[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2204 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                         October 12 (legislative day, October 2), 1998.
      Resolved, That the bill from the House of Representatives (H.R. 
2204) entitled ``An Act to authorize appropriations for fiscal years 
1998 and 1999 for the Coast Guard, and for other purposes.'', do pass 
with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coast Guard Authorization Act for 
Fiscal Years 1998, 1999, and 2000''.

SEC. 2. TABLE OF SECTIONS.

    The table of sections for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of sections.

               TITLE I--APPROPRIATIONS; AUTHORIZED LEVELS

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. LORAN-C.

                    TITLE II--COAST GUARD MANAGEMENT

Sec. 201. Severance pay.
Sec. 202. Authority to implement and fund certain awards programs.
Sec. 203. Use of appropriated funds for commercial vehicles at military 
                            funerals.
Sec. 204. Authority to reimburse Novato, California, Reuse Commission.
Sec. 205. Eliminate supply fund reimbursement requirement.
Sec. 206. Disposal of certain material to Coast Guard Auxiliary.
Sec. 207. Law enforcement authority for special agents of the Coast 
                            Guard Investigative Service.
Sec. 208. Report on excess Coast Guard property.
Sec. 209. Fees for navigation assistance service.
Sec. 210. Aids to navigation report.

         TITLE III--MARINE SAFETY AND ENVIRONMENTAL PROTECTION

Sec. 301. Alcohol testing.
Sec. 302. Penalty for violation of international convention.
Sec. 303. Protect marine casualty investigations from mandatory 
                            release.
Sec. 304. Eliminate biennial research and development report.
Sec. 305. Extension of territorial sea for certain laws.
Sec. 306. Safety management code report and policy.
Sec. 307. Oil and hazardous substance definition and report.
Sec. 308. National Marine Transportation System.
Sec. 309. Availability and use of EPIRBs for recreational vessels.
Sec. 310. Search and rescue helicopter coverage.
Sec. 311. Petroleum transportation.
Sec. 312. Seasonal Coast Guard helicopter air rescue capability.
Sec. 313. Ship reporting systems.
Sec. 314. Interim authority for dry bulk cargo residue disposal.

                        TITLE IV--MISCELLANEOUS

Sec. 401. Vessel identification system amendments.
Sec. 402. Conveyance of lighthouses.
Sec. 403. Administrative authority to convey lighthouses.
Sec. 404. Conveyance of Communication Station Boston Marshfield 
                            Receiver site, Massachusetts.
Sec. 405. Conveyance of Nahant Parcel, Essex County, Massachusetts.
Sec. 406. Conveyance of Coast Guard Station Ocracoke, North Carolina.
Sec. 407. Conveyance of Coast Guard Loran Station Nantucket.
Sec. 408. Conveyance of Coast Guard Reserve training facility, 
                            Jacksonville, Florida.
Sec. 409. Conveyance of decommissioned Coast Guard vessels.
Sec. 410. Amendment to conveyance of vessel S/S Red Oak Victory.
Sec. 411. Transfer of Ocracoke Light Station to Secretary of the 
                            Interior.
Sec. 412. Vessel documentation clarification.
Sec. 413. Sanctions for failure to land or to heave to; sanctions for 
                            obstruction of boarding and providing false 
                            information.
Sec. 414. Dredge clarification.
Sec. 415. Great Lakes Pilotage Advisory Committee.
Sec. 416. Documentation of certain vessels.
Sec. 417. Double hull alternative designs study.
Sec. 418. Report on maritime activities.
Sec. 419. Vessel sharing agreements.
Sec. 420. Report on SWATH technology.
Sec. 421. Report on tonnage calculation methodology.
Sec. 422. Authority to convey National Defense Reserve Fleet Vessel, 
                            American Victory.
Sec. 423. Authority to convey National Defense Reserve Fleet Vessel, 
                            John Henry.
Sec. 424. Authorized number of NOAA Corps commissioned officers.
Sec. 425. Coast Guard City, USA.
Sec. 426. Marine transportation flexibility.

         TITLE V--ADMINISTRATIVE PROCESS FOR JONES ACT WAIVERS

Sec. 501. Findings.
Sec. 502. Administrative waiver of coastwise trade laws.
Sec. 503. Revocation.
Sec. 504. Definitions.

               TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA

Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Assessments.
Sec. 604. Northern Gulf of Mexico hypoxia.
Sec. 605. Authorization of appropriations.
Sec. 606. Amendment to National Sea Grant College Program Act.
Sec. 607. Amendment to the Coastal Zone Management Act.
Sec. 608. Protection of States' rights.

             TITLE VII--ADDITIONAL MISCELLANEOUS PROVISIONS

Sec. 701. Applicability of authority to release restrictions and 
                            encumbrances.

               TITLE I--APPROPRIATIONS; AUTHORIZED LEVELS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 1998.--Funds are authorized to be appropriated for 
necessary expenses of the Coast Guard for fiscal year 1998, as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $2,715,400,000, of which $25,000,000 shall be derived from the 
        Oil Spill Liability Trust Fund.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $397,850,000, to remain available until expended, of 
        which $20,000,000 shall be derived from the Oil Spill Liability 
        Trust Fund to carry out the purposes of section 1012(a)(5) of 
        the Oil Pollution Act of 1990.
            (3) For research, development, test, and evaluation of 
        technologies, materials, and human factors directly relating to 
        improving the performance of the Coast Guard's mission in 
        support of search and rescue, aids to navigation, marine 
        safety, marine environmental protection, enforcement of laws 
        and treaties, ice operations, oceanographic research, and 
        defense readiness, $19,000,000, to remain available until 
        expended, of which $3,500,000 shall be derived from the Oil 
        Spill Liability Trust Fund.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
        of title 10, United States Code, $653,196,000.
            (5) For alteration or removal of bridges over navigable 
        waters of the United States constituting obstructions to 
        navigation, and for personnel and administrative costs 
        associated with the bridge alteration program, $17,000,000, to 
        remain available until expended.
            (6) For environmental compliance and restoration at Coast 
        Guard facilities functions (other than parts and equipment 
        associated with operations and maintenance), $21,000,000, to 
        remain available until expended.
    (b) Fiscal Year 1999.--Funds are authorized to be appropriated for 
necessary expenses of the Coast Guard for fiscal year 1999, as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $2,808,000,000, of which $25,000,000 shall be derived from the 
        Oil Spill Liability Trust Fund and of which not less than 
        $408,000,000 shall be available for expenses related to drug 
        interdiction.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $505,000,000, to remain available until expended, of 
        which $20,000,000 shall be derived from the Oil Spill Liability 
        Trust Fund to carry out the purposes of section 1012(a)(5) of 
        the Oil Pollution Act of 1990 and of which not less than 
        $62,000,000 shall be available for expenses related to drug 
        interdiction.
            (3) For research, development, test, and evaluation of 
        technologies, materials, and human factors directly relating to 
        improving the performance of the Coast Guard's mission in 
        support of search and rescue, aids to navigation, marine 
        safety, marine environmental protection, enforcement of laws 
        and treaties, ice operations, oceanographic research, and 
        defense readiness, $18,300,000, to remain available until 
        expended, of which $3,500,000 shall be derived from the Oil 
        Spill Liability Trust Fund.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
        of title 10, United States Code, $691,493,000.
            (5) For alteration or removal of bridges over navigable 
        waters of the Untied States constituting obstructions to 
        navigation, and for personnel and administrative costs 
        associated with the bridge alteration program, $26,000,000, to 
        remain available until expended.
            (6) For environmental compliance and restoration at Coast 
        Guard facilities functions (other than parts and equipment 
        associated with operations and maintenance), $21,000,000, to 
        remain available until expended.
    (c) Fiscal Year 2000.--Funds are authorized to be appropriated for 
necessary expenses of the Coast Guard for fiscal year 2000, as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $2,880,000,000, of which $25,000,000 shall be derived from the 
        Oil Spill Liability Trust Fund and of which not less than 
        $408,000,000 shall be available for expenses related to drug 
        interdiction.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $665,969,000, to remain available until expended, of 
        which $20,000,000 shall be derived from the Oil Spill Liability 
        Trust Fund to carry out the purposes of section 1012(a)(5) of 
        the Oil Pollution Act of 1990, and of which not less than 
        $62,000,000 shall be available for expenses related to drug 
        interdiction.
            (3) For research, development, test, and evaluation of 
        technologies, materials, and human factors directly relating to 
        improving the performance of the Coast Guard's mission in 
        support of search and rescue, aids to navigation, marine 
        safety, marine environmental protection, enforcement of laws 
        and treaties, ice operations, oceanographic research, and 
        defense readiness, $23,050,000, to remain available until 
        expended, of which $3,500,000 shall be derived from the Oil 
        Spill Liability Trust Fund.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
        of title 10, United States Code, $730,327,000.
            (5) For alteration or removal of bridges over navigable 
        waters of the Untied States constituting obstructions to 
        navigation, and for personnel and administrative costs 
        associated with the bridge alteration program, $26,000,000, to 
        remain available until expended.
            (6) For environmental compliance and restoration at Coast 
        Guard facilities functions (other than parts and equipment 
        associated with operations and maintenance), $21,000,000, to 
        remain available until expended.

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

    (a) 1998 End-of-year Strength.--The Coast Guard is authorized an 
end-of-year strength for active duty personnel of 37,944 as of 
September 30, 1998.
    (b) 1998 Military Training Student Loads.--For fiscal year 1998, 
the Coast Guard is authorized average military training student loads 
as follows:
            (1) For recruit and special training, 1,424 student years.
            (2) For flight training, 98 student years.
            (3) For professional training in military and civilian 
        institutions, 283 student years.
            (4) For officer acquisition, 814 student years.
    (c) 1999 End-of-year Strength.--The Coast Guard is authorized an 
end-of-year strength for active duty personnel of 38,038 as of 
September 30, 1999.
    (d) 1999 Military Training Student Loads.--For fiscal year 1999, 
the Coast Guard is authorized average military training student loads 
as follows:
            (1) For recruit and special training, 1,424 student years.
            (2) For flight training, 98 student years.
            (3) For professional training in military and civilian 
        institutions, 283 student years.
            (4) For officer acquisition, 810 student years.
    (e) 2000 End-of-Year Strength.--The Coast Guard is authorized an 
end-of-year strength for active duty personnel of 38,313 as of 
September 30, 2000.
    (f) 2000 Military Training Student Loads.--For fiscal year 2000, 
the Coast Guard is authorized average military training student loads 
as follows:
            (1) For recruit and special training, 1,424 student years.
            (2) For flight training, 98 student years.
            (3) For professional training in military and civilian 
        institutions, 283 student years.
            (4) For officer acquisition, 825 student years.

SEC. 103. LORAN-C.

    (a) Fiscal Years 1999 and 2000.--There are authorized to be 
appropriated to the Department of Transportation, in addition to the 
funds authorized for the Coast Guard for operation of the LORAN-C 
System, for capital expenses related to LORAN-C navigation 
infrastructure, $10,000,000 for fiscal year 1999, and $35,000,000 for 
fiscal year 2000. The Secretary of Transportation may transfer from the 
Federal Aviation Administration and other agencies of the department 
funds appropriated as authorized under this section in order to 
reimburse the Coast Guard for related expenses.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Secretary of Transportation shall report to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives on cost-sharing arrangements among Federal agencies for 
such capital expenses related to LORAN-C navigation infrastructure, 
including, but not limited to, the Coast Guard and the Federal Aviation 
Administration.

                    TITLE II--COAST GUARD MANAGEMENT

SEC. 201. SEVERANCE PAY.

    (a) Warrant Officers.--Section 286a(d) of title 14, United States 
Code, is amended by striking the last sentence.
    (b) Separated Officers.--Section 286a of title 14, United States 
Code, is amended by striking the period at the end of subsection (b) 
and inserting ``, unless the Secretary of the Service in which the 
Coast Guard is operating determines that the conditions under which the 
officer is discharged or separated do not warrant payment of that 
amount of severance pay.''.
    (c) Exception.--Section 327 of title 14, United States Code, is 
amended by striking the period at the end of paragraph (b)(3) and 
inserting ``, unless the Secretary determines that the conditions under 
which the officer is discharged or separated do not warrant payment of 
that amount of severance pay.''.

SEC. 202. AUTHORITY TO IMPLEMENT AND FUND CERTAIN AWARDS PROGRAMS.

    (a) Section 93 of title 14, United States Code, is amended --
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (u);
            (2) by striking the period at the end of paragraph (v) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(w) provide for the honorary recognition of individuals 
        and organizations that significantly contribute to Coast Guard 
        programs, missions, or operations, including but not limited to 
        state and local governments and commercial and nonprofit 
        organizations, and pay for, using any appropriations or funds 
        available to the Coast Guard, plaques, medals, trophies, 
        badges, and similar items to acknowledge such contribution 
        (including reasonable expenses of ceremony and 
        presentation).''.

SEC. 203. USE OF APPROPRIATED FUNDS FOR COMMERCIAL VEHICLES AT MILITARY 
              FUNERALS.

