4078 
(iii) seasonal large cetacean migration 
routes that co-occur with areas of high risk 
of vessel strikes; and 
(iv) areas designated as critical habi-
tat for large cetaceans. 
(g) REPORT REQUIRED.—Not later than 1 year after 
the date of enactment of this Act, and every 2 years there-
after for the duration of the pilot program, the Com-
mandant, in coordination with the Under Secretary and 
the Administrator of the Maritime Administration, shall 
submit to the appropriate congressional committees a report 
that— 
(1) evaluates the functionality, utility, reli-
ability, responsiveness, and operational status of the 
Cetacean Desk established under this section, includ-
ing a quantification of reductions in vessel strikes to 
large cetaceans as a result of the pilot program; 
(2) assesses the efficacy of communication be-
tween the Cetacean Desk and the maritime industry 
and provides recommendations for improvements; 
(3) evaluates the integration and interoperability 
of existing data collection methods, as well as public 
data, into the Cetacean Desk operations; 
(4) assesses the efficacy of collaboration and 
stakeholder engagement with Tribal governments, the 
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State of Washington, institutions of higher education, 
the maritime industry, ports in the Puget Sound re-
gion, and nongovernmental organizations; and 
(5) evaluates the progress, performance, and im-
plementation of guidance and training procedures for 
Puget Sound Vessel Traffic Service personnel, as re-
quired under subsection (f). 
SEC. 11305. MONITORING OCEAN SOUNDSCAPES. 
(a) IN GENERAL.—The Under Secretary shall main-
tain and expand an ocean soundscape development pro-
gram to— 
(1) award grants to expand the deployment of 
Federal and non-Federal observing and data manage-
ment systems capable of collecting measurements of 
underwater sound for purposes of monitoring and 
analyzing baselines and trends in the underwater 
soundscape to protect and manage marine life; 
(2) continue to develop and apply standardized 
forms of measurements to assess sounds produced by 
marine animals, physical processes, and anthropo-
genic activities; and 
(3) after coordinating with the Secretary of De-
fense, coordinate and make accessible to the public the 
datasets, modeling and analysis, and user-driven 
products and tools resulting from observations of un-
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derwater sound funded through grants awarded under 
paragraph (1). 
(b) COORDINATION.—The program described in sub-
section (a) shall— 
(1) include the Ocean Noise Reference Station 
Network of the National Oceanic and Atmospheric 
Administration and the National Park Service; 
(2) use and coordinate with the Integrated Ocean 
Observing System; and 
(3) coordinate with the Regional Ocean Partner-
ships and the Director of the United States Fish and 
Wildlife Service, as appropriate. 
(c) PRIORITY.—In awarding grants under subsection 
(a), the Under Secretary shall consider the geographic di-
versity of the recipients of such grants. 
(d) SAVINGS CLAUSE.—An activity may not be carried 
out under this section if the Secretary of Defense, in con-
sultation with the Under Secretary, determines that the ac-
tivity would negatively impact the defense readiness or the 
national security of the United States. 
(e) FUNDING.—From funds otherwise appropriated to 
the Under Secretary, $1,500,000 is authorized for each of 
fiscal years 2023 through 2028 to carry out this section. 
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Subtitle B—Oil Spills 
SEC. 11306. REPORT ON CHANGING SALVORS. 
Section 311(c)(3) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1321(c)(3)) is amended by adding at 
the end the following: 
‘‘(C) In any case in which the President or the 
Federal On-Scene Coordinator authorizes a deviation 
from the salvor as part of a deviation under subpara-
graph (B) from the applicable response plan required 
under subsection (j), the Commandant of the Coast 
Guard shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate a report describing the 
deviation and the reasons for such deviation not less 
than 3 days after such deviation is authorized.’’. 
SEC. 11307. LIMITED INDEMNITY PROVISIONS IN STANDBY 
OIL SPILL RESPONSE CONTRACTS. 
(a) IN GENERAL.—Subject to subsections (b) and (c), 
a contract with the Coast Guard for the containment or 
removal of a discharge entered into by the President under 
section 311(c) of the Federal Water Pollution Control Act 
(33 U.S.C. 1321(c)) shall contain a provision to indemnify 
a contractor for liabilities and expenses incidental to the 
containment or removal arising out of the performance of 
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the contract that is substantially identical to the terms con-
tained in subsections (d) through (h) of section H.4 (except 
for paragraph (1) of subsection (d)) of the contract offered 
by the Coast Guard in the solicitation numbered DTCG89– 
98– A–68F953, dated November 17, 1998. 
(b) REQUIREMENTS.— 
(1) SOURCE OF FUNDS.—The provision required 
under subsection (a) shall include a provision that the 
obligation to indemnify is limited to funds available 
in the Oil Spill Liability Trust Fund established by 
section 9509(a) of the Internal Revenue Code of 1986 
at the time the claim for indemnity is made. 
(2) UNCOMPENSATED
REMOVAL.—A claim for 
indemnity under a contract described in subsection 
(a) shall be made as a claim for uncompensated re-
moval costs under section 1012(a)(4) of the Oil Pollu-
tion Act of 1990 (33 U.S.C. 2712(a)(4)). 
(3) LIMITATION.—The total indemnity for a 
claim under a contract described in subsection (a) 
may not be more than $50,000 per incident. 
(c) 
APPLICABILITY
OF
EXEMPTIONS.—Notwith-
standing subsection (a), the United States shall not be obli-
gated to indemnify a contractor for any act or omission 
of the contractor carried out pursuant to a contract entered 
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into under this section where such act or omission is grossly 
negligent or which constitutes willful misconduct. 
SEC. 11308. IMPROVING OIL SPILL PREPAREDNESS. 
The Under Secretary of Commerce for Oceans and At-
mosphere shall include in the Automated Data Inquiry for 
Oil Spills database (or a successor database) used by Na-
tional Oceanic and Atmospheric Administration oil weath-
ering models new data, including peer-reviewed data, on 
properties of crude and refined oils, including data on di-
luted bitumen, as such data becomes publicly available. 
SEC. 11309. WESTERN ALASKA OIL SPILL PLANNING CRI-
TERIA. 
