is amended— in subsection (d)(1)— by inserting , each marine casualty and accident that posed a serious threat to the safety of life and property at sea or to the marine environment, after fire ; and by inserting , as a condition of the leases or permits” after “any such investigation ; in subsection (d)(2), by inserting , as a condition of the leases or permits” after “any such investigation ; in subsection (e)— by striking Secretary, or, in the case of occupational safety and health, and inserting Secretary or ; and by striking Coast Guard is operating, and inserting Coast Guard is operating ; and by adding at the end of the section the following:
At the request of the Secretary of the department in which the Coast Guard is operating or the Secretary, the National Transportation Safety Board may conduct an independent investigation of any accident, occurring in the outer Continental Shelf and involving activities under this Act, that does not otherwise fall within the definition of an accident or major marine casualty (as those terms are used in chapter 11 of title 49, United States Code). For purposes of an investigation under this subsection, an accident that is the subject of a request under paragraph
(1)shall be treated as a transportation accident (as that term is used in chapter 11 of title 49, United States Code). For each accident investigated under this section, the Secretary of the department in which the Coast Guard is operating and the Secretary shall promptly make available to the public technical information about the causes of the accident and corrective actions taken. All data and reports related to an accident described in paragraph
(1)shall be maintained in a database that is freely available to the public. To the extent necessary to fund the carrying out of inspections and other duties under this Act of the Secretary of the department in which the Coast Guard is operating and the Secretary of Commerce, upon the request of the Secretary of the department in which the Coast Guard is operating and the Secretary of Commerce, the Secretary shall collect a non-refundable inspection fee, which shall be deposited in the Ocean Commerce, Transportation, and Navigation Enforcement Fund established under paragraph (3), from the designated operator for facilities subject to inspection under subsection (c). The Secretary shall establish, by rule, inspection fees— at an aggregate level equal to the amount necessary to offset the annual expenses incurred by the Secretary of the Department in which the Coast Guard is operating and the Secretary of Commerce in carrying out inspections of outer Continental Shelf facilities (including mobile offshore drilling units), administering and enforcing safety and health regulations and requirements, providing comments to and consulting with the Secretary as required under this Act; and which may vary based on differences in size and complexity among classes of facilities. There is established in the Treasury a fund, to be known as the Ocean Commerce, Transportation, and Navigation Enforcement Fund (referred to in this subsection as the Fund ), into which shall be deposited amounts collected by the Secretary under paragraph
(1)and which shall be available as provided under paragraph (4). Notwithstanding section 3302 of title 31, United States Code, all amounts collected by the Secretary under this section— shall be available for expenditure only for purposes of carrying out inspections of outer Continental Shelf facilities (including mobile offshore drilling units) and carrying out the other duties and responsibilities of the Secretary of the department in which the Coast Guard is operating and the Secretary of Commerce under this Act; shall be available only to the extent provided for in advance in an appropriations Act; and shall remain available until expended. Not later than 60 days after the end of each fiscal year beginning with fiscal year 2018, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Natural Resources of the House of Representatives a report on the operation of the Fund during the fiscal year. Each report shall include, for the fiscal year covered by the report, the following: A statement of the amounts deposited into the Fund. A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. Recommendations for additional authorities to fulfill the purpose of the Fund. A statement of the balance remaining in the Fund at the end of the fiscal year. .
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Sec. 108
Transportation and commerce aspects of outer continental shelf lands
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