    Section 93 of title 14, United States Code, as amended by section 
202 of this Act, is further amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (v);
            (2) by striking the period at the end of paragraph (w) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(x) rent or lease, under such terms and conditions as are 
        deemed advisable, commercial vehicles to transport the next of 
        kin of eligible retired Coast Guard military personnel to 
        attend funeral services of the service member at a national 
        cemetery.''.

SEC. 204. AUTHORITY TO REIMBURSE NOVATO, CALIFORNIA, REUSE COMMISSION.

    The Commandant of the United States Coast Guard may use up to 
$25,000 to provide economic adjustment assistance for the City of 
Novato, California, for the cost of revising the Hamilton Reuse 
Planning Authority's reuse plan as a result of the Coast Guard's 
request for housing at Hamilton Air Force Base. If the Department of 
Defense provides such economic adjustment assistance to the City of 
Novato on behalf of the Coast Guard, then the Coast Guard may use the 
amount authorized for use in the preceding sentence to reimburse the 
Department of Defense for the amount of economic adjustment assistance 
provided to the City of Novato by the Department of Defense.

SEC. 205. ELIMINATE SUPPLY FUND REIMBURSEMENT REQUIREMENT.

    Subsection 650(a) of title 14, United States Code, is amended by 
striking the last sentence and inserting ``In these regulations, 
whenever the fund is reduced to delete items stocked, the Secretary may 
reduce the existing capital of the fund by the value of the materials 
transferred to other Coast Guard accounts. Except for the materials so 
transferred, the fund shall be credited with the value of materials 
consumed, issued for use, sold, or otherwise disposed of, such values 
to be determined on a basis that will approximately cover the cost 
thereof.''.

SEC. 206. DISPOSAL OF CERTAIN MATERIAL TO COAST GUARD AUXILIARY.

    (a) Section 641 of title 14, United States Code, is amended--
            (1) by striking ``to the Coast Guard Auxiliary, including 
        any incorporated unit thereof,'' in subsection (a) ; and
            (2) by adding at the end thereof the following:
    ``(f)(1) Notwithstanding any other law, the Commandant may directly 
transfer ownership of personal property of the Coast Guard to the Coast 
Guard Auxiliary (including any incorporated unit thereof), with or 
without charge, if the Commandant determines--
            ``(A) after consultation with the Administrator of General 
        Services, that the personal property is excess to the needs of 
        the Coast Guard but is suitable for use by the Auxiliary in 
        performing Coast Guard functions, powers, duties, roles, 
        missions, or operations as authorized by law pursuant to 
        section 822 of this title; and
            ``(B) that such excess property will be used solely by the 
        Auxiliary for such purposes.
    ``(2) Upon transfer of personal property under paragraph (1), no 
appropriated funds shall be available for the operation, maintenance, 
repair, alteration, or replacement of such property, except as 
permitted by section 830 of this title.''.

SEC. 207. LAW ENFORCEMENT AUTHORITY FOR SPECIAL AGENTS OF THE COAST 
              GUARD INVESTIGATIVE SERVICE.

    (a) Authority.--Section 95 of title 14, United States Code, is 
amended to read as follows:
``Sec. 95. Special agents of the Coast Guard Investigative Service law 
              enforcement authority
    ``(a)(1) A special agent of the Coast Guard Investigative Service 
designated under subsection (b) has the following authority:
            ``(A) To carry firearms.
            ``(B) To execute and serve any warrant or other process 
        issued under the authority of the United States.
            ``(C) To make arrests without warrant for--
                    ``(i) any offense against the United States 
                committed in the agent's presence; or
                    ``(ii) any felony cognizable under the laws of the 
                United States if the agent has probable cause to 
                believe that the person to be arrested has committed or 
                is committing the felony.
    ``(2) The authorities provided in paragraph (1) shall be exercised 
only in the enforcement of statutes for which the Coast Guard has law 
enforcement authority, or in exigent circumstances.
    ``(b) The Commandant may designate to have the authority provided 
under subsection (a) any special agent of the Coast Guard Investigative 
Service whose duties include conducting, supervising, or coordinating 
investigation of criminal activity in programs and operations of the 
United States Coast Guard.
    ``(c) The authority provided under subsection (a) shall be 
exercised in accordance with guidelines prescribed by the Commandant 
and approved by the Attorney General and any other applicable 
guidelines prescribed by the Secretary of Transportation or the 
Attorney General.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 5 of title 14, United States Code, is amended by striking the 
item related to section 95 and inserting the following:

``95. Special agents of the Coast Guard Investigative Service law 
                            enforcement authority.''.

SEC. 208. REPORT ON EXCESS COAST GUARD PROPERTY.

    Not later than 9 months after the date of enactment of this Act, 
the Administrator of the General Services Administration and the 
Commandant of the Coast Guard shall submit to the Congress a report on 
the current procedures used to dispose of excess Coast Guard property 
and provide recommendations to improve such procedures. The 
recommendations shall take into consideration measures that would--
            (1) improve the efficiency of such procedures;
            (2) improve notification of excess property decisions to 
        and enhance the participation in the property disposal 
        decisionmaking process of the States, local communities, and 
        appropriate nonprofit organizations;
            (3) facilitate the expeditious transfer of excess property 
        for recreation, historic preservation, education, 
        transportation, or other uses that benefit the general public; 
        and
            (4) ensure that the interests of Federal taxpayers are 
        protected.

SEC. 209. FEES FOR NAVIGATION ASSISTANCE SERVICE.

    Section 2110 of title 46, United States Code, is amended by adding 
at the end thereof the following:
    ``(k) The Secretary may not plan, implement or finalize any 
regulation that would promulgate any new maritime user fee which was 
not implemented and collected prior to January 1, 1998, including a fee 
or charge for any domestic icebreaking service or any other 
navigational assistance service. This subsection expires on September 
30, 2000.''.

SEC. 210. AIDS TO NAVIGATION REPORT.

    Not later than 18 months after the date of enactment of this Act, 
the Commandant of the Coast Guard shall submit to Congress a report on 
the use of the Coast Guard's aids to navigation system. The report 
shall include an analysis of the respective use of the aids to 
navigation system by commercial interests, members of the general 
public for personal recreation, Federal and State government for public 
safety, defense, and other similar purposes. To the extent practicable 
within the time allowed, the report shall include information regarding 
degree of use of the various portions of the system.

         TITLE III--MARINE SAFETY AND ENVIRONMENTAL PROTECTION

SEC. 301. ALCOHOL TESTING.

    (a) Adminstrative Procedure.--Section 7702 of title 46, United 
States Code, is amended by striking the second sentence of subsection 
(c)(2) and inserting the following: ``The testing may include 
preemployment (with respect to dangerous drugs only), periodic, random, 
and reasonable cause testing, and shall include post-accident 
testing.''.
    (b) Increase in Civil Penalty.--Section 2115 of title 46, United 
States Code, is amended by striking ``$1,000'' and inserting 
``$5,000''.
    (c) Increase in Negligence Penalty.--Section 2302(c)(1) of title 
46, United States Code, is amended by striking ``$1,000 for a first 
violation and not more than $5,000 for a subsequent violation; or'' and 
inserting ``$5,000; or''.
    (d) Post Serious Marine Incident Testing.--
            (1) Chapter 23 of title 46, United States Code, is amended 
        by inserting after section 2303 the following:
``Sec. 2303a. Post serious marine incident alcohol testing
    ``(a) The Secretary shall establish procedures to ensure that after 
a serious marine incident occurs, alcohol testing of crew members or 
other persons responsible for the operation or other safety-sensitive 
functions of the vessel or vessels involved in such incident is 
conducted no later than 2 hours after the incident occurs, unless such 
testing cannot be completed within that time due to safety concerns 
directly related to the incident.
    ``(b) The procedures in subsection (a) shall require that if 
alcohol testing cannot be completed within 2 hours of the occurrence of 
the incident, such testing shall be conducted as soon thereafter as the 
safety concerns in subsection (a) have been adequately addressed to 
permit such testing, except that such testing may not be required more 
than 8 hours after the incident occurs.''.
            (2) The table of sections at the beginning of chapter 23 of 
        title 46, United States Code, is amended by inserting after the 
        item related to section 2303 the following:

``2303a. Post serious marine incident alcohol testing''.

SEC. 302. PENALTY FOR VIOLATION OF INTERNATIONAL CONVENTION.

    Section 2302 of title 46, United States Code, is amended by adding 
at the following new subsection:
    ``(e)(1) A vessel may not be used to transport cargoes sponsored by 
the United States Government if the vessel has been detained by the 
Secretary for violation of an applicable international convention to 
which the United States is a party, and the Secretary has published 
notice of that detention.
    ``(2) The prohibition in paragraph (1) expires for a vessel 1 year 
after the date of the detention on which the prohibition is based or 
upon the Secretary granting an appeal of the detention on which the 
prohibition is based.
    ``(3) The Secretary may grant an exemption from the prohibition in 
paragraph (1) on a case by case basis if the owner of the vessel to be 
used for transport of the cargo sponsored by the United States 
Government can provide compelling evidence that the vessel was detained 
due to circumstances beyond the owner's control and that the vessel is 
currently in compliance with applicable international conventions to 
which the United States is a party.
    ``(4) As used in this subsection, the term `cargo sponsored by the 
United States Government' means cargo for which a Federal agency 
contracts directly for shipping by water or for which (or the freight 
of which) a Federal agency provides financing, including financing by 
grant, loan, or loan guarantee, resulting in shipment of the cargo by 
water.''.

SEC. 303. PROTECT MARINE CASUALTY INVESTIGATIONS FROM MANDATORY 
              RELEASE.

    Section 6305(b) of title 46, United States Code, is amended by 
striking all after ``public'' and inserting a period and ``This 
subsection does not require the release of information described by 
section 552(b) of title 5 or protected from disclosure by another law 
of the United States.''.

SEC. 304. ELIMINATE BIENNIAL RESEARCH AND DEVELOPMENT REPORT.

    Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is 
amended by striking subsection (e) and by redesignating subsection (f) 
as subsection (e).

SEC. 305. EXTENSION OF TERRITORIAL SEA FOR CERTAIN LAWS.

    (a) Ports and Waterways Safety Act.--Section 102 of the Ports and 
Waterways Safety Act (33 U.S.C. 1222) is amended by adding at the end 
the following:
            ``(5) `Navigable waters of the United States' includes all 
        waters of the territorial sea of the United States as described 
        in Presidential Proclamation 5928 of December 27, 1988.''.
    (b) Subtitle II of title 46.--
            (1) Section 2101 of title 46, United States Code, is 
        amended--
                    (A) by redesignating paragraph (17a) as paragraph 
                (17b); and
                    (B) by inserting after paragraph (17) the 
                following:
            ``(17a) `navigable waters of the United States' includes 
        all waters of the territorial sea of the United States as 
        described in Presidential Proclamation 5928 of December 27, 
        1988.''.
            (2) Section 2301 of that title is amended by inserting 
        ``(including the territorial sea of the United States as 
        described in Presidential Proclamation 5928 of December 27, 
        1988)'' after ``of the United States''.
            (3) Section 4102(e) of that title is amended by striking 
        ``operating on the high seas'' and inserting ``owned in the 
        United States and operating beyond 3 nautical miles from the 
        baselines from which the territorial sea of the United States 
        is measured''.
            (4) Section 4301(a) of that title is amended by inserting 
        ``(including the territorial sea of the United States as 
        described in Presidential Proclamation 5928 of December 27, 
        1988)'' after ``of the United States''.
            (5) Section 4502(a)(7) of that title is amended by striking 
        ``on the high seas'' and inserting ``beyond 3 nautical miles 
        from the baselines from which the territorial sea of the United 
        States is measured, and which are owned in the United States''.
            (6) Section 4506(b) of that title is amended by striking 
        paragraph (2) and inserting the following:
            ``(2) is operating--
                    ``(A) in internal waters of the United States; or
                    ``(B) within 3 nautical miles from the baselines 
                from which the territorial sea of the United States is 
                measured.''.
            (7) Section 8502(a)(3) of that title is amended by striking 
        ``not on the high seas'' and inserting: ``not beyond 3 nautical 
        miles from the baselines from which the territorial sea of the 
        United States is measured''.
            (8) Section 8503(a)(2) of that title is amended by striking 
        paragraph (2) and inserting the following:
            ``(2) operating--
                    ``(A) in internal waters of the United States; or
                    ``(B) within 3 nautical miles from the baselines 
                from which the territorial sea of the United States is 
                measured.''.

SEC. 306. SAFETY MANAGEMENT CODE REPORT AND POLICY.