(a) ALASKA OIL SPILL PLANNING CRITERIA PRO-
GRAM.— 
(1) IN GENERAL.—Chapter 3 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 323. Western Alaska Oil Spill Planning Criteria 
Program 
‘‘(a) ESTABLISHMENT.—There is established within 
the Coast Guard a Western Alaska Oil Spill Planning Cri-
teria Program (referred to in this section as the ‘Program’) 
to develop and administer the Western Alaska oil spill plan-
ning criteria. 
‘‘(b) PROGRAM MANAGER.— 
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‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, the Com-
mandant shall select a permanent civilian career em-
ployee through a competitive search process for a term 
of not less than 5 years to serve as the Western Alaska 
Oil Spill Criteria Program Manager (referred to in 
this section as the ‘Program Manager’)— 
‘‘(A) the primary duty of whom shall be to 
administer the Program; and 
‘‘(B) who shall not be subject to frequent or 
routine reassignment. 
‘‘(2) CONFLICTS OF INTEREST.—The individual 
selected to serve as the Program Manager shall not 
have conflicts of interest relating to entities regulated 
by the Coast Guard. 
‘‘(3) DUTIES.— 
‘‘(A) DEVELOPMENT
OF
GUIDANCE.—The 
Program Manager shall develop guidance for— 
‘‘(i) approval, drills, and testing relat-
ing to the Western Alaska oil spill planning 
criteria; and 
‘‘(ii) gathering input concerning such 
planning criteria from Federal agencies, 
State and local governments, Tribes, and 
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4085 
relevant industry and nongovernmental en-
tities. 
‘‘(B) ASSESSMENTS.—Not less frequently 
than once every 5 years, the Program Manager 
shall— 
‘‘(i) assess whether such existing plan-
ning criteria adequately meet the needs of 
vessels operating in the geographic area; 
and 
‘‘(ii) identify methods for advancing 
response capability so as to achieve, with 
respect to a vessel, compliance with national 
planning criteria. 
‘‘(C) ONSITE
VERIFICATIONS.—The Pro-
gram Manager shall address the relatively small 
number and limited nature of verifications of re-
sponse capabilities for vessel response plans by 
increasing, within the Seventeenth Coast Guard 
District, the quantity and frequency of onsite 
verifications of the providers identified in vessel 
response plans. 
‘‘(c) TRAINING.—The Commandant shall enhance the 
knowledge and proficiency of Coast Guard personnel with 
respect to the Program by— 
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‘‘(1) developing formalized training on the Pro-
gram that, at a minimum— 
‘‘(A) provides in-depth analysis of— 
‘‘(i) the national planning criteria de-
scribed in part 155 of title 33, Code of Fed-
eral Regulations (as in effect on the date of 
enactment of this section); 
‘‘(ii) alternative planning criteria; 
‘‘(iii) Western Alaska oil spill plan-
ning criteria; 
‘‘(iv) Captain of the Port and Federal 
On-Scene Coordinator authorities related to 
activation of a vessel response plan; 
‘‘(v) the responsibilities of vessel own-
ers and operators in preparing a vessel re-
sponse plan for submission; and 
‘‘(vi) responsibilities of the Area Com-
mittee, including risk analysis, response ca-
pability, and development of alternative 
planning criteria; 
‘‘(B) explains the approval processes of ves-
sel response plans that involve alternative plan-
ning criteria or Western Alaska oil spill plan-
ning criteria; and 
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‘‘(C) provides instruction on the processes 
involved in carrying out the actions described in 
paragraphs (9)(D) and (9)(F) of section 311(j) 
of the Federal Water Pollution Control Act (33 
U.S.C. 1321(j)), including instruction on car-
rying out such actions— 
‘‘(i) in any geographic area in the 
United States; and 
‘‘(ii) specifically in the Seventeenth 
Coast Guard District; and 
‘‘(2) providing such training to all Coast Guard 
personnel involved in the Program. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) ALTERNATIVE
PLANNING
CRITERIA.—The 
term ‘alternative planning criteria’ means criteria 
submitted under section 155.1065 or 155.5067 of title 
33, Code of Federal Regulations (as in effect on the 
date of enactment of this section), for vessel response 
plans. 
‘‘(2) TRIBE.—The term ‘Tribe’ has the meaning 
given the term ‘Indian Tribe’ in section 4 of the In-
dian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
‘‘(3) VESSEL RESPONSE PLAN.—The term ‘vessel 
response plan’ means a plan required to be submitted 
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4088 
by the owner or operator of a tank vessel or a 
nontank vessel under regulations issued by the Presi-
dent under section 311(j)(5) of the Federal Water Pol-
lution Control Act (33 U.S.C. 1321(j)(5)). 
‘‘(4) WESTERN ALASKA OIL SPILL PLANNING CRI-
TERIA.—The term ‘Western Alaska oil spill planning 
criteria’ means the criteria required to be established 
under paragraph (9) of section 311(j) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(j)).’’. 
(2) CLERICAL
AMENDMENT.—The analysis for 
chapter 3 of title 14, United States Code, is amended 
by adding at the end the following: 
‘‘323. Western Alaska Oil Spill Planning Criteria Program.’’. 
(b) WESTERN ALASKA OIL SPILL PLANNING CRI-
TERIA.— 
(1) AMENDMENT.—Section 311(j) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(j)) is 
amended by adding at the end the following: 
‘‘(9) WESTERN ALASKA OIL SPILL PLANNING CRI-
TERIA PROGRAM.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) 
ALTERNATIVE
PLANNING
CRI-
TERIA.—The term ‘alternative planning cri-
teria’ means criteria submitted under sec-
tion 155.1065 or 155.5067 of title 33, Code 
of Federal Regulations (as in effect on the 
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4089 
date of enactment of this paragraph), for 
vessel response plans. 
‘‘(ii) PRINCE WILLIAM SOUND CAPTAIN 
OF
THE
PORT
ZONE.—The term ‘Prince 
William Sound Captain of the Port Zone’ 
means the area described in section 3.85– 
15(b) of title 33, Code of Federal Regula-
tions (or successor regulations). 
‘‘(iii) SECRETARY.—The term ‘Sec-
retary’ means the Secretary of the depart-
ment in which the Coast Guard is oper-
ating. 
