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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Mercury Pollution Reduction Act''.

SEC. 2. FINDINGS.

Congress finds that--
(1) mercury and mercury compounds are highly toxic to
humans, ecosystems, and wildlife;
(2) as many as 10 percent of women in the United States of
childbearing age have mercury in their bloodstreams at a level
that could pose risks to their unborn babies, and hundreds of
thousands of children born annually in the United States are at
risk of neurological problems relating to mercury exposure in
utero;
(3) the most significant source of mercury exposure to
people in the United States is ingestion of mercury-
contaminated fish;
(4) the long-term solution to mercury pollution is to
minimize global mercury use and releases of mercury to
eventually achieve reduced contamination levels in the
environment, rather than reducing fish consumption, since
uncontaminated fish represents a critical and healthy source of
nutrition for people worldwide;
(5) mercury pollution is a transboundary pollutant that--
(A) is deposited locally, regionally, and globally;
and
(B) affects bodies of water near industrial areas,
such as the Great Lakes, as well as bodies of water in
remote areas, such as the Arctic Circle;
(6) of the approximately 30 plants in the United States
that produce chlorine, only 7 use the obsolete ''mercury cell''
chlor-alkali process, and 4 have not yet committed to phasing
out mercury use;
(7)(A) less than 5 percent of the total quantity of
chlorine and caustic soda produced in the United States comes
from the chlor-alkali plants described in paragraph (6) that
use the mercury cell chlor-alkali process;
(B) cost-effective alternatives are available and in use in
the remaining 95 percent of chlorine and caustic soda
production; and
(C) other countries, including Japan, have already banned
the mercury cell chlor-alkali process;
(8) the chlor-alkali industry acknowledges that--
(A) mercury can contaminate products manufactured
at mercury cell facilities; and
(B) the use of some of those products results in
the direct and indirect release of mercury;
(9) despite those quantities of mercury known to have been
used or to be in use, neither the chlor-alkali industry nor the
Environmental Protection Agency is able--
(A) to adequately account for the disposition of
the mercury used at those facilities; or
(B) to accurately estimate current mercury
emissions; and
(10) it is critically important that the United States work
aggressively toward the minimization of supply, demand, and
releases of mercury, both domestically and internationally.

SEC. 3. STATEMENT OF POLICY.

Congress declares that the United States should develop policies
and programs that will--
(1) reduce mercury use and emissions within the United
States;
(2) reduce mercury releases from the reservoir of mercury
currently in use or circulation within the United States; and
(3) reduce exposures to mercury, particularly exposures of
women of childbearing age and young children.

SEC. 4. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.

(a) In General.--Title I of the Toxic Substances Control Act (15
U.S.C. 2601 et seq.) is amended by inserting after section 6 the
following:

''SEC. 6A. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.

''(a) Definition of Chlor-alkali Facility.--In this section, the
term 'chlor-alkali facility' means a facility used for the manufacture
of chlorine or caustic soda using a mercury cell process.
''(b) Prohibition.--
''(1) In general.--Except as otherwise provided in this
subsection, it shall be unlawful to manufacture chlorine or
caustic soda using mercury cells at any facility in the United
States.
''(2) Notice.--The owner or operator of any existing chlor-
alkali facility shall notify the Administrator no later than
June 30, 2012, whether it will--
''(A) replace its chlor-alkali facility with a new
manufacturing facility that does not use mercury; or
''(B) cease operations.
''(3) Closure.--A chlor-alkali facility for which a closure
notice is filed under paragraph (2)(B) shall cease
manufacturing chlorine or caustic soda using mercury cells no
later than June 30, 2013.
''(4) Replacement.--A chlor-alkali facility for which a
replacement notice is filed under paragraph (2)(A) may continue
to manufacture chlorine or caustic soda using mercury cells
until all of the permitting, financing, engineering, and
construction of a non-mercury replacement facility is complete,
or June 30, 2015, whichever is earlier.
''(c) Export Ban.--Effective on the date of the enactment of this
section, the export of any elemental mercury or the sale of elemental
mercury for purposes of export, including compounds and mixtures
containing elemental mercury, by the owner or operator of a chlor-
alkali facility is prohibited.
''(d) Savings Provision.--Nothing in this section affects the
ability of the owner or operator of any chlor-alkali facility to store
elemental mercury in accordance with section 5(g)(2) of the Mercury
Export Ban Act of 2008 (42 U.S.C. 6939f).''.
(b) Conforming Amendments.--(1) The table of contents of the Toxic
Substances Control Act (15 U.S.C. 2601 note) is amended by inserting
after the item relating to section 6 the following:

''Sec. 6A. Use of mercury in chlorine and caustic soda
manufacturing.''.
(2) Paragraphs (1) and (2) of section 15 of such Act are each
amended by striking ''or 6'' and inserting '', 6 or 6A''.
Mercury Pollution Reduction Act - Declares that the United States should develop policies and programs that will reduce: (1) mercury use and emissions; (2) mercury releases from the reservoir of mercury currently in use or circulation; and (3) exposures to mercury, particularly of women of childbearing age and young children.

Amends the Toxic Substances Control Act to prohibit: (1) the manufacture of chlorine or caustic soda using mercury cells at any facility in the United States; and (2) the export of any elemental mercury or the sale of elemental mercury for purposes of export, including compounds and mixtures containing elemental mercury, by the owner or operator of a chlor-alkali facility.

Requires the owner or operator of any existing chlor-alkali facility to notify the Administrator of the Environmental Protection Agency (EPA) no later than June 30, 2012, on whether the owner or operator will replace its chlor-alkali facility with a new manufacturing facility that does not use mercury or cease operations. Requires a chlor-alkali facility for which a closure notice is filed to cease manufacturing chlorine or caustic soda using mercury cells no later than June 30, 2013. Authorizes a chlor-alkali facility for which a replacement notice is filed to continue to manufacture chlorine or caustic soda using mercury cells until all of the permitting, financing, engineering, and construction of a non-mercury replacement facility is complete or June 30, 2015, whichever is earlier.

Provides that this Act does not affect the ability of the owner or operator of any chlor-alkali facility to store elemental mercury in accordance with the Mercury Export Ban Act of 2008.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Drug Trafficking Vessel Interdiction
Act of 2008''.

TITLE I--CRIMINAL PROHIBITION

SEC. 101. FINDINGS AND DECLARATIONS.

Congress finds and declares that operating or embarking in a
submersible vessel or semi-submersible vessel without nationality and
on an international voyage is a serious international problem,
facilitates transnational crime, including drug trafficking, and
terrorism, and presents a specific threat to the safety of maritime
navigation and the security of the United States.

SEC. 102. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL
WITHOUT NATIONALITY.