    (a) In General.--Chapter 32 of title 46, United States Code, is 
amended by adding at the end thereof the following:
``Sec. 3206. Report and policy.
    ``(a) Report on Implementation and Enforcement of the International 
Safety Management Code.--
            ``(1) The Secretary shall conduct a study--
                    ``(A) reporting on the status of implementation of 
                the International Safety Management Code (hereinafter 
                referred to in this section as `Code');
                    ``(B) detailing enforcement actions involving the 
                Code, including the role documents and reports produced 
                pursuant to the Code play in such enforcement actions;
                    ``(C) evaluating the effects the Code has had on 
                marine safety and environmental protection, and 
                identifying actions to further promote marine safety 
                and environmental protection through the Code;
                    ``(D) identifying actions to achieve full 
                compliance with and effective implementation of the 
                Code; and
                    ``(E) evaluating the effectiveness of internal 
                reporting and auditing under the Code, and recommending 
                actions to ensure the accuracy and candidness of such 
                reporting and auditing. These recommended actions may 
                include proposed limits on the use in legal proceedings 
                of documents produced pursuant to the Code.
            ``(2) The Secretary shall provide opportunity for the 
        public to participate in and comment on the study conducted 
        under paragraph (1).
            ``(3) Not later than 18 months after the date of enactment 
        of the Coast Guard Authorization Act for Fiscal Years 1998, 
        1999, and 2000, the Secretary shall submit to the Congress a 
        report on the results of the study conducted under paragraph 
        (1).
    ``(b) Policy.--
            ``(1) Not later than 9 months after submission of the 
        report in subsection (a)(3), the Secretary shall develop a 
        policy to achieve full compliance with and effective 
        implementation of the Code. The policy may include--
                    ``(A) enforcement penalty reductions and waivers, 
                limits on the use in legal proceedings of documents 
                produced pursuant to the Code, or other incentives to 
                ensure accurate and candid reporting and auditing;
                    ``(B) any other measures to achieve full compliance 
                with and effective implementation of the Code; and
                    ``(C) if appropriate, recommendations to Congress 
                for any legislation necessary to implement one or more 
                elements of the policy.
            ``(2) The Secretary shall provide opportunity for the 
        public to participate in the development of the policy in 
        paragraph (1).
            ``(3) Upon completion of the policy in paragraph (1), the 
        Secretary shall publish the policy in the Federal Register and 
        provide opportunity for public comment on the policy.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 32 of 
title 46, United States Code, is amended by inserting after the item 
relating to section 3205 the following:

``3206. Report and policy''.

SEC. 307. OIL AND HAZARDOUS SUBSTANCE DEFINITION AND REPORT.

    (a) Definition of Oil.--Section 1001(23) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2701(23)) is amended to read as follows:
            ``(23) `oil' means oil of any kind or in any form, 
        including, but not limited to, petroleum, fuel oil, sludge, oil 
        refuse, and oil mixed with wastes other than dredged spoil, but 
        does not include any substance which is specifically listed or 
        designated as a hazardous substance under subparagraphs (A) 
        through (F) of section 101(14) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act (42 
        U.S.C. 9601) and which is subject to the provisions of that 
        Act;''.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Commandant of the Coast Guard shall submit a report to 
the Congress on the status of the joint evaluation by the Coast Guard 
and the Environmental Protection Agency of the substances to be 
classified as oils under the Clean Water Act and Title I of the Oil 
Pollution Act of 1990, including opportunities provided for public 
comment on the evaluation.

SEC. 308. NATIONAL MARINE TRANSPORTATION SYSTEM.

    (a) In General.--The Secretary of Transportation, through the Coast 
Guard and the Maritime Administration, shall, in consultation with the 
National Ocean Service of the National Oceanic and Atmospheric 
Administration and other interested Federal agencies and departments, 
establish a task force to assess the adequacy of the nation's marine 
transportation system (ports, waterways, and their intermodal 
connections) to operate in a safe, efficient, secure, and 
environmentally sound manner.
    (b) Task Force.--
            (1) The task force shall be chaired by the Secretary of 
        Transportation or his designee and may be comprised of the 
        representatives of interested Federal agencies and departments 
        and such other non-Federal entities as the Secretary deems 
        appropriate.
            (2) The provisions of the Federal Advisory Committee Act 
        shall not apply to the task force.
    (c) Assessment.--
            (1) In carrying out the assessment under this section, the 
        task force shall examine critical issues and develop 
        strategies, recommendations, and a plan for action. Pursuant to 
        such examination and development, the task force shall--
                    (A) take into account the capability of the marine 
                transportation system to accommodate projected 
                increases in foreign and domestic traffic over the next 
                20 years;
                    (B) consult with senior public and private sector 
                officials, including the users of that system, such as 
                ports, commercial carriers, shippers, labor, 
                recreational boaters, fishermen, and environmental 
                organizations; and
                    (C) sponsor public and private sector activities to 
                further refine and implement the strategies, 
                recommendations, and plan for action.
            (2) The Secretary shall report to Congress on the results 
        of the assessment no later than March 31, 1999. The report 
        shall reflect the views of both the public and private sectors. 
        The Task Force shall cease to exist upon submission of the 
        report in this paragraph.

SEC. 309. AVAILABILITY AND USE OF EPIRBS FOR RECREATIONAL VESSELS.

    The Secretary of Transportation, through the Coast Guard and in 
consultation with the National Transportation Safety Board and 
recreational boating organizations, shall, within 24 months of the date 
of enactment of this Act, assess and report to Congress on the use of 
emergency position indicating beacons (EPIRBs) and similar devices by 
the operators of recreational vessels. The assessment shall at a 
minimum--
            (1) evaluate the current availability and use of EPIRBs and 
        similar devices by the operators of recreational vessels and 
        the actual and potential contribution of such devices to 
        recreational boating safety; and
            (2) provide recommendations on policies and programs to 
        encourage the availability and use of EPIRBS and similar 
        devices by the operators of recreational vessels.

SEC. 310. SEARCH AND RESCUE HELICOPTER COVERAGE.

    Not later than 9 months after the date of enactment of this Act, 
the Commandant shall submit a report to the Senate Committee on 
Commerce, Science, and Transportation--
            (1) identifying waters out to 50 miles from the territorial 
        sea of Maine or other States that cannot currently be served by 
        a Coast Guard search and rescue helicopter within 2 hours of a 
        report of distress or request for assistance from such waters;
            (2) providing options for ensuring that all waters of the 
        area referred to in paragraph (1) can be served by a Coast 
        Guard search and rescue helicopter within 2 hours of a report 
        of distress or request for assistance from such waters;
            (3) providing an analysis assessing the overall capability 
        of Coast Guard search and rescue assets to serve each area 
        referred to in paragraph (1) within 2 hours of a report of 
        distress or request for assistance from such waters; and
            (4) identifying, among any other options the Commandant may 
        provide as required by paragraph (2), locations in the State of 
        Maine that may be suitable for the stationing of a Coast Guard 
        search and rescue helicopter and crew, including any Coast 
        Guard facility in Maine, the Bangor Air National Guard Base, 
        and any other locations.

SEC. 311. PETROLEUM TRANSPORTATION.

    (a) Definitions.--In this section:
            (1) First coast guard district.--The term ``First Coast 
        Guard District'' means the First Coast Guard District described 
        in section 3.05-1(b) of title 33, Code of Federal Regulations.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the department in which the Coast Guard is operating.
            (3) Waters of the northeast.--The term ``waters of the 
        Northeast''--
                    (A) means the waters subject to the jurisdiction of 
                the First Coast Guard District; and
                    (B) includes the waters of Long Island Sound.
    (b) Regulations Relating to Waters of the Northeast.--
            (1) Towing vessel and barge safety for waters of the 
        northeast.--
                    (A) In general.--Not later than December 31, 1998, 
                the Secretary shall promulgate regulations for towing 
                vessel and barge safety for the waters of the 
                Northeast.
                    (B) Incorporation of recommendations.--
                            (i) In general.--Except as provided in 
                        clause (ii), the regulations promulgated under 
                        this paragraph shall give full consideration to 
                        each of the recommendations for regulations 
                        contained in the report entitled ``Regional 
                        Risk Assessment of Petroleum Transportation in 
                        the Waters of the Northeast United States'' 
                        issued by the Regional Risk Assessment Team for 
                        the First Coast Guard District on February 6, 
                        1997, and the Secretary shall provide a 
                        detailed explanation if any recommendation is 
                        not adopted.
                            (ii) Excluded recommendations.--The 
                        regulations promulgated under this paragraph 
                        shall not incorporate any recommendation 
                        referred to in clause (i) that relates to 
                        anchoring or barge retrieval systems.
            (2) Anchoring and barge retrieval systems.--
                    (A) In general.--Not later than November 30, 1998, 
                the Secretary shall promulgate regulations under 
                section 3719 of title 46, United States Code, for the 
                waters of the Northeast, that shall give full 
                consideration to each of the recommendations made in 
                the report referred to in paragraph (1)(B)(i) relating 
                to anchoring and barge retrieval systems, and the 
                Secretary shall provide a detailed explanation if any 
                recommendation is not adopted.
                    (B) Rule of construction.--Nothing in subparagraph 
                (A) prevents the Secretary from promulgating interim 
                final regulations that apply throughout the United 
                States relating to anchoring and barge retrieval 
                systems that contain requirements that are as stringent 
                as the requirements of the regulations promulgated 
                under subparagraph (A).

SEC. 312. SEASONAL COAST GUARD HELICOPTER AIR RESCUE CAPABILITY.

    The Secretary of Transportation is authorized to take appropriate 
actions to ensure the establishment and operation by the Coast Guard of 
a helicopter air rescue capability that--
            (1) is located at Gabreski Airport, Westhampton, New York; 
        and
            (2) provides air rescue capability from that location from 
        April 15 to October 15 each year.

SEC. 313. SHIP REPORTING SYSTEMS.

    Section 11 of the Ports and Waterways Safety Act, as amended 
(Public Law 92-340) (33 U.S.C. 1230), is amended by adding at the end 
of the following:
    ``(d) Ship Reporting Systems.--The Secretary, in consultation with 
the International Maritime Organization, is authorized to implement and 
enforce two mandatory ship reporting systems, consistent with 
international law, with respect to vessels subject to such reporting 
systems entering the following areas of the Atlantic Ocean: Cape Cod 
Bay, Massachusetts Bay, and Great South Channel (in the area generally 
bounded by a line starting from a point on Cape Ann, Massachusetts at 
42 deg. 39' N., 70 deg. 37' W; then northeast to 42 deg. 45' N., 70 
deg. 13' W; then southeast to 42 deg. 10' N., 68 deg. 31 W, then south 
to 41 deg. 00' N., 68 deg. 31' W; then west to 41 deg. 00' N., 69 deg. 
17' W; then northeast to 42 deg. 05' N., 70 deg. 02' W, then west to 42 
deg. 04' N., 70 deg. 10' W; and then along the Massachusetts shoreline 
of Cape Cod Bay and Massachusetts Bay back to the point on Cape Ann at 
42 deg. 39' N., 70 deg. 37' W) and in the coastal waters of the 
Southeastern United States within about 25 nm along a 90 nm stretch of 
the Atlantic seaboard (in an area generally extending from the 
shoreline east to longitude 80 deg. 51.6' W with the southern and 
northern boundary at latitudes 30 deg. 00' N., 31 deg. 27' N., 
respectively).''.

SEC. 314. INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE DISPOSAL.

    (a) In general.--
            (1) Subject to subsection (b), the Secretary of 
        Transportation shall implement and enforce the United States 
        Coast Guard 1997 Enforcement Policy for Cargo Residues on the 
        Great Lakes (hereinafter referred to as ``Policy'') for the 
        purpose of regulating incidental discharges from vessels of 
        residues of dry bulk cargo into the waters of the Great Lakes 
        under the jurisdiction of the United States.
            (2) Any discharge under this section shall comply with all 
        terms and conditions of the Policy.
    (b) Expiration of interim authority.--The Policy shall cease to 
have effect on the date which is the earliest of--
            (1) the date that legislation providing for the regulation 
        of incidental discharges from vessels of dry bulk cargo residue 
        into the waters of the Great Lakes under the jurisdiction of 
        the United States is enacted;
            (2) the date that regulations authorized under existing law 
        providing for the regulation of incidental discharges from 
        vessels of dry bulk cargo residue into the waters of the Great 
        Lakes under the jurisdiction of the United States are 
        promulgated; or
            (3) September 30, 2000.

                        TITLE IV--MISCELLANEOUS

SEC. 401. VESSEL IDENTIFICATION SYSTEM AMENDMENTS.