‘‘(iv) VESSEL
RESPONSE
PLAN.—The 
term ‘vessel response plan’ means a plan re-
quired to be submitted by the owner or oper-
ator of a tank vessel or a nontank vessel 
under regulations issued by the President 
under paragraph (5). 
‘‘(v) WESTERN
ALASKA
CAPTAIN
OF 
THE PORT ZONE.—The term ‘Western Alas-
ka Captain of the Port Zone’ means the 
area described in section 3.85–15(a) of title 
33, Code of Federal Regulations (as in effect 
on the date of enactment of this paragraph). 
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4090 
‘‘(B) REQUIREMENT.—Except as provided 
in subparagraph (I), for any part of the area of 
responsibility of the Western Alaska Captain of 
the Port Zone or the Prince William Sound Cap-
tain of the Port Zone for which the Secretary has 
determined that the national planning criteria 
established pursuant to this subsection are inap-
propriate for a vessel operating in such area, a 
vessel response plan with respect to a discharge 
of oil for such a vessel shall comply with the 
Western Alaska oil spill planning criteria estab-
lished under subparagraph (D)(i). 
‘‘(C) RELATION
TO
NATIONAL
PLANNING 
CRITERIA.—The Western Alaska oil spill plan-
ning criteria established under subparagraph 
(D)(i) shall, with respect to a discharge of oil 
from a vessel described in subparagraph (B), 
apply in lieu of any alternative planning cri-
teria accepted for vessels operating, prior to the 
date on which the Western Alaska oil spill plan-
ning criteria are established, in any part of the 
area of responsibility of the Western Alaska Cap-
tain of the Port Zone or the Prince William 
Sound Captain of the Port Zone for which the 
Secretary has determined that the national plan-
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ning criteria established pursuant to this sub-
section are inappropriate for a vessel operating 
in such area. 
‘‘(D) ESTABLISHMENT OF WESTERN ALASKA 
OIL SPILL PLANNING CRITERIA.— 
‘‘(i) IN GENERAL.—The President, act-
ing through the Commandant, in consulta-
tion with the Western Alaska Oil Spill Cri-
teria Program Manager selected under sec-
tion 323 of title 14, United States Code, 
shall establish— 
‘‘(I) Western Alaska oil spill plan-
ning criteria for a worst case discharge 
of oil, and a substantial threat of such 
a discharge, within any part of the 
area of responsibility of the Western 
Alaska Captain of the Port Zone or 
Prince William Sound Captain of the 
Port Zone for which the Secretary has 
determined that the national planning 
criteria established pursuant to this 
subsection are inappropriate for a ves-
sel operating in such area; and 
‘‘(II) standardized submission, re-
view, 
approval, 
and 
compliance 
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4092 
verification processes for the Western 
Alaska oil spill planning criteria es-
tablished under this clause, including 
the quantity and frequency of drills 
and on-site verifications of vessel re-
sponse plans approved pursuant to 
such planning criteria. 
‘‘(ii) 
DEVELOPMENT
OF
SUB-
REGIONS.— 
‘‘(I) DEVELOPMENT.—After estab-
lishing the Western Alaska oil spill 
planning criteria under clause (i), and 
if necessary to adequately reflect the 
needs and capabilities of various loca-
tions within the Western Alaska Cap-
tain of the Port Zone, the President, 
acting through the Commandant, and 
in consultation with the Western Alas-
ka Oil Spill Criteria Program Man-
ager selected under section 323 of title 
14, United States Code, may develop 
subregions for which planning criteria 
may differ from planning criteria for 
other subregions in the Western Alaska 
Captain of the Port Zone. 
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4093 
‘‘(II) LIMITATION.—Any planning 
criteria for a subregion developed 
under this clause may not be less strin-
gent than the Western Alaska oil spill 
planning criteria established under 
clause (i). 
‘‘(iii) ASSESSMENT.— 
‘‘(I) IN GENERAL.—Prior to devel-
oping a subregion, the President, act-
ing through the Commandant, shall 
conduct an assessment on any poten-
tial impacts to the entire Western Alas-
ka Captain of the Port Zone to include 
quantity and availability of response 
resources in the proposed subregion 
and in surrounding areas and any 
changes or impacts to surrounding 
areas resulting in the development of a 
subregion with different standards. 
‘‘(II) 
CONSULTATION.—In 
con-
ducting an assessment under this 
clause, the President, acting through 
the Commandant, shall consult with 
State and local governments, Tribes (as 
defined in section 323 of title 14, 
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4094 
United States Code), the owners and 
operators that would operate under the 
proposed subregions, oil spill removal 
organizations, Alaska Native organiza-
tions, and environmental nongovern-
mental organizations, and shall take 
into account any experience with the 
prior use of subregions within the 
State of Alaska. 
‘‘(III) SUBMISSION.—The Presi-
dent, acting through the Commandant, 
shall submit the results of an assess-
ment conducted under this clause to the 
Committee on Transportation and In-
frastructure of the House of Represent-
atives and the Committee on Com-
merce, Science, and Transportation of 
the Senate. 
‘‘(E) INCLUSIONS.— 
‘‘(i) 
REQUIREMENTS.—The 
Western 
Alaska oil spill planning criteria estab-
lished under subparagraph (D)(i) shall in-
clude planning criteria for the following: 
‘‘(I) Mechanical oil spill response 
resources that are required to be lo-
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4095 
cated within any part of the area of 
responsibility of the Western Alaska 
Captain of the Port Zone or the Prince 
William Sound Captain of the Port 
Zone for which the Secretary has deter-
mined that the national planning cri-
teria established pursuant to this sub-
section are inappropriate for a vessel 
operating in such area. 
‘‘(II) Response times for mobiliza-
tion of oil spill response resources and 
arrival on the scene of a worst case 
discharge of oil, or substantial threat of 
such a discharge, occurring within 
such part of such area. 
‘‘(III) Pre-identified vessels for oil 
spill response that are capable of oper-
ating in the ocean environment. 