(a) In General.--Chapter 111 of title 18, United States Code, is
amended by adding at the end the following new section:
''Sec. 2285. Operation of submersible vessel or semi-submersible vessel
without nationality
''(a) Offense.--Whoever knowingly operates, or attempts or
conspires to operate, by any means, or embarks in any submersible
vessel or semi-submersible vessel that is without nationality and that
is navigating or has navigated into, through, or from waters beyond the
outer limit of the territorial sea of a single country or a lateral
limit of that country's territorial sea with an adjacent country, with
the intent to evade detection, shall be fined under this title,
imprisoned not more than 15 years, or both.
''(b) Evidence of Intent To Evade Detection.--For purposes of
subsection (a), the presence of any of the indicia described in
paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6),
of section 70507(b) of title 46 may be considered, in the totality of
the circumstances, to be prima facie evidence of intent to evade
detection.
''(c) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section, including an
attempt or conspiracy to commit such an offense.
''(d) Claim of Nationality or Registry.--A claim of nationality or
registry under this section includes only--
''(1) possession on board the vessel and production of
documents evidencing the vessel's nationality as provided in
article 5 of the 1958 Convention on the High Seas;
''(2) flying its nation's ensign or flag; or
''(3) a verbal claim of nationality or registry by the
master or individual in charge of the vessel.
''(e) Affirmative Defenses.--
''(1) In general.--It is an affirmative defense to a
prosecution for a violation of subsection (a), which the
defendant has the burden to prove by a preponderance of the
evidence, that the submersible vessel or semi-submersible
vessel involved was, at the time of the offense--
''(A) a vessel of the United States or lawfully
registered in a foreign nation as claimed by the master
or individual in charge of the vessel when requested to
make a claim by an officer of the United States
authorized to enforce applicable provisions of United
States law;
''(B) classed by and designed in accordance with
the rules of a classification society;
''(C) lawfully operated in government-regulated or
licensed activity, including commerce, research, or
exploration; or
''(D) equipped with and using an operable automatic
identification system, vessel monitoring system, or
long range identification and tracking system.
''(2) Production of documents.--The affirmative defenses
provided by this subsection are proved conclusively by the
production of--
''(A) government documents evidencing the vessel's
nationality at the time of the offense, as provided in
article 5 of the 1958 Convention on the High Seas;
''(B) a certificate of classification issued by the
vessel's classification society upon completion of
relevant classification surveys and valid at the time
of the offense; or
''(C) government documents evidencing licensure,
regulation, or registration for commerce, research, or
exploration.
''(f) Federal Activities Excepted.--Nothing in this section applies
to lawfully authorized activities carried out by or at the direction of
the United States Government.
''(g) Applicability of Other Provisions.--Sections 70504 and 70505
of title 46 apply to offenses under this section in the same manner as
they apply to offenses under section 70503 of such title.
''(h) Definitions.--In this section, the terms 'submersible
vessel', 'semi-submersible vessel', 'vessel of the United States', and
'vessel without nationality' have the meaning given those terms in
section 70502 of title 46.''.
(b) Clerical Amendment.--The chapter analysis for chapter 111 of
title 18, United States Code, is amended by inserting after the item
relating to section 2284 the following:

''2285. Operation of submersible vessel or semi-submersible vessel
without nationality.''.

SEC. 103. SENTENCING GUIDELINES.

(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall promulgate sentencing
guidelines (including policy statements) or amend existing sentencing
guidelines (including policy statements) to provide adequate penalties
for persons convicted of knowingly operating by any means or embarking
in any submersible vessel or semi-submersible vessel in violation of
section 2285 of title 18, United States Code.
(b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
(1) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offense described
in section 2285 of title 18, United States Code, and the need
for deterrence to prevent such offenses;
(2) account for any aggravating or mitigating circumstances
that might justify exceptions, including--
(A) the use of a submersible vessel or semi-
submersible vessel described in section 2285 of title
18, United States Code, to facilitate other felonies;
(B) the repeated use of a submersible vessel or
semi-submersible vessel described in section 2285 of
title 18, United States Code, to facilitate other
felonies, including whether such use is part of an
ongoing criminal organization or enterprise;
(C) whether the use of such a vessel involves a
pattern of continued and flagrant violations of section
2285 of title 18, United States Code;
(D) whether the persons operating or embarking in a
submersible vessel or semi-submersible vessel willfully
caused, attempted to cause, or permitted the
destruction or damage of such vessel or failed to heave
to when directed by law enforcement officers; and
(E) circumstances for which the sentencing
guidelines (and policy statements) provide sentencing
enhancements;
(3) ensure reasonable consistency with other relevant
directives, other sentencing guidelines and policy statements,
and statutory provisions;
(4) make any necessary and conforming changes to the
sentencing guidelines and policy statements; and
(5) ensure that the sentencing guidelines and policy
statements adequately meet the purposes of sentencing set forth
in section 3553(a)(2) of title 18, United States Code.

TITLE II--CIVIL PROHIBITION

SEC. 201. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL
WITHOUT NATIONALITY.