    (a) In General.--Chapter 121 of title 46, United States Code, is 
amended--
            (1) by striking ``or is not titled in a State'' in section 
        12102(a);
            (2) by adding at the end thereof the following:
``Sec. 12124. Surrender of title and number
    ``(a) A documented vessel shall not be titled by a State or 
required to display numbers under chapter 123, and any certificate of 
title issued by a State for a documented vessel shall be surrendered in 
accordance with regulations prescribed by the Secretary of 
Transportation.
    ``(b) The Secretary may approve the surrender under subsection (a) 
of a certificate of title for a vessel covered by a preferred mortgage 
under section 31322(d) of this title only if the mortgagee consents.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 121 of 
title 46, United States Code, is amended by adding at the end thereof 
the following:

``12124. Surrender of title and number''.
    (c) Other Amendments.--Title 46, United States Code, is amended--
            (1) by striking section 31322(b) and inserting the 
        following:
    ``(b) Any indebtedness secured by a preferred mortgage that is 
filed or recorded under this chapter, or that is subject to a mortgage, 
security agreement, or instruments granting a security interest that is 
deemed to be a preferred mortgage under subsection (d) of this section, 
may have any rate of interest to which the parties agree.'';
            (2) by striking ``mortgage or instrument'' each place it 
        appears in section 31322(d)(1) and inserting ``mortgage, 
        security agreement, or instrument'';
            (3) by striking section 31322(d)(3) and inserting the 
        following:
            ``(3) A preferred mortgage under this subsection continues 
        to be a preferred mortgage even if the vessel is no longer 
        titled in the State where the mortgage, security agreement, or 
        instrument granting a security interest became a preferred 
        mortgage under this subsection.'';
            (4) by striking ``mortgages or instruments'' in subsection 
        31322(d)(2) and inserting ``mortgages, security agreements, or 
        instruments'';
            (5) by inserting ``a vessel titled in a State,'' in section 
        31325(b)(1) after ``a vessel to be documented under chapter 121 
        of this title,'';
            (6) by inserting ``a vessel titled in a State,'' in section 
        31325(b)(3) after ``a vessel for which an application for 
        documentation is filed under chapter 121 of this title,''; and
            (7) by inserting ``a vessel titled in a State,'' in section 
        31325(c) after ``a vessel to be documented under chapter 121 of 
        this title,''.

SEC. 402. CONVEYANCE OF LIGHTHOUSES.

    (a) Authority to Convey.--
            (1) In general.--The Commandant of the Coast Guard, or the 
        Administrator of the General Services Administration, as 
        appropriate, may convey, by an appropriate means of conveyance, 
        all right, title, and interest of the United States in and to 
        each of the following properties:
                    (A) Light Station Sand Point, located in Escanaba, 
                Michigan, to the Delta County Historical Society.
                    (B) Light Station Dunkirk, located in Dunkirk, New 
                York, to the Dunkirk Historical Lighthouse and 
                Veterans' Park Museum.
                    (C) Long Branch Rear Range Light, located in 
                Jacksonville, Florida, to Jacksonville University, 
                Florida.
                    (D) Eagle Harbor Light Station, located in 
                Michigan, to the Keweenaw County Historical Society.
                    (E) Cape Decision Light Station, located in Alaska, 
                to the Cape Decision Lighthouse Society.
                    (F) Cape St. Elias Light Station, located in 
                Alaska, to the Cape St. Elias Light Keepers 
                Association.
                    (G) Five Finger Light Station, located in Alaska, 
                to the Juneau Lighthouse Association.
                    (H) Point Retreat Light Station, located in Alaska, 
                to the Alaska Lighthouse Association.
                    (I) Hudson-Athens Lighthouse, located in New York, 
                to the Hudson-Athens Lighthouse Preservation Society.
                    (J) Georgetown Light, located in Georgetown County, 
                South Carolina, to the South Carolina Department of 
                Natural Resources.
            (2) Identification of property.--The Commandant or 
        Administrator, as appropriate, may identify, describe, and 
        determine the property to be conveyed under this subsection.
            (3) Exception.--The Commandant or Administrator, as 
        appropriate, may not convey any historical artifact, including 
        any lens or lantern, located on the property at or before the 
        time of the conveyance.
    (b) Terms of Conveyance.--
            (1) In general.--The conveyance of property under this 
        section shall be made--
                    (A) without payment of consideration; and
                    (B) subject to the terms and conditions required by 
                this section and other terms and conditions the 
                Commandant or the Administrator, as appropriate, may 
                consider, including the reservation of easements and 
                other rights on behalf of the United States.
            (2) Reversionary interest.--In addition to any term or 
        condition established under this section, the conveyance of 
        property under this section shall be subject to the condition 
        that all right, title, and interest in the property shall 
        immediately revert to the United States if--
                    (A) the property, or any part of the property--
                            (i) ceases to be used as a nonprofit center 
                        for public benefit for the interpretation and 
                        preservation of maritime history;
                            (ii) ceases to be maintained in a manner 
                        that is consistent with its present or future 
                        use as a site for Coast Guard aids to 
                        navigation or compliance with this Act; or
                            (iii) ceases to be maintained in a manner 
                        consistent with the conditions in paragraph (5) 
                        established by the Commandant or the 
                        Administrator, as appropriate, pursuant to the 
                        National Historic Preservation Act of 1966 (16 
                        U.S.C. 470 et seq.); or
                    (B) at least 30 days before that reversion, the 
                Commandant or the Administrator, as appropriate, 
                provides written notice to the owner that the property 
                is needed for national security purposes.
            (3) Maintenance of navigation functions.--The conveyance of 
        property under this section shall be made subject to the 
        conditions that the Commandant or Administrator, as 
        appropriate, considers to be necessary to assure that--
                    (A) the lights, antennas, and associated equipment 
                located on the property conveyed, which are active aids 
                to navigation, shall continue to be operated and 
                maintained by the United States for as long as they are 
                needed for this purpose;
                    (B) the owner of the property may not interfere or 
                allow interference in any manner with aids to 
                navigation without express written permission from the 
                Commandant or Administrator, as appropriate;
                    (C) there is reserved to the United States the 
                right to relocate, replace, or add any aid to 
                navigation or make any changes to the property conveyed 
                as may be necessary for navigational purposes;
                    (D) the United States shall have the right, at any 
                time, to enter the property without notice for the 
                purpose of operating, maintaining and inspecting aids 
                to navigation, and for the purpose of enforcing 
                compliance with subsection (b); and
                    (E) the United States shall have an easement of 
                access to and across the property for the purpose of 
                maintaining the aids to navigation in use on the 
                property.
            (4) Obligation limitation.--The owner of the property is 
        not required to maintain any active aid to navigation equipment 
        on the property, except private aids to navigation permitted 
        under section 83 of title 14, United States Code.
            (5) Maintenance of property.--The owner of the property 
        shall maintain the property in a proper, substantial, and 
        workmanlike manner, and in accordance with any conditions 
        established by the Commandant or the Administrator, as 
        appropriate, pursuant to the National Historic Preservation Act 
        of 1966 (16 U.S.C. 470 et seq.), and other applicable laws.
    (c) Definitions.--In this section:
            (1) Aids to navigation.--The term ``aids to navigation'' 
        means equipment used for navigation purposes, including but not 
        limited to, a light, antenna, sound signal, electronic 
        navigation equipment, or other associated equipment which are 
        operated or maintained by the United States.
            (2) Owner.--The term ``owner'' means the person identified 
        in subsection (a)(1), and includes any successor or assign of 
        that person.
            (3) Delta County Historical Society.--The term ``Delta 
        County Historical Society'' means the Delta County Historical 
        Society (a nonprofit corporation established under the laws of 
        the State of Michigan, its parent organization, or subsidiary, 
        if any).
            (4) Dunkirk Historical Lighthouse and Veterans' Park 
        Museum.--The term ``Dunkirk Historical Lighthouse and Veterans' 
        Park Museum'' means Dunkirk Historical Lighthouse and Veterans' 
        Park Museum located in Dunkirk, New York, or, if appropriate as 
        determined by the Commandant, the Chautauqua County Armed 
        Forces Memorial Park Corporation, New York.
    (d) Extension of Period for Conveyance of Whitlock's Mill Light.--
Notwithstanding section 1002(a)(3) of the Coast Guard Authorization Act 
of 1996, the conveyance authorized by section 1002(a)(2)(AA) of that 
Act may take place after the date required by section 1002(a)(3) of 
that Act but no later than December 31, 1998.

SEC. 403. ADMINISTRATIVE AUTHORITY TO CONVEY LIGHTHOUSES.

    (a) In General.--Chapter 17 of title 14, United States Code, is 
amended by adding at the end thereof the following:
``Sec. 675. ADMINISTRATIVE AUTHORITY TO CONVEY LIGHTHOUSES.
    ``(a) Notification.--Not less than one year prior to reporting to 
the General Services Administration that a lighthouse or light station 
eligible for listing under the National Historic Preservation Act of 
1966 (16 U.S.C. 470 et seq) and under the jurisdiction of the Coast 
Guard is excess to the needs of the Coast Guard, the Commandant of the 
Coast Guard shall notify the State (including the State Historic 
Preservation Officer, if any) the appropriate political subdivision of 
that State, and any lighthouse, historic, or maritime preservation 
organizations in that State in which the lighthouse or light station is 
located that such property is excess to the needs of the Coast Guard.
    ``(b) Administrative Authority to Convey.--
            ``(1) Prior to reporting to the General Services 
        Administration that a lighthouse or light station is excess to 
        the needs of the Coast Guard, the Commandant of the Coast Guard 
        may convey, by an appropriate means of conveyance, all right, 
        title, and interest of the United States in and to such 
        lighthouse or light station and associated real property to the 
        State in which the lighthouse or light station is located, a 
        local government in that State, or a nonprofit organization 
        dedicated to lighthouse, historic, or maritime heritage 
        preservation located in that State.
    ``(c) Terms of Conveyance.--
            ``(1) In general.--The conveyance of property under this 
        section shall be made--
                    ``(A) without payment of consideration; and
                    ``(B) subject to the terms and conditions required 
                by this section and other terms and conditions the 
                Commandant may consider, including the reservation of 
                easements and other rights on behalf of the United 
                States.
            ``(2) Reversionary interest.--In addition to any term or 
        condition established under this section, the conveyance of 
        property under this section shall be subject to the condition 
        that all right, title, and interest in the property shall 
        immediately revert to the United States if--
                    ``(A) the property, or any part of the property--
                            ``(i) ceases to be used as a nonprofit 
                        center for public benefit for the 
                        interpretation and preservation of maritime 
                        history;
                            ``(ii) ceases to be maintained in a manner 
                        that is consistent with its present or future 
                        use as a site for Coast Guard aids to 
                        navigation or compliance with this Act; or
                            ``(iii) ceases to be maintained in a manner 
                        consistent with the conditions in paragraph (5) 
                        established by the Commandant pursuant to the 
                        National Historic Preservation Act of 1966 (16 
                        U.S.C. 470 et seq.); or
                    ``(B) at least 30 days before that reversion, the 
                Commandant provides written notice to the owner that 
                the property is needed for national security purposes.
            ``(3) Maintenance of navigation functions.--The conveyance 
        of property under this section shall be made subject to the 
        conditions that the Commandant considers to be necessary to 
        assure that--
                    ``(A) the lights, antennas, and associated 
                equipment located on the property conveyed, which are 
                active aids to navigation, shall continue to be 
                operated and maintained by the United States for as 
                long as they are needed for this purpose;
                    ``(B) the owner of the property may not interfere 
                or allow interference in any manner with aids to 
                navigation without express written permission from the 
                Commandant;
                    ``(C) there is reserved to the United States the 
                right to relocate, replace, or add any aid to 
                navigation or make any changes to the property conveyed 
                as may be necessary for navigational purposes;
                    ``(D) the United States shall have the right, at 
                any time, to enter the property without notice for the 
                purpose of operating, maintaining and inspecting aids 
                to navigation, and for the purpose of enforcing 
                compliance with subsection (b); and
                    ``(E) the United States shall have an easement of 
                access to and across the property for the purpose of 
                maintaining the aids to navigation in use on the 
                property.
            ``(4) Obligation limitation.--The owner of the property is 
        not required to maintain any active aid to navigation equipment 
        on the property, except private aids to navigation permitted 
        under section 83 of title 14, United States Code.
            ``(5) Maintenance of property.--The owner of the property 
        shall maintain the property in a proper, substantial, and 
        workmanlike manner, and in accordance with any conditions 
        established by the Commandant or the Administrator, as 
        appropriate, pursuant to the National Historic Preservation Act 
        of 1966 (16 U.S.C. 470 et seq.), and other applicable laws.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 17 of 
title 14, United States Code, is amended by adding at the end thereof 
the following:

``Sec. 675. Administrative authority to convey lighthouses.''.

SEC. 404. CONVEYANCE OF COMMUNICATION STATION BOSTON MARSHFIELD 
              RECEIVER SITE, MASSACHUSETTS.

    (a) Authority to Convey.--
            (1) In general.--The Commandant of the Coast Guard may 
        convey, by an appropriate means of conveyance, all right, 
        title, and interest of the United States in and to the Coast 
        Guard Communication Station Boston Marshfield Receiver Site, 
        Massachusetts, to the Town of Marshfield, Massachusetts (the 
        ``Town'') unless the Commandant, or his delegate, in his sole 
        discretion determines that the conveyance would not provide a 
        public benefit.
            (2) Limitation.--The Commandant shall not convey under this 
        section the land on which is situated the communications tower 
        and the microwave building facility of that station.
            (3) Identification of property.--
                    (A) The Commandant may identify, describe and 
                determine the property to be conveyed to the Town under 
                this section.
                    (B) The Commandant shall determine the exact 
                acreage and legal description of the property to be 
                conveyed under this section by a survey satisfactory to 
                the Commandant. The cost of the survey shall be borne 
                by the Town.
    (b) Terms and Conditions.--Any conveyance of property under this 
section shall be made--
            (1) without payment of consideration; and
            (2) subject to the following terms and conditions:
                    (A) The Commandant may reserve utility, access, and 
                any other appropriate easements on the property 
                conveyed for the purpose of operating, maintaining, and 
                protecting the communications tower and the microwave 
                building facility.
                    (B) The Town and its successors and assigns shall, 
                at their own cost and expense, maintain the property 
                conveyed under this section in a proper, substantial, 
                and workmanlike manner as necessary to ensure the 
                operation, maintenance, and protection of the 
                communications tower and the microwave building 
                facility.
                    (C) Any other terms and conditions the Commandant 
                considers appropriate to protect the interests of the 
                United States, including the reservation of easements 
                or other rights on behalf of the United States.
    (c) Reversionary Interest.--The conveyance of real property 
pursuant to this section shall be subject to the condition that all 
right, title, and interest in such property shall immediately revert to 
the United States if--
            (1) the property, or any part thereof, ceases to be owned 
        and used by the Town;
            (2) the Town fails to maintain the property conveyed in a 
        manner consistent with the terms and conditions in subsection 
        (b); or
            (3) at least 30 days before such reversion, the Commandant 
        provides written notice to the Town that the property conveyed 
        is needed for national security purposes.