‘‘(IV) Ensuring the availability of 
at least 1 oil spill removal organiza-
tion that is classified by the Coast 
Guard and that— 
‘‘(aa) is capable of respond-
ing in all operating environments 
in such part of such area; 
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4096 
‘‘(bb) controls oil spill re-
sponse resources of dedicated and 
nondedicated 
resources 
within 
such part of such area, through 
ownership, contracts, agreements, 
or other means approved by the 
President, sufficient— 
‘‘(AA) to mobilize and 
sustain a response to a worst 
case discharge of oil; and 
‘‘(BB) to contain, re-
cover, and temporarily store 
discharged oil; 
‘‘(cc) has pre-positioned oil 
spill response resources in stra-
tegic locations throughout such 
part of such area in a manner 
that ensures the ability to support 
response personnel, marine oper-
ations, air cargo, or other related 
logistics infrastructure; 
‘‘(dd) has temporary storage 
capability using both dedicated 
and non-dedicated assets located 
within such part of such area; 
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4097 
‘‘(ee) has non-mechanical oil 
spill response resources capable of 
responding to a discharge of per-
sistent oil and a discharge of non-
persistent oil, whether the dis-
charged oil was carried by a ves-
sel as fuel or cargo; and 
‘‘(ff) has wildlife response re-
sources for primary, secondary, 
and tertiary responses to support 
carcass collection, sampling, deter-
rence, rescue, and rehabilitation of 
birds, sea turtles, marine mam-
mals, fishery resources, and other 
wildlife. 
‘‘(V) With respect to tank barges 
carrying nonpersistent oil in bulk as 
cargo, oil spill response resources that 
are required to be carried on board. 
‘‘(VI) Specifying a minimum 
length of time that approval of a vessel 
response plan under this paragraph is 
valid. 
‘‘(VII) Managing wildlife protec-
tion 
and 
rehabilitation, 
including 
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4098 
identified wildlife protection and reha-
bilitation resources in that area. 
‘‘(ii) ADDITIONAL CONSIDERATIONS.— 
The Western Alaska oil spill planning cri-
teria established under subparagraph (D)(i) 
may include planning criteria for the fol-
lowing: 
‘‘(I) Vessel routing measures con-
sistent 
with 
international 
routing 
measure deviation protocols. 
‘‘(II) Maintenance of real-time 
continuous vessel tracking, monitoring, 
and engagement protocols with the 
ability to detect and address vessel op-
eration anomalies. 
‘‘(F) REQUIREMENT
FOR
APPROVAL.—The 
President may approve a vessel response plan for 
a vessel under this paragraph only if the owner 
or operator of the vessel demonstrates the avail-
ability of the oil spill response resources required 
to be included in the vessel response plan under 
the Western Alaska oil spill planning criteria es-
tablished under subparagraph (D)(i). 
‘‘(G) PERIODIC
AUDITS.—The Secretary 
shall conduct periodic audits to ensure compli-
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4099 
ance of vessel response plans and oil spill re-
moval organizations within the Western Alaska 
Captain of the Port Zone and the Prince Wil-
liam Sound Captain of the Port Zone with the 
Western Alaska oil spill planning criteria estab-
lished under subparagraph (D)(i). 
‘‘(H) REVIEW
OF
DETERMINATION.—Not 
less frequently than once every 5 years, the Sec-
retary shall review each determination of the 
Secretary under subparagraph (B) that the na-
tional planning criteria established pursuant to 
this subsection are inappropriate for a vessel op-
erating in the area of responsibility of the West-
ern Alaska Captain of the Port Zone and the 
Prince William Sound Captain of the Port Zone. 
‘‘(I) VESSELS IN COOK INLET.—Unless oth-
erwise authorized by the Secretary, a vessel may 
only operate in Cook Inlet, Alaska, under a ves-
sel response plan approved under paragraph (5) 
that meets the requirements of the national plan-
ning criteria established pursuant to this sub-
section. 
‘‘(J) SAVINGS PROVISIONS.—Nothing in this 
paragraph affects— 
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4100 
‘‘(i) the requirements under this sub-
section applicable to vessel response plans 
for vessels operating within the area of re-
sponsibility of the Western Alaska Captain 
of the Port Zone, within Cook Inlet, Alaska; 
‘‘(ii) the requirements under this sub-
section applicable to vessel response plans 
for vessels operating within the area of re-
sponsibility of the Prince William Sound 
Captain of the Port Zone that are subject to 
section 5005 of the Oil Pollution Act of 
1990 (33 U.S.C. 2735); or 
‘‘(iii) the authority of a Federal On- 
Scene Coordinator to use any available re-
sources when responding to an oil spill.’’. 
(2) ESTABLISHMENT OF WESTERN ALASKA OIL 
SPILL PLANNING CRITERIA.— 
(A) DEADLINE.—Not later than 2 years 
after the date of enactment of this Act, the Presi-
dent shall establish the Western Alaska oil spill 
planning criteria required to be established 
under paragraph (9)(D)(i) of section 311(j) of 
the Federal Water Pollution Control Act (33 
U.S.C. 1321(j)). 
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(B) CONSULTATION.—In establishing the 
Western Alaska oil spill planning criteria de-
scribed in subparagraph (A), the President shall 
consult with the Federal agencies, State and 
local governments, Tribes (as defined in section 
323 of title 14, United States Code), the owners 
and operators that would be subject to such plan-
ning criteria, oil spill removal organizations, 
Alaska Native organizations, and environmental 
nongovernmental organizations. 
(C) CONGRESSIONAL
REPORT.—Not later 
than 2 years after the date of enactment of this 
Act, the Secretary shall submit to Congress a re-
port describing the status of implementation of 
paragraph (9) of section 311(j) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(j)). 
SEC. 11310. COAST GUARD CLAIMS PROCESSING COSTS. 
Section 1012(a)(4) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(4)) is amended by striking ‘‘damages;’’ and 
inserting ‘‘damages, including, in the case of a spill of na-
tional significance that results in extraordinary Coast 
Guard claims processing activities, the administrative and 
personnel costs of the Coast Guard to process such claims 
(including the costs of commercial claims processing, expert 
services, training, and technical services), subject to the con-
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dition that the Coast Guard shall submit to Congress a re-
port describing each spill of national significance not later 
than 30 days after the date on which the Coast Guard deter-
mines it necessary to process such claims;’’. 