(a) Finding and Declaration.--Section 70501 of title 46, United
States Code, is amended--
(1) by inserting ''(1)'' after ''that''; and
(2) by striking ''States.'' and inserting ''States and (2)
operating or embarking in a submersible vessel or semi-
submersible vessel without nationality and on an international
voyage is a serious international problem, facilitates
transnational crime, including drug trafficking, and terrorism,
and presents a specific threat to the safety of maritime
navigation and the security of the United States.''.

SEC. 202. OPERATION PROHIBITED.

(a) In General.--Chapter 705 of title 46, United States Code, is
amended by adding at the end thereof the following:
''Sec. 70508. Operation of submersible vessel or semi-submersible
vessel without nationality
''(a) In General.--An individual may not operate by any means or
embark in any submersible vessel or semi-submersible vessel that is
without nationality and that is navigating or has navigated into,
through, or from waters beyond the outer limit of the territorial sea
of a single country or a lateral limit of that country's territorial
sea with an adjacent country, with the intent to evade detection
''(b) Evidence of Intent To Evade Detection.--In any civil
enforcement proceeding for a violation of subsection (a), the presence
of any of the indicia described in paragraph (1)(A), (E), (F), or (G),
or in paragraph (4), (5), or (6), of section 70507(b) may be
considered, in the totality of the circumstances, to be prima facie
evidence of intent to evade detection.
''(c) Defenses.--
''(1) In general.--It is a defense in any civil enforcement
proceeding for a violation of subsection (a) that the
submersible vessel or semi-submersible vessel involved was, at
the time of the violation--
''(A) a vessel of the United States or lawfully
registered in a foreign nation as claimed by the master
or individual in charge of the vessel when requested to
make a claim by an officer of the United States
authorized to enforce applicable provisions of United
States law;
''(B) classed by and designed in accordance with
the rules of a classification society;
''(C) lawfully operated in government-regulated or
licensed activity, including commerce, research, or
exploration; or
''(D) equipped with and using an operable automatic
identification system, vessel monitoring system, or
long range identification and tracking system.
''(2) Production of documents.--The defenses provided by
this subsection are proved conclusively by the production of--
''(A) government documents evidencing the vessel's
nationality at the time of the offense, as provided in
article 5 of the 1958 Convention on the High Seas;
''(B) a certificate of classification issued by the
vessel's classification society upon completion of
relevant classification surveys and valid at the time
of the offense; or
''(C) government documents evidencing licensure,
regulation, or registration for research or
exploration.
''(d) Civil Penalty.--A person violating this section shall be
liable to the United States for a civil penalty of not more than
$1,000,000.''
(b) Conforming Amendments.--
(1) The chapter analysis for chapter 705 of title 46,
United States Code, is amended by inserting after the item
relating to section 70507 the following:

''70508. Operation of submersible vessel or semi-submersible vessel
without nationality.''.
(2) Section 70504(b) of title 46, United States Code, is
amended by inserting ''or 70508'' after ''70503''.
(3) Section 70505 of title 46, United States Code, is
amended by striking ''this title'' and inserting ''this title,
or against whom a civil enforcement proceeding is brought under
section 70508,''.

SEC. 203. SUBMERSIBLE VESSEL AND SEMI-SUBMERSIBLE VESSEL DEFINED.

Section 70502 of title 46, United States Code, is amended by adding
at the end thereof the following:
''(f) Semi-Submersible Vessel; Submersible Vessel.--In this
chapter:
''(1) Semi-submersible vessel.--The term 'semi-submersible
vessel' means any watercraft constructed or adapted to be
capable of operating with most of its hull and bulk under the
surface of the water, including both manned and unmanned
watercraft.
''(2) Submersible vessel.--The term 'submersible vessel'
means a vessel that is capable of operating completely below
the surface of the water, including both manned and unmanned
watercraft.''.
Drug Trafficking Vessel Interdiction Act of 2008 - Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for knowingly operating or attempting or conspiring to operate by any means, or for embarking in, any submersible or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to avoid detection. Imposes an additional civil fine of up to $1 million for violations.