SEC. 405. CONVEYANCE OF NAHANT PARCEL, ESSEX COUNTY, MASSACHUSETTS.

    (a) In General.--The Commandant of the Coast Guard, may convey, by 
an appropriate means of conveyance, all right, title, and interest of 
the United States in and to the United States Coast Guard Recreation 
Facility Nahant, Massachusetts, to the Town of Nahant (the ``Town'') 
unless the Commandant, or his delegate, in his sole discretion 
determines that the conveyance would not provide a public benefit.
    (b) Identification of Property.--The Commandant may identify, 
describe, and determine the property to be conveyed under this section.
    (c) Terms of Conveyance.--The conveyance of property under this 
section shall be made--
            (1) without payment of consideration; and
            (2) subject to such terms and conditions as the Commandant 
        may consider appropriate to protect the interests of the United 
        States, including the reservation of easements or other rights 
        on behalf of the United States.
    (d) Reversionary Interest.--The conveyance of real property 
pursuant to this section shall be subject to the condition that all 
right, title, and interest in such property shall immediately revert to 
the United States if--
            (1) the property, or any part thereof, ceases to be owned 
        and used by the Town;
            (2) the Town fails to maintain the property conveyed in a 
        manner consistent with the terms and conditions in subsection 
        (c); or
            (3) at least 30 days before such reversion, the Commandant 
        provides written notice to the Town that the property conveyed 
        is needed for national security purposes.

SEC. 406. CONVEYANCE OF COAST GUARD STATION OCRACOKE, NORTH CAROLINA.

    (a) Authority to Convey.--
            (1) In General.--The Commandant of the Coast Guard may 
        convey, by an appropriate means of conveyance, all right, 
        title, and interest of the United States of America in and to 
        the Coast Guard Station Ocracoke, North Carolina, to the State 
        of North Carolina unless the Commandant, or his delegate, in 
        his sole discretion determines that the conveyance would not 
        provide a public benefit.
            (2) Identification of Property.--The Commandant may 
        identify, describe, and determine the property to be conveyed 
        under this section.
    (b) Terms and Conditions.--The conveyance of any property under 
this section shall be made--
            (l) without payment of consideration; and
            (2) subject to the following terms and conditions:
                    (A) Easements.--The Commandant may reserve utility, 
                access, and any other appropriate easements upon the 
                property to be conveyed for the purpose of--
                            (i) use of the access road to the boat 
                        launching ramp;
                            (ii) use of the boat launching ramp; and
                            (iii) use of pier space for necessary Coast 
                        Guard vessel assets (including water and 
                        electrical power);
                    (B) Maintenance.--The State shall, at its own cost 
                and expense, maintain the property conveyed under this 
                section in a proper, substantial, and workmanlike 
                manner necessary for the use of any easements created 
                under subparagraph (A) and to comply with maintenance 
                conditions established for property prior to transfer 
                and pursuant to the National Historic Preservation Act 
                of 1966 (16 U.S.C. 470 et seq) and other applicable 
                laws; and
                    (C) Other.--Any other terms and conditions the 
                Commandant may consider appropriate to protect the 
                interests of the United States.
    (c) Reversionary Interest.--The conveyance of real property 
pursuant to this section shall be subject to the condition that all 
right, title, and interest in such property shall immediately revert to 
the United States if--
            (1) the property, or any part thereof, ceases to be owned 
        and used by the State;
            (2) the State fails to maintain the property conveyed in a 
        manner consistent with the terms and conditions in subsection 
        (b); or
            (3) at least 30 days before such reversion, the Commandant 
        provides written notice to the State that the property conveyed 
        is needed for national security purposes.

SEC. 407. CONVEYANCE OF COAST GUARD LORAN STATION NANTUCKET.

    (a) Authority to Convey.--
            (1) In general.--The Commandant of the United States Coast 
        Guard may convey, by an appropriate means of conveyance, all 
        right, title, and interest of the United States in and to 
        approximately 29.4 acres of land, together with the 
        improvements thereon, at Coast Guard LORAN Station Nantucket, 
        Nantucket, Massachusetts, to the Town of Nantucket, 
        Massachusetts (``the Town'') unless the Commandant, or his 
        delegate, in his sole discretion determines that the conveyance 
        would not provide a public benefit.
            (2) Identification of property.--
                    (A) The Commandant may identify, define, describe, 
                and determine the real property to be conveyed under 
                this section.
                    (B) The Commandant shall determine the exact 
                acreage and legal description of the property to be 
                conveyed under this section by a survey satisfactory to 
                the Commandant. The cost of the survey shall be borne 
                by the Town.
    (b) Terms of Conveyance.--
            (1) In general.--The conveyance of real property under this 
        section shall be made--
                    (A) without payment of consideration; and
                    (B) subject to the following terms and conditions:
                            (i) The Town shall not, upon the property 
                        conveyed, allow, conduct, or permit any 
                        activity, or operate, allow, or permit the 
                        operation of, any equipment or machinery, that 
                        would interfere or cause interference, in any 
                        manner, with any aid to navigation located upon 
                        property retained by the United States at Coast 
                        Guard LORAN Station Nantucket, without the 
                        express written permission from the Commandant.
                            (ii) The Town shall maintain the real 
                        property conveyed in a manner consistent with 
                        the present and future use of any property 
                        retained by the United States at Coast Guard 
                        LORAN Station Nantucket as a site for an aid to 
                        navigation.
                            (iii) Any other terms and conditions the 
                        Commandant considers appropriate to protect the 
                        interests of the United States, including the 
                        reservation of easements or other rights on 
                        behalf of the United States.
            (2) Reversionary interest.--The conveyance of real property 
        pursuant to this section shall be subject to the condition that 
        all right, title, and interest in such property shall 
        immediately revert to the United States if--
                    (A) the property, or any part thereof, ceases to be 
                owned and used by the Town;
                    (B) the Town fails to maintain the property 
                conveyed in a manner consistent with the terms and 
                conditions in paragraph (1); or
                    (C) at least 30 days before such reversion, the 
                Commandant provides written notice to the Town that the 
                property conveyed is needed for national security 
                purposes.

SEC. 408. CONVEYANCE OF COAST GUARD RESERVE TRAINING FACILITY, 
              JACKSONVILLE, FLORIDA.

    (a) In General.--Notwithstanding any other provision of law--
            (1) the land and improvements thereto comprising the Coast 
        Guard Reserve training facility in Jacksonville, Florida, is 
        deemed to be surplus property; and
            (2) the Commandant of the Coast Guard may dispose of all 
        right, title, and interest of the United States in and to that 
        property, by sale, at fair market value unless the Commandant, 
        or his delegate, in his sole discretion determines that the 
        sale would not provide a public benefit.
    (b) Right of First Refusal.--Before a sale is made under section 
(a) to any other person, the Commandant of the Coast Guard shall give 
to the City of Jacksonville, Florida, the right of first refusal to 
purchase all or any part of the property required to be sold under that 
subsection.

SEC. 409. CONVEYANCE OF DECOMMISSIONED COAST GUARD VESSELS.

    (a) In General.--The Commandant of the Coast Guard may convey all 
right, title, and interest of the United States in and to each of 2 
decommissioned ``White Class'' 133-foot Coast Guard vessels to 
Canvasback Mission, Inc. (a nonprofit corporation under the laws of the 
State of California; in this section referred to as ``the recipient''), 
without consideration, if--
            (1) the recipient agrees--
                    (A) to use the vessel for purposes of providing 
                medical services to Central and South Pacific island 
                nations;
                    (B) not to use the vessel for commercial 
                transportation purposes except those incident to the 
                provisions of those medical services;
                    (C) to make the vessel available to the United 
                States Government if needed for use by the Commandant 
                in times of war or a national emergency; and
                    (D) to hold the Government harmless for any claims 
                arising from exposure to hazardous materials, including 
                asbestos and polychlorinated biphenyls (PCBs), after 
                conveyance of the vessel, except for claims arising 
                from the use by the Government under paragraph (1)(C);
            (2) the recipient has funds available that will be 
        committed to operate and maintain each vessel conveyed in good 
        working condition, in the form of cash, liquid assets, or a 
        written loan commitment, and in the amount of at least $400,000 
        per vessel; and
            (3) the recipient agrees to any other conditions the 
        Commandant considers appropriate.
    (b) Maintenance and Delivery of Vessels.--Prior to conveyance of a 
vessel under this section, the Commandant shall, to the extent 
practical, and subject to other Coast Guard mission requirements, make 
every effort to maintain the integrity of the vessel and its equipment 
until the time of delivery. If a conveyance is made under this section, 
the Commandant shall deliver the vessel at the place where the vessel 
is located, in its present condition, and without cost to the 
Government. The conveyance of the vessel under this section shall not 
be considered a distribution in commerce for purposes of section 6(e) 
of Public Law 94-469 (15 U.S.C. 2605(e)).
    (c) Other Excess Equipment.--The Commandant may convey to the 
recipient of a vessel under this section any excess equipment or parts 
from other decommissioned Coast Guard vessels for use to enhance the 
vessel's operability and function as a medical services vessel in 
Central and South Pacific Islands.

SEC. 410. AMENDMENT TO CONVEYANCE OF VESSEL S/S RED OAK VICTORY.

    Section 1008(d)(1) of the Coast Guard Authorization Act of 1996 is 
amended by striking ``2 years'' and inserting ``3 years''.

SEC. 411. TRANSFER OF OCRACOKE LIGHT STATION TO SECRETARY OF THE 
              INTERIOR.

    The Administrator of the General Services Administration shall 
transfer administrative jurisdiction over the Federal property 
consisting of approximately 2 acres, known as the Ocracoke Light 
Station, to the Secretary of the Interior, subject to such 
reservations, terms, and conditions as may be necessary for Coast Guard 
purposes. All property so transferred shall be included in and 
administered as part of the Cape Hatteras National Seashore.

SEC. 412. VESSEL DOCUMENTATION CLARIFICATION.

    Section 12102(a)(4) of title 46, United States Code, and section 
2(a) of the Shipping Act, 1916 (46 U.S.C. App. 802(a)) are each amended 
by--
            (1) striking ``president or other''; and
            (2) inserting a comma and ``by whatever title,'' after 
        ``chief executive officer''.

SEC. 413. SANCTIONS FOR FAILURE TO LAND OR TO HEAVE TO; SANCTIONS FOR 
              OBSTRUCTION OF BOARDING AND PROVIDING FALSE INFORMATION.