SEC. 11311. CALCULATION OF INTEREST ON DEBT OWED TO 
NATIONAL POLLUTION FUND. 
Section 1005(b)(4) of the Oil Pollution Act of 1990 (33 
U.S.C. 2705(b)(4)) is amended— 
(1) by striking ‘‘The interest paid’’ and inserting 
the following: 
‘‘(A) IN GENERAL.—The interest paid for 
claims, other than Federal Government cost re-
covery claims,’’; and 
(2) by adding at the end the following: 
‘‘(B) FEDERAL COST RECOVERY CLAIMS.— 
The interest paid for Federal Government cost 
recovery claims under this section shall be cal-
culated in accordance with section 3717 of title 
31, United States Code.’’. 
SEC. 11312. PER-INCIDENT LIMITATION. 
Subparagraph (A) of section 9509(c)(2) of the Internal 
Revenue Code of 1986 is amended— 
(1) in clause (i) by striking ‘‘$1,000,000,000’’ 
and inserting ‘‘$1,500,000,000’’; 
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(2) in clause (ii) by striking ‘‘$500,000,000’’ and 
inserting ‘‘$750,000,000’’; and 
(3) in the heading by striking ‘‘$1,000,000,000’’ 
and inserting ‘‘$1,500,000,000’’. 
SEC. 11313. ACCESS TO OIL SPILL LIABILITY TRUST FUND. 
Section 6002 of the Oil Pollution Act of 1990 (33 
U.S.C. 2752) is amended by striking subsection (b) and in-
serting the following: 
‘‘(b) EXCEPTIONS.— 
‘‘(1) IN
GENERAL.—Subsection (a) shall not 
apply to— 
‘‘(A) section 1006(f), 1012(a)(4), or 5006; or 
‘‘(B) an amount, which may not exceed 
$50,000,000 in any fiscal year, made available 
by the President from the Fund— 
‘‘(i) to carry out section 311(c) of the 
Federal Water Pollution Control Act (33 
U.S.C. 1321(c)); and 
‘‘(ii) to initiate the assessment of nat-
ural resources damages required under sec-
tion 1006. 
‘‘(2) FUND ADVANCES.— 
‘‘(A) IN GENERAL.—To the extent that the 
amount described in subparagraph (B) of para-
graph (1) is not adequate to carry out the activi-
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ties described in such subparagraph, the Coast 
Guard may obtain 1 or more advances from the 
Fund as may be necessary, up to a maximum of 
$100,000,000 for each advance, with the total 
amount of advances not to exceed the amounts 
available under section 9509(c)(2) of the Internal 
Revenue Code of 1986. 
‘‘(B) NOTIFICATION
TO
CONGRESS.—Not 
later than 30 days after the date on which the 
Coast Guard obtains an advance under subpara-
graph (A), the Coast Guard shall notify Congress 
of— 
‘‘(i) the amount advanced; and 
‘‘(ii) the facts and circumstances that 
necessitated the advance. 
‘‘(C) 
REPAYMENT.—Amounts 
advanced 
under this paragraph shall be repaid to the 
Fund when, and to the extent that, removal costs 
are recovered by the Coast Guard from respon-
sible parties for the discharge or substantial 
threat of discharge. 
‘‘(3) AVAILABILITY.—Amounts to which this sub-
section applies shall remain available until ex-
pended.’’. 
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SEC. 11314. COST-REIMBURSABLE AGREEMENTS. 
Section 1012 of the Oil Pollution Act of 1990 (33 
U.S.C. 2712) is amended— 
(1) in subsection (a)(1)(B) by striking ‘‘by a 
Governor or designated State official’’ and inserting 
‘‘by a State, a political subdivision of a State, or an 
Indian tribe, pursuant to a cost-reimbursable agree-
ment’’; 
(2) by striking subsections (d) and (e) and in-
serting the following: 
‘‘(d) COST-REIMBURSABLE AGREEMENT.— 
‘‘(1) IN
GENERAL.—In carrying out section 
311(c) of the Federal Water Pollution Control Act (33 
U.S.C. 1321(c)), the President may enter into cost-re-
imbursable agreements with a State, a political sub-
division of a State, or an Indian tribe to obligate the 
Fund for the payment of removal costs consistent with 
the National Contingency Plan. 
‘‘(2) INAPPLICABILITY.—Chapter 63 and section 
1535 of title 31, United States Code shall not apply 
to a cost-reimbursable agreement entered into under 
this subsection.’’; and 
(3) by redesignating subsections (f), (h), (i), (j), 
(k), and (l) as subsections (e), (f), (g), (h), (i), and 
(j), respectively. 
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SEC. 11315. OIL SPILL RESPONSE REVIEW. 
(a) IN GENERAL.—Subject to the availability of appro-
priations, the Commandant shall develop and carry out a 
program— 
(1) to increase collection and improve the quality 
of incident data on oil spill location and response ca-
pability by periodically evaluating the data, docu-
mentation, and analysis of— 
(A) Coast Guard-approved vessel response 
plans, including vessel response plan audits and 
assessments; 
(B) oil spill response drills conducted under 
section 311(j)(7) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(j)(7)) that occur 
within the Marine Transportation System; and 
(C) responses to oil spill incidents that re-
quire mobilization of contracted response re-
sources; 
(2) to improve the effectiveness of vessel response 
plans by— 
(A) systematically reviewing the capacity of 
an oil spill response organization identified in a 
vessel response plan to provide the specific re-
sponse resources, such as private personnel, 
equipment, other vessels identified in such vessel 
response plan; and 
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(B) approving a vessel response plan only 
after confirming the identified oil spill response 
organization has the capacity to provide such re-
sponse resources; 
(3) to update, not less frequently than annually, 
information contained in the Coast Guard Response 
Resource Inventory and other Coast Guard tools used 
to document the availability and status of oil spill re-
sponse equipment, so as to ensure that such informa-
tion remains current; and 
(4) subject to section 552 of title 5, United States 
Code (commonly known as the ‘‘Freedom of Informa-
tion Act’’), to make data collected under paragraph 
(1) available to the public. 
