Page:United States Statutes at Large Volume 124.djvu/2949

 124 STAT. 2923 PUBLIC LAW 111–281—OCT. 15, 2010 (2) by striking the item relating to section 492a and inserting the following new items: ‘‘492a. Silver star medal. ‘‘492b. Distinguished flying cross.’’. TITLE III—SHIPPING AND NAVIGATION SEC. 301. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDIC - TION. Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33 U.S.C. 471) is amended— (1) by striking ‘‘That the’’ and inserting the following: ‘‘(a) IN GENERAL.—The’’. (2) in subsection (a) (as designated by paragraph (1)) by striking ‘‘$100; and the’’ and inserting ‘‘up to $10,000. Each day during which a violation continues shall constitute a sepa- rate violation. The’’; and (3) by adding at the end the following: ‘‘(b) DEFINITION.—As used in this section ‘navigable waters of the United States’ includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988.’’. SEC. 302. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENT- SIMPLE POSSESSION. Section 70506 of title 46, United States Code, is amended by adding at the end the following: ‘‘(c) SIMPLE POSSESSION.— ‘‘(1) IN GENERAL.—Any individual on a vessel subject to the jurisdiction of the United States who is found by the Sec- retary, after notice and an opportunity for a hearing, to have knowingly or intentionally possessed a controlled substance within the meaning of the Controlled Substances Act (21 U.S.C. 812) shall be liable to the United States for a civil penalty of not to exceed 5,000 for each violation. The Secretary shall notify the individual in writing of the amount of the civil penalty. ‘‘(2) DETERMINATION OF AMOUNT.—In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts com- mitted and, with respect to the violator, the degree of culpa- bility, any history of prior offenses, ability to pay, and other matters that justice requires. ‘‘(3) TREATMENT OF CIVIL PENALTY ASSESSMENT.—Assess- ment of a civil penalty under this subsection shall not be considered a conviction for purposes of State or Federal law but may be considered proof of possession if such a determina- tion is relevant.’’. SEC. 303. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW. (a) DEFINITIONS.—Section 14101(4) of title 46, United States Code, is amended— (1) by striking ‘‘engaged’’ the first place it appears and inserting ‘‘that engages’’; Notification. Penalty.