    (a) In General.--Chapter 109 of title 18, United States Code, is 
amended by adding at the end new section 2237 to read as follows:
``Sec. 2237. Sanctions for failure to land or to heave to; sanctions 
              for obstruction of boarding and providing false 
              information
    ``(a)(1) It shall be unlawful for the pilot, operator, or person in 
charge of an aircraft which has crossed the border of the United 
States, or an aircraft subject to the jurisdiction of the United States 
operating outside the United States, to knowingly fail to obey an order 
to land by an authorized Federal law enforcement officer who is 
enforcing the laws of the United States relating to controlled 
substances, as that term is defined in section 102(6) of the Controlled 
Substances Act (21 U.S.C. 802(6)), or relating to money laundering 
(sections 1956-57 of this title).
    ``(2) The Administrator of the Federal Aviation Administration, in 
consultation with the Commissioner of Customs and the Attorney General, 
shall prescribe regulations governing the means by, and circumstances 
under which, a Federal law enforcement officer may communicate an order 
to land to a pilot, operator, or person in charge of an aircraft. Such 
regulations shall ensure that any such order is clearly communicated in 
accordance with applicable international standards. Further, such 
regulations shall establish guidelines based on observed conduct, prior 
information, or other circumstances for determining when an officer may 
use the authority granted under paragraph (1).
    ``(b)(1) It shall be unlawful for the master, operator, or person 
in charge of a vessel of the United States or a vessel subject to the 
jurisdiction of the United States, to knowingly fail to obey an order 
to heave to that vessel on being ordered to do so by an authorized 
Federal law enforcement officer.
    ``(2) It shall be unlawful for any person on board a vessel of the 
United States or a vessel subject to the jurisdiction of the United 
States to--
            ``(A) fail to comply with an order of an authorized Federal 
        law enforcement officer in connection with the boarding of the 
        vessel;
            ``(B) impede or obstruct a boarding or arrest or other law 
        enforcement action authorized by any Federal law; or
            ``(C) provide false information to a Federal law 
        enforcement officer during a boarding of a vessel regarding the 
        vessel's destination, origin, ownership, registration, 
        nationality, cargo, or crew.
    ``(c) This section does not limit in any way the preexisting 
authority of a customs officer under section 581 of the Tariff Act of 
1930 or any other provision of law enforced or administered by the 
Customs Service, or the preexisting authority of any Federal law 
enforcement officer under any law of the United States to order an 
aircraft to land or a vessel to heave to.
    ``(d) A foreign nation may consent or waive objection to the 
enforcement of United States law by the United States under this 
section by radio, telephone, or similar oral or electronic means. 
Consent or waiver is conclusively proven by certification of the 
Secretary of State or the Secretary's designee.
    ``(e) For purposes of this section--
            ``(1) a `vessel of the United States' and a `vessel subject 
        to the jurisdiction of the United States' have the meaning set 
        forth for these terms in the Maritime Drug Law Enforcement Act 
        (46 App. U.S.C. 1903);
            ``(2) an aircraft `subject to the jurisdiction of the 
        United States' includes--
                    ``(A) an aircraft located over the United States or 
                the customs waters of the United States;
                    ``(B) an aircraft located in the airspace of a 
                foreign nation, where that nation consents to the 
                enforcement of United States law by the United States; 
                and
                    ``(C) over the high seas, an aircraft without 
                nationality, an aircraft of United States registry, or 
                an aircraft registered in a foreign nation that has 
                consented or waived objection to the enforcement of 
                United States law by the United States;
            ``(3) an aircraft `without nationality' includes--
                    ``(A) an aircraft aboard which the pilot, operator, 
                or person in charge makes a claim of registry, which 
                claim is denied by the nation whose registry is 
                claimed; and
                    ``(B) an aircraft aboard which the pilot, operator, 
                or person in charge fails, upon request of an officer 
                of the United States empowered to enforce applicable 
                provisions of United States law, to make a claim of 
                registry for that aircraft;
            ``(4) the term `heave to' means to cause a vessel to slow 
        or come to a stop to facilitate a law enforcement boarding by 
        adjusting the course and speed of the vessel to account for the 
        weather conditions and sea state; and
            ``(5) the term `Federal law enforcement officer' has the 
        meaning set forth in section 115 of this title.
    ``(f) Any person who intentionally violates the provisions of this 
section shall be subject to--
            ``(1) imprisonment for not more than 3 years; or
            ``(2) a fine as provided in this title;
or both.
    ``(g) An aircraft that is used in violation of this section may be 
seized and forfeited. A vessel that is used in violation of subsection 
(b)(1) or subsection (b)(2)(A) may be seized and forfeited. The laws 
relating to the seizure, summary and judicial forfeiture, and 
condemnation of property for violation of the customs laws, the 
disposition of such property or the proceeds from the sale thereof, the 
remission or mitigation of such forfeitures, and the compromise of 
claims, shall apply to seizures and forfeitures undertaken, or alleged 
to have been undertaken, under any of the provisions of this section; 
except that such duties as are imposed upon the customs officer or any 
other person with respect to the seizure and forfeiture of property 
under the customs laws shall be performed with respect to seizures and 
forfeitures of property under this section by such officers, agents, or 
other persons as may be authorized or designated for that purpose. A 
vessel or aircraft that is used in violation of this section is also 
liable in rem for any fine or civil penalty imposed under this 
section.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 109 of 
title 18, United States Code, is amended by inserting the following new 
item after the item for section 2236:

``2237. Sanctions for failure to land or to heave to; sanctions for 
                            obstruction of boarding or providing false 
                            information.''.

SEC. 414. DREDGE CLARIFICATION.

    Section 5209(b) of the Oceans Act of 1992 (46 U.S.C. 2101 note) is 
amended by adding at the end thereof the following:
            ``(3) A vessel--
                    ``(A) configured, outfitted, and operated primarily 
                for dredging operations; and
                    ``(B) engaged in dredging operations which 
                transfers fuel to other vessels engaged in the same 
                dredging operations without charge.''.

SEC. 415. GREAT LAKES PILOTAGE ADVISORY COMMITTEE.

    Section 9307 of title 46, United States Code, is amended to read as 
follows:
``Sec. 9307. Great Lakes Pilotage Advisory Committee
    ``(a) The Secretary shall establish a Great Lakes Pilotage Advisory 
Committee. The Committee--
            ``(1) may review proposed Great Lakes pilotage regulations 
        and policies and make recommendations to the Secretary that the 
        Committee considers appropriate;
            ``(2) may advise, consult with, report to, and make 
        recommendations to the Secretary on matters relating to Great 
        Lakes pilotage;
            ``(3) may make available to the Congress recommendations 
        that the Committee makes to the Secretary; and
            ``(4) shall meet at the call of--
                    ``(A) the Secretary, who shall call such a meeting 
                at least once during each calendar year; or
                    ``(B) a majority of the Committee.
    ``(b)(1) The Committee shall consist of 7 members appointed by the 
Secretary in accordance with this subsection, each of whom has at least 
5 years practical experience in maritime operations. The term of each 
member is for a period of not more than 5 years, specified by the 
Secretary. Before filling a position on the Committee, the Secretary 
shall publish a notice in the Federal Register soliciting nominations 
for membership on the Committee.
    ``(2) The membership of the Committee shall include--
            ``(A) 3 members who are practicing Great Lakes pilots and 
        who reflect a regional balance;
            ``(B) 1 member representing the interests of vessel 
        operators that contract for Great Lakes pilotage services;
            ``(C) 1 member representing the interests of Great Lakes 
        ports;
            ``(D) 1 member representing the interests of shippers whose 
        cargoes are transported through Great Lakes ports; and
            ``(E) 1 member representing the interests of the general 
        public, who is an independent expert on the Great Lakes 
        maritime industry.
    ``(c)(1) The Committee shall elect one of its members as the 
Chairman and one of its members as the Vice Chairman. The Vice Chairman 
shall act as Chairman in the absence or incapacity of the Chairman, or 
in the event of a vacancy in the office of the Chairman.
    ``(2) The Secretary shall, and any other interested agency may, 
designate a representative to participate as an observer with the 
Committee. The representatives shall, as appropriate, report to and 
advise the Committee on matters relating to Great Lakes pilotage. The 
Secretary's designated representative shall act as the executive 
secretary of the Committee and shall perform the duties set forth in 
section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.).
    ``(d)(1) The Secretary shall, whenever practicable, consult with 
the Committee before taking any significant action relating to Great 
Lakes pilotage.
    ``(2) The Secretary shall consider the information, advice, and 
recommendations of the Committee in formulating policy regarding 
matters affecting Great Lakes pilotage.
    ``(e)(1) A member of the Committee, when attending meetings of the 
Committee or when otherwise engaged in the business of the Committee, 
is entitled to receive--
            ``(A) compensation at a rate fixed by the Secretary, not 
        exceeding the daily equivalent of the current rate of basic pay 
        in effect for GS-18 of the General Schedule under section 5332 
        of title 5 including travel time; and
            ``(B) travel or transportation expenses under section 5703 
        of title 5.
    ``(2) A member of the Committee shall not be considered to be an 
officer or employee of the United States for any purpose based on their 
receipt of any payment under this subsection.
    ``(f)(1) The Federal Advisory Committee Act (5 U.S.C. App.) applies 
to the Committee, except that the Committee terminates on September 30, 
2003.
    ``(2) 2 years before the termination date set forth in paragraph 
(1) of this subsection, the Committee shall submit to the Congress its 
recommendation regarding whether the Committee should be renewed and 
continued beyond the termination date.''.

SEC. 416. DOCUMENTATION OF CERTAIN VESSELS.

    (a) General Waiver.--Notwithstanding section 27 of the Merchant 
Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of June 19, 
1886 (46 U.S.C. App. 289), and sections 12106 and 12108 of title 46, 
United States Code, the Secretary of Transportation may issue a 
certificate of documentation with appropriate endorsement for 
employment in the coastwise trade for each of the following vessels:
            (1) MIGHTY JOHN III (formerly the NIAGRA QUEEN), Canadian 
        official number 318746.
            (2) DUSKEN IV, United States official number 952645.
            (3) SUMMER BREEZE, United States official number 552808.
            (4) ARCELLA, United States official number 1025983.
            (5) BILLIE-B-II, United States official number 982069.
            (6) VESTERHAVET, United States official number 979206.
            (7) BETTY JANE, State of Virginia registration number VA 
        7271 P.
            (8) VORTICE, Bari, Italy, registration number 256, if the 
        vessel meets the ownership requirements of section 2 of the 
        Shipping Act, 1916 (46 U.S.C. App. 802).
            (9) The barge G. L. 8, Canadian official number 814376.
            (10) FOILCAT, United States official number 1063892.
            (11) YESTERDAYS DREAM, United States official number 
        680266.
            (12) ENFORCER, United States official number 502610.
            (13) The vessel registered as State of Oregon registration 
        number OR 766 YE.
            (14) AMICI, United States official number 658055.
            (15) ELIS, United States official number 628358.
            (16) STURE, United States official number 617703.
            (17) CAPT GRADY, United States official number 626257.
            (18) Barge number 1, United States official number 933248.
            (19) Barge number 2, United States official number 256944.
            (20) Barge number 14, United States official number 501212.
            (21) Barge number 18, United States official number 297114.
            (22) Barge number 19, United States official number 503740.
            (23) Barge number 21, United States official number 650581.
            (24) Barge number 22, United States official number 650582.
            (25) Barge number 23, United States official number 650583.
            (26) Barge number 24, United States official number 664023.
            (27) Barge number 25, United States official number 664024.
            (28) Barge number 26, United States official number 271926.
            (29) PACIFIC MONARCH, United States official number 557467.
            (30) FULL HOUSE, United States official number 1023827.
            (31) W.G. JACKSON, United States official number 1047199.
            (32) EMBARCADERO, United States official number 669327.
            (33) S.A., British Columbia, Canada official number 195214.
            (34) FAR HORIZONS, United States official number 1044011.
            (35) LITTLE TOOT, United States official number 938858.
            (36) TURMOIL, British official number 726767.
    (b) Falls Point.--Notwithstanding section 27 of the Merchant Marine 
Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of June 19, 1886 
(46 U.S.C. App. 289), and section 12106 of title 46, United States 
Code, the Secretary of Transportation may issue a certificate of 
documentation with appropriate endorsement for employment in the 
coastwise trade for the vessel FALLS POINT, State of Maine registration 
number ME 5435 E.
    (c) Termination.--The endorsement issued under subsection (a)(10) 
shall terminate on the last day of the 36th month beginning after the 
date on which it was issued.
    (d) Nina, Pinta, and Santa Maria Replicas.--Notwithstanding section 
27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), section 8 of 
the Act of June 19, 1886 (46 U.S.C. App. 289), and section 12106 and 
12108 of title 46, United States Code, the Secretary of Transportation 
may authorize employment in the coastwise trade for the purpose of 
carrying passengers for hire for each of the following vessels while 
the vessel is operated by the las Carabelas Columbus Fleet Association 
under the terms of its agreement of May 6, 1992, with the Sociedad 
Estatal para la Ejucucion de Programas y Actuaciones Conmeroratives del 
Quinto Centario del Descubrimiento de America, S.A., and the Spain '92 
Foundation:
            (1) NINA, United States Coast Guard vessel identification 
        number CG034346;
            (2) PINTA, United States Coast Guard vessel identification 
        number CG034345; and
            (3) NAO SANTA MARIA, United States Coast Guard vessel 
        identification number CG034344.
    (e) Barge APL-60.--
            (1) In general.--Notwithstanding section 27 of the Merchant 
        Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of 
        June 19, 1886 (46 U.S.C. App. 289), and section 12106 of title 
        46, United States Code, the Secretary may issue a certificate 
        of documentation with appropriate endorsement for employment in 
        the coastwise trade for the barge APL-60 (United States 
        official number 376857).
            (2) Limitations.--The vessel described in paragraph (1) of 
        this subsection may be employed in the coastwise trade only for 
        the purpose of participating in the ship disposal initiative 
        initially funded by the Department of Defense Appropriations 
        Act, 1999, for the duration of that initiative.
            (3) Termination.--A coastwise endorsement issued under 
        paragraph (1) shall terminate on the earlier of--
                    (A) the completion of the final coastwise trade 
                voyage associated with the ship disposal initiative 
                described in paragraph (2); or
                    (B) the sale or transfer of the vessel described in 
                paragraph (1) to an owner other than the owner of the 
                vessel as of October 1, 1998.

SEC. 417. DOUBLE HULL ALTERNATIVE DESIGNS STUDY.