(b) POLICY.—Not later than 1 year after the date of 
enactment of this Act, the Commandant shall issue a pol-
icy— 
(1) to establish processes to maintain the pro-
gram under subsection (a) and support Coast Guard 
oil spill prevention and response activities, including 
by incorporating oil spill incident data from after-ac-
tion oil spill reports and data ascertained from vessel 
response plan exercises and audits into— 
(A) review and approval process standards 
and metrics; 
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(B) alternative planning criteria review 
processes; 
(C) Area Contingency Plan development; 
(D) risk assessments developed under section 
70001 of title 46, United States Code, including 
lessons learned from reportable marine casual-
ties; 
(E) processes and standards which mitigate 
the impact of military personnel rotations in 
Coast Guard field units on knowledge and 
awareness of vessel response plan requirements, 
including knowledge relating to the evaluation of 
proposed alternatives to national planning re-
quirements; and 
(F) processes and standards which evaluate 
the consequences of reporting inaccurate data in 
vessel response plans submitted to the Com-
mandant pursuant to part 300 of title 40, Code 
of Federal Regulations, and submitted for storage 
in the Marine Information for Safety and Law 
Enforcement 
database 
pursuant 
to 
section 
300.300 of such title (or any successor regula-
tion); 
(2) to standardize and develop tools, training, 
and other relevant guidance that may be shared with 
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vessel owners and operators to assist with accurately 
calculating and measuring the performance and via-
bility of proposed alternatives to national planning 
criteria requirements and Area Contingency Plans 
administered by the Coast Guard; 
(3) to improve training of Coast Guard per-
sonnel to ensure continuity of planning activities 
under this section, including by identifying ways in 
which civilian staffing may improve the continuity of 
operations; and 
(4) to increase Federal Government engagement 
with State, local, and Tribal governments and stake-
holders so as to strengthen coordination and efficiency 
of oil spill responses. 
(c) PERIODIC UPDATES.—Not less frequently than 
every 5 years, the Commandant shall update the processes 
established under subsection (b)(1) to incorporate relevant 
analyses of— 
(1) incident data on oil spill location and re-
sponse quality; 
(2) oil spill risk assessments; 
(3) oil spill response effectiveness and the effects 
of such response on the environment; 
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(4) oil spill response drills conducted under sec-
tion 311(j)(7) of the Federal Water Pollution Control 
Act (33 U.S.C. 1321(j)(7)); 
(5) marine casualties reported to the Coast 
Guard; and 
(6) near miss incidents documented by a vessel 
traffic service center (as such terms are defined in sec-
tions 70001(m) of title 46, United States Code). 
(d) REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and annually there-
after for 5 years, the Commandant shall provide to 
the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives a briefing on the status of ongoing and planned 
efforts to improve the effectiveness and oversight of the 
program established under subsection (a) and vessel 
response plan approvals. 
(2) PUBLIC
AVAILABILITY.—The Commandant 
shall publish the briefing required under paragraph 
(1) on a publicly accessible website of the Coast 
Guard. 
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SEC. 11316. ADDITIONAL EXCEPTIONS TO REGULATIONS 
FOR TOWING VESSELS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall review 
existing Coast Guard policies with respect to exceptions to 
the applicability of subchapter M of chapter I of title 46, 
Code of Federal Regulations (or successor regulations), 
for— 
(1) an oil spill response vessel, or a vessel of op-
portunity, while such vessel is— 
(A) towing boom for oil spill response; or 
(B) participating in an oil response exer-
cise; and 
(2) a fishing vessel while that vessel is operating 
as a vessel of opportunity. 
(b) POLICY.—Not later than 180 days after the conclu-
sion of the review required under subsection (a), the Sec-
retary shall revise or issue any necessary policy to clarify 
the applicability of subchapter M of chapter I of title 46, 
Code of Federal Regulations (or successor regulations) to 
the vessels described in subsection (a). Such a policy shall 
ensure safe and effective operation of such vessels. 
(c) DEFINITIONS.—In this section: 
(1) FISHING VESSEL; OIL SPILL RESPONSE VES-
SEL.—The terms ‘‘fishing vessel’’ and ‘‘oil spill re-
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sponse vessel’’ have the meanings given such terms in 
section 2101 of title 46, United States Code. 
(2) VESSEL OF OPPORTUNITY.—The term ‘‘vessel 
of opportunity’’ means a vessel engaged in spill re-
sponse activities that is normally and substantially 
involved in activities other than spill response and 
not a vessel carrying oil as a primary cargo. 
SEC. 11317. PORT COORDINATION COUNCIL FOR POINT 
SPENCER. 
Section 541 of the Coast Guard Authorization Act of 
2016 (Public Law 114–120) is amended— 
(1) in subsection (b)(2) by striking ‘‘BSNC’’ and 
inserting the following: ‘‘BSNC (to serve as Council 
Chair). 
‘‘(3) The Denali Commission. 
‘‘(4) An oil spill removal organization that 
serves the area in which such Port is located. 
‘‘(5) A salvage and marine firefighting organiza-
tion that serves the area in which such Port is lo-
cated.’’; and 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) in subparagraph (B) by striking 
the semicolon and inserting ‘‘; and’’; 
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(ii) by striking ‘‘; and’’ and inserting 
the following: ‘‘at Point Spencer in support 
of the activities for which Congress finds a 
compelling need in section 531 of this sub-
title.’’; and 
(iii) by striking subparagraph (D); 
and 
(B) by striking paragraph (3) and inserting 
the following: 
‘‘(3) Facilitate coordination among members of 
the Council on the development and use of the land 
and coastline of Point Spencer, as such development 
and use relate to activities of the Council at the Port 
of Point Spencer.’’. 
Subtitle C—Environmental 
Compliance 
SEC. 11318. PROVIDING REQUIREMENTS FOR VESSELS AN-
CHORED 
IN 
ESTABLISHED 
ANCHORAGE 
GROUNDS. 