SECTION 1. TRANSFERS OF MOTORBOAT FUEL TAXES FROM HIGHWAY TRUST FUND.

(a) Authorization of Transfers.--Section 9503(c)(4) of the Internal
Revenue Code of 1986 (26 U.S.C. 9503(c)(4)) is amended--
(1) by striking subparagraph (A) of section 9503(c)(4);
(2) by redesignating subparagraph (B) as subparagraph (A)
and amending it to read as follows:
''(A) $1,000,000 per year transferred to land and
water conservation fund.--
''(i) In general.--The Secretary shall pay
from time to time from the Highway Trust Fund
into the land and water conservation fund
provided for in title I of the Land and Water
Conservation Fund Act of 1965 amounts (as
determined by him) equivalent to the motorboat
fuel taxes received on or after October 1,
1993, and before October 1, 1997.
''(ii) Limitation.--The aggregate amount
transferred under this subparagraph during any
fiscal year shall not exceed $1,000,000.'';
(3) by striking ''or (B)'' in clause (ii) of subparagraph
(B) (as so redesignated); and
(4) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively.
(b) Technical Amendment.--Section 9504(d) of the Internal Revenue
Code of 1986 (26 U.S.C. 9504(d)) is amended by striking ''Boat Safety
Account and''.
(c) Effective Date.--This amendment shall be effective October 1,
1993.

SEC. 2. TECHNICAL AMENDMENTS TO AQUATIC RESOURCES TRUST FUND.

(a) Section 9504(a)(2) of the Internal Revenue Code of 1986 (26
U.S.C. 9504(a)(2)) is amended by inserting after ''section 9602(b)''
the following: ''of this title, or as provided in subsection 4(a) of
the Act entitled 'An Act to provide that the United States shall aid
the States in fish restoration and management projects, and for other
purposes', approved August 9, 1950 (64 Stat. 430; 16 U.S.C. 777c), as
amended,''.
(b) Section 9504(b)(2)(A) of the Internal Revenue Code of 1986 (26
U.S.C. 9504(b)(2)(A)) is amended by striking ''(as in effect on October
1, 1988)''.
(c) Section 9504(c) of the Internal Revenue Code of 1986 (26 U.S.C.
9504(c)) is amended to read as follows:
''(c) Expenditures From Boat Safety Account.--Amounts in the Boat
Safety Account shall be available for making expenditures before April
1, 1999, to carry out the purposes of section 13106 of title 46, United
States Code.''.
(d) Effective Dates.--The amendment to section (a) shall be
effective October 1, 1994. The amendments to sections (b) and (c) shall
be effective October 1, 1993.

SEC. 3. FUNDING FOR RECREATIONAL BOATING SAFETY PROGRAMS.

(a) Transfer.--Section 4 of the Act of August 9, 1950 (16 U.S.C.
777c) is amended--
(1) by redesignating subsections (a), (b), (c), (d), and
(e) in order, as subsections (b), (c), (d), (e), and (f);
(2) by inserting before subsection (b) (as so redesignated)
the following new subsection:
''(a) Of each annual appropriation made in accordance with the
provisions of section 3 of this Act (16 U.S.C. 777b) from transfers
made from the Highway Trust Fund to the Sport Fish Restoration Account
for motorboat fuel taxes received on or after October 1, 1993, and
before October 1, 1997, the Secretary of the Interior shall transfer to
the Boat Safety Account of the Aquatic Resources Trust Fund an amount
equal to $77,500,000 for fiscal year 1995, $80,000,000 for each of
fiscal years 1996 and 1997, and $90,000,000 for fiscal year 1998, to be
expended by the Secretary of Transportation for recreational boating
safety programs under section 13106 of title 46, United States Code.'';
(3) in subsection (b) (as so redesignated) by striking
''The Secretary of the Interior'' through ''section 3 of this
Act'' and inserting the following: ''Of the balance of each
annual appropriation remaining after making the distribution
under subsection (a), the Secretary of the Interior shall
distribute 18 per centum'';
(4) by amending subsection (c) (as so redesignated) to read
as follows:
''(c) Of the balance of each annual appropriation remaining after
making the distribution under subsections (a) and (b), an amount equal
to $7,500,000 for fiscal year 1995, and $10,000,000 for each of fiscal
years 1996 and 1997, shall be available for two years for obligation
under section 5604(c) of the Clean Vessel Act of 1992. The Secretary of
the Interior may make grants for qualified projects in an amount up to
the amount available under this paragraph. Amounts unobligated by the
Secretary of the Interior after two years shall be transferred to the
Secretary of Transportation and be expended for State recreational
boating safety programs under section 13106(b)(1) of title 46, United
States Code.'';
(5) in subsection (d) (as so redesignated) by striking
''(a) and (b)'' and inserting ''(a), (b), and (c)''; and
(6) in subsection (e) (as so redesignated) by striking
''and (c)'' and inserting ''(c), and (d)''.
(b) Effective Date.--This amendment shall be effective October 1,
1994.