    Section 4115(e) of the Oil Pollution Act of 1990 (46 U.S. Code 
3703a note) is amended by adding at the end thereof the following:
            ``(3)(A) The Secretary of Transportation shall coordinate 
        with the Marine Board of the National Research Council to 
        conduct the necessary research and development of a rationally 
        based equivalency assessment approach, which accounts for the 
        overall environmental performance of alternative tank vessel 
        designs. Notwithstanding sections 101 and 311 of the Clean 
        Water Act (33 U.S.C. 1251 and 1321), the intent of this study 
        is to establish an equivalency evaluation procedure that 
        maintains a high standard of environmental protection, while 
        encouraging innovative ship design. The study shall include:
                    ``(i) development of a generalized cost spill data 
                base, which includes all relevant costs such as clean-
                up costs and environmental impact costs as a function 
                of spill size;
                    ``(ii) refinement of the probability density 
                functions used to establish the extent of vessel 
                damage, based on the latest available historical damage 
                statistics, and current research on the crash 
                worthiness of tank vessel structures;
                    ``(iii) development of a rationally based approach 
                for calculating an environmental index, to assess 
                overall outflow performance due to collisions and 
                groundings; and
                    ``(iv) application of the proposed index to double 
                hull tank vessels and alternative designs currently 
                under consideration.
            ``(B) A Marine Board committee shall be established not 
        later that 2 months after the date of enactment of the Coast 
        Guard Authorization Act for Fiscal Years 1998, 1999, and 2000. 
        The Secretary of Transportation shall submit to the Committee 
        on Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure in the House of 
        Representatives a report on the results of the study not later 
        than 12 months after the date of enactment of the Coast Guard 
        Authorization Act for Fiscal Years 1998, 1999, and 2000.
            ``(C) Of the amounts authorized by section 1012(a)(5)(A) of 
        this Act, $500,000 is authorized to carry out the activities 
        under subparagraphs (A) and (B) of this paragraph.''.

SEC. 418. REPORT ON MARITIME ACTIVITIES.

    Section 208 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1118) 
is amended by striking ``each year,'' and inserting ``of each odd-
numbered year,''.

SEC. 419. VESSEL SHARING AGREEMENTS.

    (a) Section 5 of the Shipping Act of 1984 (46 U.S.C. App. 1704) is 
amended by adding at the end thereof the following:
    ``(g) Vessel Sharing Agreements.--An ocean common carrier that is 
the owner, operator, or bareboat, time, or slot charterer of a United 
States-flag liner vessel documented pursuant to sections 12102(a) or 
(d) of title 46, United States Code, is authorized to agree with an 
ocean common carrier that is not the owner, operator or bareboat 
charterer for at least one year of United States-flag liner vessels 
which are eligible to be included in the Maritime Security Fleet 
Program and are enrolled in an Emergency Preparedness Program pursuant 
to subtitle B of title VI of the Merchant Marine Act, 1936 (46 U.S.C. 
App. 1187 et seq.), to which it charters or subcharters the United 
States-flag vessel or space on the United States-flag vessel that such 
charterer or subcharterer may not use or make available space on the 
vessel for the carriage of cargo reserved by law for United States-flag 
vessels.''.
    (b) Section 10(c)(6) of the Shipping Act of 1984 (46 U.S.C. App. 
1709(c)(6)) is amended by inserting ``authorized by section 5(g) of 
this Act, or as'' before ``otherwise''.
    (c) Nothing in this section shall affect or in any way diminish the 
authority or effectiveness of orders issued by the Maritime 
Administration pursuant to sections 9 and 41 of the Shipping Act, 1916 
(46 U.S.C. App. 808 and 839).

SEC. 420. REPORT ON SWATH TECHNOLOGY.

    The Commandant of the Coast Guard shall, within 18 months after the 
date of enactment of this Act, report to the Senate Committee on 
Commerce, Science, and Transportation and the House Committee on 
Transportation and Infrastructure on the applicability of Small 
Waterplane Area Twin Hull (SWATH) technology, including concepts 
developed by the United States Office of Naval Research, to the design 
of Coast Guard vessels.

SEC. 421. REPORT ON TONNAGE CALCULATION METHODOLOGY.

    The Administrator of the Panama Canal Commission shall, within 90 
days of the date of enactment of this Act, submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report detailing the methodology employed in the calculation of the 
charge of tolls for the carriage of on-deck containers. The report 
shall also include an explanation as to why the 8.02 percent 
coefficient was determined to be the upper limit and maximum cap for 
on-deck container capacity, and why any increase in that coefficient 
would be inappropriate.

SEC. 422. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL, 
              AMERICAN VICTORY.

    (a) Authority to Convey.--Notwithstanding any other law, the 
Secretary of Transportation (referred to in this section as ``the 
Secretary'') may convey all right, title, and interest of the Federal 
Government in and to the vessel S.S. AMERICAN VICTORY (United States 
official number 248005) to The Victory Ship, Inc., located in Tampa, 
Florida (in this section referred to as the ``recipient''), and the 
recipient may use the vessel only as a memorial to the Victory class of 
ships.
    (b) Terms of Conveyance.--
            (1) Delivery of vessel.--In carrying out subsection (a), 
        the Secretary shall deliver the vessel--
                    (A) at the place where the vessel is located on the 
                date of conveyance;
                    (B) in its condition on that date; and
                    (C) at no cost to the Federal Government.
            (2) Required conditions.--The Secretary may not convey a 
        vessel under this section unless--
                    (A) the recipient agrees to hold the Government 
                harmless for any claims arising from exposure to 
                hazardous material, including asbestos and 
                polychlorinated biphenyls, after conveyance of the 
                vessel, except for claims arising before the date of 
                the conveyance or from use of the vessel by the 
                Government after that date; and
                    (B) the recipient has available, for use to restore 
                the vessel, in the form of cash, liquid assets, or a 
                written loan commitment, financial resources of at 
                least $100,000.
            (3) Additional terms.--The Secretary may require such 
        additional terms in connection with the conveyance authorized 
        by this section as the Secretary considers appropriate.
    (c) Other Unneeded Equipment.--The Secretary may convey to the 
recipient of the vessel conveyed under this section any unneeded 
equipment from other vessels in the National Defense Reserve Fleet, for 
use to restore the vessel conveyed under this section to museum 
quality.

SEC. 423. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL, 
              JOHN HENRY.

    (a) Authority to Convey.--Notwithstanding any other law, the 
Secretary of Transportation (in this section referred to as ``the 
Secretary'') may convey all right, title, and interest of the United 
States Government in and to the vessel JOHN HENRY (United States 
official number 599294) to a purchaser for use in humanitarian relief 
efforts, including the provision of water and humanitarian goods to 
developing nations.
    (b) Terms of Conveyance.--
            (1) Delivery of vessel.--In carrying out subsection (a), 
        the Secretary shall deliver the vessel--
                    (A) at the place where the vessel is located on the 
                date of conveyance;
                    (B) in its condition on that date;
                    (C) at no cost to the United States Government; and
                    (D) only after the vessel has been redesignated as 
                not militarily useful.
            (2) Required conditions.--The Secretary may not convey a 
        vessel under this section unless--
                    (A) competitive procedures are used for sales under 
                this section;
                    (B) the vessel is sold for not less than the fair 
                market value of the vessel in the United States, as 
                determined by the Secretary of Transportation;
                    (C) the recipient agrees that the vessel shall not 
                be used for commercial transportation purposes or for 
                the carriage of cargoes reserved to United States flag 
                commercial vessels under section 901(b) and 901f of the 
                Merchant Marine Act, 1936 (46 U.S.C. App. 1241(b) and 
                1241f);
                    (D) the recipient agrees to hold the Government 
                harmless for any claims arising from exposure to 
                hazardous material, including asbestos and 
                polychlorinated biphenyls, after the conveyance of the 
                vessel, except for claims arising before the date of 
                the conveyance or from use of the vessel by the 
                Government after that date; and
                    (E) the recipient provides sufficient evidence to 
                the Secretary that it has financial resources in the 
                form of cash, liquid assets, or a written loan 
                commitment of at least $100,000.
                    (F) the recipient agrees to make the vessel 
                available to the Government if the Secretary requires 
                use of the vessel by the Government for war or national 
                emergency.
                    (G) the recipient agrees to document the vessel 
                under chapter 121 of title 46, United States Code.
            (3) Additional terms.--The Secretary may require such 
        additional terms in connection with the conveyance authorized 
        by this section as the Secretary considers appropriate.
    (c) Proceeds.--Any amounts received by the United States as 
proceeds from the sale of the M/V JOHN HENRY shall be deposited in the 
Vessel Operations Revolving Fund established by the Act of June 2, 1951 
(chapter 121; 46 U.S.C. App. 1241a) and shall be available and expended 
in accordance with section 6(a) of the National Maritime Heritage Act 
(16 U.S.C. App. 5405(a)).

SEC. 424. AUTHORIZED NUMBER OF NOAA CORPS COMMISSIONED OFFICERS.

    (a) Section 2 of the Coast and Geodetic Survey Commissioned 
Officers' Act of 1948 (33 U.S.C. 853a) is amended--
            (1) by redesignating subsections (a) through (e) as 
        subsections (b) through (f), respectively; and
            (2) by inserting before subsection (b), as redesignated, 
        the following:
    ``(a)(1) Except as provided in paragraph (2), there are authorized 
to be not less than 264 and not more than 299 commissioned officers on 
the active list of the National Oceanic and Atmospheric Administration 
for fiscal years 1999, 2000, 2001, 2002, and 2003.
    ``(2) The Administrator may reduce the number of commissioned 
officers on the active list below 264 if the Administrator determines 
that it is appropriate, taking into consideration--
            ``(A) the number of billets on the vessels and aircraft 
        owned and operated by the Administration;
            ``(B) the need of the Administration to collect high-
        quality oceanographic, fisheries, hydrographic, and atmospheric 
        data and information on a continuing basis;
            ``(C) the need for effective and safe operation of the 
        Administration's vessels and aircraft;
            ``(D) the need for effective management of the commissioned 
        Corps; and
            ``(E) the protection of the interests of taxpayers.
    ``(3) At least 90 days before beginning any reduction as described 
in paragraph (2), the Administrator shall provide notice of such 
reduction to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Resources of the House of 
Representatives.''.
    (b) Section 24(a) of the Coast and Geodetic Survey Commissioned 
Officers' Act of 1948 (33 U.S.C. 853u(a)) is amended by inserting ``One 
such position shall be appointed from the officers on the active duty 
promotion list serving in or above the grade of captain, and who shall 
be responsible for administration of the commissioned officers, and for 
oversight of the operation of the vessel and aircraft fleets, of the 
Administration.'' before ``An officer''.
    (c) The Secretary of Commerce immediately shall relieve the 
moratorium on new appointments of commissioned officers to the National 
Oceanic and Atmospheric Administration Corps.

SEC. 425. COAST GUARD CITY, USA.

    The Commandant of the Coast Guard may recognize the Community of 
Grand Haven, Michigan, as ``Coast Guard City, USA''. If the Commandant 
desires to recognize any other community in the United States in the 
same manner or any other community requests such recognition from the 
Coast Guard, the Commandant shall notify the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives at 
least 90 days before approving such recognition.

SEC. 426. MARINE TRANSPORTATION FLEXIBILITY.

    (a) In General.--Section 218 of title 23, United States Code, is 
amended--
            (1) by striking ``the south Alaskan border'' in the first 
        sentence of subsection (a) and inserting ``Haines'';
            (2) in the third sentence by striking ``highway'' in the 
        third sentence of subsection (a) and inserting ``highway or the 
        Alaska Marine Highway System'';
            (3) by striking ``any other fiscal year thereafter'' in the 
        fourth sentence of subsection (a) and inserting ``any other 
        fiscal year thereafter, including any portion of any other 
        fiscal year thereafter, prior to the date of the enactment of 
        the Transportation Equity Act for the 21st Century'';
            (4) by striking ``construction of such highways until an 
        agreement'' in the fifth sentence of subsection (a) and 
        inserting ``construction of the portion of such highways that 
        are in Canada until an agreement''; and
            (5) by inserting ``in Canada'' after ``undertaken'' in 
        subsection (b).

         TITLE V--ADMINISTRATIVE PROCESS FOR JONES ACT WAIVERS

SEC. 501. FINDINGS.

    The Congress finds that--
            (1) current coastwise trade laws provide no administrative 
        authority to waive the United-States-built requirement of those 
        laws for the limited carriage of passengers for hire on vessels 
        built or rebuilt outside the United States;
            (2) requests for such waivers require the enactment of 
        legislation by the Congress;
            (3) each Congress routinely approves numerous such requests 
        for waiver and rarely rejects any such request; and
            (4) the review and approval of such waiver requests is a 
        ministerial function which properly should be executed by an 
        administrative agency with appropriate expertise.

SEC. 502. ADMINISTRATIVE WAIVER OF COASTWISE TRADE LAWS.

    Notwithstanding sections 12106 and 12108 of title 46, United States 
Code, section 8 of the Act of June 19, 1886 (46 U.S.C. App. 289), and 
section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), the 
Secretary of Transportation may issue a certificate of documentation 
with appropriate endorsement for employment in the coastwise trade as a 
passenger vessel, a small passenger vessel, or an uninspected passenger 
vessel for an eligible vessel authorized to carry no more than 12 
passengers for hire if the Secretary, after notice and an opportunity 
for public comment, determines that the employment of the vessel in the 
coastwise trade will not adversely affect--
            (1) United States vessel builders; or
            (2) the coastwise trade business of any person who employs 
        vessels built in the United States in that business.