(a) IN GENERAL.—Subchapter I of chapter 700 of title 
46, United States Code, is amended by adding at the end 
the following: 
‘‘§ 70007. Anchorage grounds 
‘‘(a) ANCHORAGE GROUNDS.— 
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‘‘(1) ESTABLISHMENT.—The Secretary of the de-
partment in which the Coast Guard is operating shall 
define and establish anchorage grounds in the navi-
gable waters of the United States for vessels operating 
in such waters. 
‘‘(2) 
RELEVANT
FACTORS
FOR
ESTABLISH-
MENT.—In carrying out paragraph (1), the Secretary 
shall take into account all relevant factors concerning 
navigational safety, protection of the marine environ-
ment, proximity to undersea pipelines and cables, 
safe and efficient use of Marine Transportation Sys-
tem, and national security. 
‘‘(b) VESSEL REQUIREMENTS.—Vessels, of certain sizes 
or type determined by the Secretary, shall— 
‘‘(1) set and maintain an anchor alarm for the 
duration of an anchorage; 
‘‘(2) comply with any directions or orders issued 
by the Captain of the Port; and 
‘‘(3) comply with any applicable anchorage regu-
lations. 
‘‘(c) PROHIBITIONS.—A vessel may not— 
‘‘(1) anchor in any Federal navigation channel 
unless authorized or directed to by the Captain of the 
Port; 
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‘‘(2) anchor in near proximity, within distances 
determined by the Coast Guard, to an undersea pipe-
line or cable, unless authorized or directed to by the 
Captain of the Port; and 
‘‘(3) anchor or remain anchored in an anchorage 
ground during any period in which the Captain of 
the Port orders closure of the anchorage ground due 
to inclement weather, navigational hazard, a threat to 
the environment, or other safety or security concern. 
‘‘(d) SAFETY EXCEPTION.—Nothing in this section 
shall be construed to prevent a vessel from taking actions 
necessary to maintain the safety of the vessel or to prevent 
the loss of life or property.’’. 
(b) REGULATORY REVIEW.— 
(1) REVIEW REQUIRED.—Not later than 1 year 
after the date of enactment of this Act, the Secretary 
shall review existing policies, final agency actions, 
regulations, or other rules relating to anchorage pro-
mulgated under section 70006 of title 46, United 
States Code and— 
(A) identify any such regulations or rules 
that may need modification or repeal— 
(i) in the interest of marine safety, se-
curity, and environmental concerns, taking 
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into account undersea pipelines, cables, or 
other infrastructure; or 
(ii) to implement the amendments 
made by this section; and 
(B) complete a cost-benefit analysis for any 
modification or repeal identified under para-
graph (1). 
(2) BRIEFING.—Upon completion of the review 
under paragraph (1), but not later than 2 years after 
the date of enactment of this Act, the Secretary shall 
provide a briefing to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives that summarizes such 
review. 
(c) SAVINGS CLAUSE.—Nothing in this section shall 
limit any authority available, as of the date of enactment 
of this Act, to the captain of a port with respect to safety 
measures or any other authority as necessary for the safety 
of vessels located in anchorage grounds in the navigable 
waters of the United States. 
(d) CLERICAL AMENDMENT.—The analysis for chapter 
700 of title 46, United States Code, is amended by inserting 
after the item relating to section 70006 the following: 
‘‘70007. Anchorage grounds.’’. 
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(e) APPLICABILITY OF REGULATIONS.—The amend-
ments made by subsection (a) may not be construed to alter 
any existing rules, regulations, or final agency actions 
issued under section 70006 of title 46, United States Code, 
as in effect on the day before the date of enactment of this 
Act, until all regulations required under subsection (b) take 
effect. 
SEC. 11319. STUDY ON IMPACTS ON SHIPPING AND COM-
MERCIAL, TRIBAL, AND RECREATIONAL FISH-
ERIES FROM DEVELOPMENT OF RENEWABLE 
ENERGY ON WEST COAST. 
(a) STUDY.—Not later than 180 days after the date 
of enactment of this Act, the Secretary, the Secretary of the 
Interior, and the Under Secretary of Commerce for Oceans 
and Atmosphere, shall seek to enter into an agreement with 
the National Academies of Science, Engineering, and Medi-
cine under which the National Academy of Sciences, Engi-
neering, and Medicine shall carry out a study to— 
(1) identify, document, and analyze— 
(A) historic and current, as of the date of 
the study, Tribal, commercial, and recreational 
fishing grounds, as well as areas where fish 
stocks are likely to shift in the future in all cov-
ered waters; 
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(B) usual and accustomed fishing areas in 
all covered waters; 
(C) historic, current, and potential future 
shipping lanes, based on projected growth in 
shipping traffic in all covered waters; 
(D) current and expected Coast Guard oper-
ations relevant to commercial fishing activities, 
including search and rescue, radar, navigation, 
communications, and safety within and near re-
newable energy sites; and 
(E) key types of data needed to properly 
site renewable energy sites on the West Coast, 
with regard to assessing and mitigating conflicts; 
(2) analyze— 
(A) methods used to manage fishing, ship-
ping, and other maritime activities; and 
(B) potential future interactions between 
such activities and the placement of renewable 
energy infrastructure and the associated con-
struction, maintenance, and operation of such 
infrastructure, including potential benefits and 
methods of mitigating adverse impacts; and 
(3) review the current decision-making process 
for offshore wind in covered waters, and outline rec-
ommendations for governmental consideration of all 
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impacted coastal communities, particularly Tribal 
governments and fisheries communities, in the deci-
sion-making process for offshore wind in covered 
waters, including recommendations for— 
(A) ensuring the appropriate governmental 
consideration of potential benefits of offshore 
wind in covered waters; and 
(B) risk reduction and mitigation of ad-
verse impacts on Coast Guard operations rel-
evant to commercial fishing activities. 
(b) SUBMISSION.—Not later than 1 year after com-
mencing the study under subsection (a), the Secretary 
shall— 
(1) submit the study to the Committees on Com-
merce, Science, and Transportation, and Energy and 
Natural Resources of the Senate and the Committees 
on Transportation and Infrastructure, Natural Re-
sources, and Energy and Commerce of the House of 
Representatives, including the review and outline pro-
vided under subsection (a)(3); and 
(2) make the study publicly available. 