SEC. 4. AUTHORIZATION OF EXPENDITURES FOR RECREATIONAL BOATING SAFETY
PROGRAMS.

Section 13106 of title 46, United States Code, is amended--
(1) by striking subsection (c);
(2) by redesignating subsections (a) and (b), in order, as
subsections (b) and (c);
(3) by inserting before subsection (b) (as so redesignated)
the following new subsection:
''(a) Of the amount transferred for each fiscal year to the Boat
Safety Account under section 4 of the Act of August 9, 1950 (16 U.S.C.
777c), as amended, $35,000,000 is available to the Secretary for
expenditures out of the operating expenses account of the Coast Guard
for services provided by the Coast Guard for recreational boating
safety, including services provided by the Coast Guard Auxiliary.
Amounts made available by this subsection shall remain available until
expended.'';
(4) by amending subsection 13106(b)(1) (as so redesignated)
to read as follows:
''(b)(1) Subject to paragraph (2), the Secretary may expend the
balance of the amount transferred each fiscal year to the Boat Safety
Account under section 4 of the Act of August 9, 1950 (16 U.S.C. 777c),
as amended, for State recreational boating safety programs as provided
under the guidelines established under subsection (c) of this section.
The amount shall be allocated as provided under section 13103 of this
title. Amounts made available by this subsection shall remain available
until expended. Amounts previously obligated but released by payment of
a final voucher or modification of a program acceptance shall be
credited to the balance of unobligated amounts and are immediately
available for expenditure.'';
(5) by amending the catchline of section 13106 to read as
follows:
''Sec. 13106. Spending authority for recreational boating safety
programs'';
and
(6) by amending the item relating to section 13106 in the
table of sections at the beginning of chapter 131 of title 46,
United States Code, to read as follows:

''13106. Spending authority for recreational boating safety
programs.''.
(b) Effective Date.--This amendment shall be effective October 1,
1994.
Amends the Internal Revenue Code to require the transfer of specified amounts equivalent to the motorboat fuel taxes received during a year by the Highway Trust Fund to the land and water conservation fund.
Extends the authority to make amounts in the Boat Safety Account available for State recreational boating safety programs.
Amends the Dingell-Johnson Sport Fish Restoration Act to require for FY 1995 through 1998 the transfer of specified amounts from the Sport Fish Restoration Account to the Boat Safety Account of the Aquatic Resources Trust Fund for recreational boating safety programs. Earmarks specified amounts for qualified projects under the Clean Vessel Act of 1992. Transfers unobligated amounts for recreational boating safety programs.
Amends Federal shipping law to make a specified amount of funds from the Boat Safety Account available for expenditures out of the operating expenses account of the Coast Guard for services provided by it for recreational boating safety, including services provided by the Coast Guard Auxiliary.
Authorizes expenditure of the balance of amounts transferred each year to the Boat Safety Account for State recreational boating safety programs.