(c) DEFINITIONS.—In this section: 
(1) COVERED
WATERS.—The term ‘‘covered 
waters’’ means Federal or State waters off of the Ca-
nadian border and out to the furthest extent of the ex-
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clusive economic zone along the West Coast of the 
United States. 
(2) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘ex-
clusive economic zone’’ has the meaning given such 
term in section 107 of title 46, United States Code. 
SEC. 11320. USE OF DEVICES BROADCASTING ON AIS FOR 
PURPOSES OF MARKING FISHING GEAR. 
The Secretary shall, within the Eleventh Coast Guard 
District, Thirteenth Coast Guard District, Fourteenth Coast 
Guard District, and Seventeenth Coast Guard District, sus-
pend enforcement of individuals using automatic identifica-
tion systems devices to mark fishing equipment during the 
period beginning on the date of enactment of this Act and 
ending on the earlier of— 
(1) the date that is 2 years after such date of en-
actment; or 
(2) the date on which the Federal Communica-
tions Commission promulgates a final rule to author-
ize a device used to mark fishing equipment to oper-
ate in radio frequencies assigned for Automatic Iden-
tification System stations. 
Subtitle D—Environmental Issues 
SEC. 11321. NOTIFICATION OF COMMUNICATION OUTAGES. 
(a) UPGRADES TO RESCUE 21 SYSTEM IN ALASKA.— 
Not later than August 30, 2023, the Commandant shall en-
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sure the timely upgrade of the Rescue 21 system in Alaska 
so as to achieve 98 percent operational availability of re-
mote fixed facility sites. 
(b) PLAN TO REDUCE OUTAGES.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Commandant 
shall develop an operations and maintenance plan for 
the Rescue 21 system in Alaska that anticipates 
maintenance needs so as to reduce Rescue 21 system 
outages to the maximum extent practicable. 
(2) PUBLIC
AVAILABILITY.—The plan required 
under paragraph (1) shall be made available to the 
public on a publicly accessible website. 
(c) REPORT REQUIRED.—Not later than 180 days 
after the date of enactment of this Act, the Commandant 
shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives a report that— 
(1) contains a plan for the Coast Guard to no-
tify mariners of radio outages for towers owned and 
operated by the Seventeenth Coast Guard District; 
(2) addresses in such plan how the Seventeenth 
Coast Guard will— 
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(A) disseminate updates regarding outages 
on social media not less frequently than every 48 
hours; 
(B) provide updates on a publicly accessible 
website not less frequently than every 48 hours; 
(C) develop methods for notifying mariners 
in areas in which cellular connectivity does not 
exist; and 
(D) develop and advertise a web-based com-
munications update hub on AM/FM radio for 
mariners; and 
(3) identifies technology gaps that need to be 
mitigated in order to implement the plan and pro-
vides a budgetary assessment necessary to implement 
the plan. 
(d) CONTINGENCY PLAN.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Commandant 
shall, in collaboration with relevant Federal, State, 
Tribal, and other relevant entities (including the 
North Pacific Fishery Management Council, the Na-
tional Oceanic and Atmospheric Administration 
Weather Service, the National Oceanic and Atmos-
pheric Administration Fisheries Service, agencies of 
the State of Alaska, local radio stations, and stake-
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merce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the 
House of Representatives a report on the availability of ap-
propriate emergency supplies at Coast Guard units. 
(b) ELEMENTS.—The report required under subsection 
(a) shall include the following: 
(1) An assessment of the extent to which— 
(A) the Commandant ensures that Coast 
Guard units assess risks and plan accordingly to 
obtain and maintain appropriate emergency 
supplies; and 
(B) Coast Guard units have emergency food 
and water supplies available according to local 
emergency preparedness needs. 
(2) A description of any challenge the Com-
mandant faces in planning for and maintaining ade-
quate emergency supplies for Coast Guard personnel. 
(c) PUBLICATION.—Not later than 90 days after the 
date of submission of the report required by subsection (a), 
the Commandant shall publish a strategy and recommenda-
tions in response to the report that includes— 
(1) a plan for improving emergency prepared-
ness and emergency supplies for Coast Guard units; 
and 
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4220 
(e) CHAPTER ANALYSIS.—The analysis for chapter 305 
of title 46, United States Code, is amended— 
(1) by inserting before the item relating to sec-
tion 30501 the following: 
‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; 
(2) by inserting after the item relating to section 
30502 the following: 
‘‘SUBCHAPTER II—EXONERATION AND LIMITATION OF LIABILITY’’; 
(3) by striking the item relating to section 30501 
and inserting the following: 
‘‘30501. Definitions.’’; 
and 
(4) by redesignating the items relating to sec-
tions 30503 through 30512 as items relating to sec-
tions 30521 through 30530, respectively. 
(f) CONFORMING AMENDMENTS.—Title 46, United 
States Code, is further amended— 
(1) in section 14305(a)(5) by striking ‘‘section 
30506’’ and inserting ‘‘section 30524’’; 
(2) in section 30523(a), as redesignated by sub-
section (a), by striking ‘‘section 30506’’ and inserting 
‘‘section 30524’’; 
(3) in section 30524(b), as redesignated by sub-
section (a), by striking ‘‘section 30505’’ and inserting 
‘‘section 30523’’; and 
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(C) Angelique (Official Number 623562). 
(D) Heritage (Official Number 649561). 
(E) J & E Riggin (Official Number 
226422). 
(F) Ladona (Official Number 222228). 
(G) Lady Washington (Official Number 
944970). 
(H) Lettie G. Howard (Official Number 
222838). 
(I) Lewis R. French (Official Number 
015801). 
(J) Mary Day (Official Number 288714). 
(K) 
Stephen 
Taber 
(Official 
Number 
115409). 
(L) 
Victory 
Chimes 
(Official 
Number 
136784). 
(M) 
Grace 
Bailey 
(Official 
Number 
085754). 
(N) Mercantile (Official Number 214388). 
(O) Mistress (Official Number 509004). 
(P) Wendameen (Official Number 210173). 
(2) HISTORIC WOOD SAILING VESSEL.—The term 
‘‘historic wood sailing vessel’’ means a covered small 
passenger vessel, as defined in section 3306(n)(5) of 
title 46, United States Code, that— 
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