SEC. 503. REVOCATION.

    The Secretary may revoke an endorsement issued under section 502, 
after notice and an opportunity for public comment, if the Secretary 
determines that the employment of the vessel in the coastwise trade has 
substantially changed since the issuance of the endorsement, and--
            (1) the vessel is employed other than as a passenger 
        vessel, a small passenger vessel, or an uninspected passenger 
        vessel; or
            (2) the employment of the vessel adversely affects--
                    (A) United States vessel builders; or
                    (B) the coastwise trade business of any person who 
                employs vessels built in the United States.

SEC. 504. DEFINITIONS.

    In this title:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (2) Eligible vessel.--The term ``eligible vessel'' means a 
        vessel that--
                    (A) was not built in the United States and is at 
                least 3 years of age; or
                    (B) if rebuilt, was rebuilt outside the United 
                States at least 3 years before the certification 
                requested under section 502, if granted, would take 
                effect.
            (3) Passenger vessel, small passenger vessel; uninspected 
        passenger vessel; passenger for hire.--The terms ``passenger 
        vessel'', ``small passenger vessel'', ``uninspected passenger 
        vessel'', and ``passenger for hire'' have the meaning given 
        such terms by section 2101 of title 46, United States Code.

              TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA.

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Harmful Algal Bloom and Hypoxia 
Research and Control Act of 1998''.

SEC. 602. FINDINGS.

    The Congress finds that--
            (1) the recent outbreak of the harmful microbe Pfiesteria 
        piscicida in the coastal waters of the United States is one 
        example of potentially harmful algal blooms composed of 
        naturally occurring species that reproduce explosively and that 
        are increasing in frequency and intensity in the Nation's 
        coastal waters;
            (2) other recent occurrences of harmful algal blooms 
        include red tides in the Gulf of Mexico and the Southeast; 
        brown tides in New York and Texas; ciguatera fish poisoning in 
        Hawaii, Florida, Puerto Rico, and the U.S. Virgin Islands; and 
        shellfish poisonings in the Gulf of Maine, the Pacific 
        Northwest, and the Gulf of Alaska;
            (3) in certain cases, harmful algal blooms have resulted in 
        fish kills, the deaths of numerous endangered West Indian 
        manatees, beach and shellfish bed closures, threats to public 
        health and safety, and concern among the public about the 
        safety of seafood;
            (4) according to some scientists, the factors causing or 
        contributing to harmful algal blooms may include excessive 
        nutrients in coastal waters, other forms of pollution, the 
        transfer of harmful species through ship ballast water, and 
        ocean currents;
            (5) harmful algal blooms may have been responsible for an 
        estimated $1,000,000,000 in economic losses during the past 
        decade;
            (6) harmful algal blooms and blooms of nontoxic algal 
        species may lead to other damaging marine conditions such as 
        hypoxia (reduced oxygen concentrations), which are harmful or 
        fatal to fish, shellfish, and benthic organisms;
            (7) according to the National Oceanic and Atmospheric 
        Administration in the Department of Commerce, 53 percent of 
        U.S. estuaries experience hypoxia for at least part of the year 
        and a 7,000 square mile area in the Gulf of Mexico off 
        Louisiana and Texas suffers from hypoxia;
            (8) according to some scientists, a factor believed to 
        cause hypoxia is excessive nutrient loading into coastal 
        waters;
            (9) there is a need to identify more workable and effective 
        actions to reduce nutrient loadings to coastal waters;
            (10) the National Oceanic and Atmospheric Administration, 
        through its ongoing research, education, grant, and coastal 
        resource management programs, possesses a full range of 
        capabilities necessary to support a near and long-term 
        comprehensive effort to prevent, reduce, and control harmful 
        algal blooms and hypoxia;
            (11) funding for the research and related programs of the 
        National Oceanic and Atmospheric Administration will aid in 
        improving the Nation's understanding and capabilities for 
        addressing the human and environmental costs associated with 
        harmful algal blooms and hypoxia; and
            (12) other Federal agencies such as the Environmental 
        Protection Agency, the Department of Agriculture, and the 
        National Science Foundation, along with the States, Indian 
        tribes, and local governments, conduct important work related 
        to the prevention, reduction, and control of harmful algal 
        blooms and hypoxia.

SEC. 603. ASSESSMENTS.

    (a) Establishment of Inter-Agency Task Force.--The President, 
through the Committee on Environment and Natural Resources of the 
National Science and Technology Council, shall establish an Inter-
Agency Task Force on Harmful Algal Blooms and Hypoxia (hereinafter 
referred to as the ``Task Force''). The Task Force shall consist of the 
following representatives from--
            (1) the Department of Commerce (who shall serve as Chairman 
        of the Task Force);
            (2) the Environmental Protection Agency;
            (3) the Department of Agriculture;
            (4) the Department of the Interior;
            (5) the Department of the Navy;
            (6) the Department of Health and Human Services;
            (7) the National Science Foundation;
            (8) the National Aeronautics and Space Administration;
            (9) the Food and Drug Administration;
            (10) the Office of Science and Technology Policy;
            (11) the Council on Environmental Quality; and
            (12) such other Federal agencies as the President considers 
        appropriate.
    (b) Assessment of Harmful Algal Blooms.--
            (1) Not later than 12 months after the date of enactment of 
        this title, the Task Force, in cooperation with the coastal 
        States, Indian tribes, and local governments, industry 
        (including agricultural organizations), academic institutions, 
        and nongovernmental organizations with expertise in coastal 
        zone management, shall complete and submit to the Congress an 
        assessment which examines the ecological and economic 
        consequences of harmful algal blooms, alternatives for 
        reducing, mitigating, and controlling harmful algal blooms, and 
        the social and economic costs and benefits of such 
        alternatives.
            (2) The assessment shall--
                    (A) identify alternatives for preventing 
                unnecessary duplication of effort among Federal 
                agencies and departments with respect to harmful algal 
                blooms; and
                    (B) provide for Federal cooperation and 
                coordination with and assistance to the coastal States, 
                Indian tribes, and local governments in the prevention, 
                reduction, management, mitigation, and control of 
                harmful algal blooms and their environmental and public 
                health impacts.
    (c) Assessment of Hypoxia.--
            (1) Not later than 12 months after the date of enactment of 
        this title, the Task Force, in cooperation with the States, 
        Indian tribes, local governments, industry, agricultural, 
        academic institutions, and nongovernmental organizations with 
        expertise in watershed and coastal zone management, shall 
        complete and submit to the Congress an assessment which 
        examines the ecological and economic consequences of hypoxia in 
        United States Coastal waters, alternatives for reducing, 
        mitigating, and controlling hypoxia, and the social and 
        economic costs and benefits of such alternatives.
            (2) The assessment shall--
                    (A) establish needs, priorities, and guidelines for 
                a peer-reviewed, inter-agency research program on the 
                causes, characteristics, and impacts of hypoxia;
                    (B) identify alternatives for preventing 
                unnecessary duplication of effort among Federal 
                agencies and departments with respect to hypoxia; and
                    (C) provide for Federal cooperation and 
                coordination with and assistance to the States, Indian 
                tribes, and local governments in the prevention, 
                reduction, management, mitigation, and control of 
                hypoxia and its environmental impacts.
    (e) Disestablishment of Task Force.--The President may disestablish 
the Task Force after submission of the plan in section 604(d).

SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

    (a) Assessment Report.--Not later than May 30, 1999, the Task Force 
shall complete and submit to Congress and the President an integrated 
assessment of hypoxia in the northern Gulf of Mexico that examines: the 
distribution, dynamics, and causes; ecological and economic 
consequences; sources and loads of nutrients transported by the 
Mississippi River to the Gulf of Mexico; effects of reducing nutrient 
loads; methods for reducing nutrient loads; and the social and economic 
costs and benefits of such methods.
    (b) Submission of a Plan.--No later than March 30, 2000, the 
President, in conjunction with the chief executive officers of the 
States, shall develop and submit to Congress a plan, based on the 
integrated assessment submitted under subsection (a), for reducing, 
mitigating, and controlling hypoxia in the northern Gulf of Mexico. In 
developing such plan, the President shall consult with State, Indian 
tribe, and local governments, academic, agricultural, industry, and 
environmental groups and representatives. Such plan shall include 
incentive-based partnership approaches. The plan shall also include the 
social and economic costs and benefits of the measures for reducing, 
mitigating, and controlling hypoxia. At least 90 days before the 
President submits such plan to the Congress, a summary of the proposed 
plan shall be published in the Federal Register for a public comment 
period of not less than 60 days.

SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce for research, education, and monitoring activities related to 
the prevention, reduction, and control of harmful algal blooms and 
hypoxia, $25.5 million in each of fiscal years 1999, 2000, and 2001, to 
remain available until expended. The Secretary shall consult with the 
States on a regular basis regarding the development and implementation 
of the activities authorized under this section. Of such amounts for 
each fiscal year--
            (1) $5,000,000 may be used to enable the National Oceanic 
        and Atmospheric Administration to carry out research and 
        assessment activities, including procurement of necessary 
        research equipment, at research laboratories of the National 
        Ocean Service and the National Marine Fisheries Service;
            (2) $7,000,000 may be used to carry out the Ecology and 
        Oceanography of Harmful Algal Blooms (ECOHAB) project under the 
        Coastal Ocean Program established under section 201(c) of 
        Public Law 102-567;
            (3) $3,000,000 may be used by the National Ocean Service of 
        the National Oceanic and Atmospheric Administration to carry 
        out a peer-reviewed research project on management measures 
        that can be taken to prevent, reduce, control, and mitigate 
        harmful algal blooms;
            (4) $5,500,000 may be used to carry out Federal and State 
        annual monitoring and analysis activities for harmful algal 
        blooms administered by the National Ocean Service of the 
        National Oceanic and Atmospheric Administration;
            (5) $5,000,000 may be used for activities related to 
        research and monitoring on hypoxia by the National Ocean 
        Service and the Office of Oceanic and Atmospheric Research of 
        the National Oceanic and Atmospheric Administration.

SEC. 606. AMENDMENT TO NATIONAL SEA GRANT COLLEGE PROGRAM ACT.

    Section 212(a) of the National Sea Grant College Program Act (33 
U.S.C. 1131(a)) is amended by striking paragraph (2)(C) and inserting 
the following:
                    ``(C) up to $3,000,000 may be made available for 
                competitive grants for university research, education, 
                training, and advisory services on Pfiesteria piscicida 
                and other harmful algal blooms.''.

SEC. 607. AMENDMENT TO THE COASTAL ZONE MANAGEMENT ACT.

    Section 318(a) of the Coastal Zone Management Act of 1972 (16 
U.S.C. 1464 (a)) is amended by adding at the end thereof the following:
            ``(3) up to $2,000,000 for fiscal years 1999 and 2000 for 
        technical assistance under section 310 to support State 
        implementation and analysis of the effectiveness of measures to 
        prevent, reduce, mitigate, or control harmful algal blooms and 
        hypoxia.''.

SEC. 608. PROTECTION OF STATES' RIGHTS.

    (a) Nothing in this title shall be interpreted to adversely affect 
existing State regulatory or enforcement power which has been granted 
to any State through the Clean Water Act or Coastal Zone Management Act 
of 1972.
    (b) Nothing in this title shall be interpreted to expand the 
regulatory or enforcement power of the Federal Government which has 
been delegated to any State through the Clean Water Act or Coastal Zone 
Management Act of 1972.

             TITLE VII--ADDITIONAL MISCELLANEOUS PROVISIONS

SEC. 701. APPLICABILITY OF AUTHORITY TO RELEASE RESTRICTIONS AND 
              ENCUMBRANCES.

    Section 315(c)(1) of the Federal Maritime Commission Authorization 
Act of 1990 (Public Law 101-595; 104 Stat. 2988) is amended--
            (1) by striking ``3 contiguous tracts'' and inserting ``4 
        tracts''; and
            (2) by striking ``Tract A'' and all that follows through 
        the end of the paragraph and inserting the following:

``Tract 1--Commencing at a point N45+ 28, 31" E 198.3 feet from point 
                            `A' as shown on plat of survey of `Boundary 
                            Agreement of CAFB' by D.W. Jessen and 
                            Associates, Civil Engineers, Lake Charles, 
                            Louisiana, dated August 7, 1973, and filed 
                            in Plat Book 23, at page 20, Records of 
                            Calcasieu Parish, Louisiana; thence S44+ 
                            29, 09" E 220 feet; thence N45+ 28, 31" E 
                            50 feet; thence N44+ 29, 09" W 220 feet; 
                            thence S45+ 28, 31" W 50 feet to the point 
                            of commencement and containing 11,000 
                            square feet (0.2525 acres).

``Tract 2--Commencing at a point N45+ 28, 31" E 198.3 feet from point 
                            `A' as shown on plat of survey of `Boundary 
                            Agreement of CAFB' by D.W. Jessen and 
                            Associates, Civil Engineers, Lake Charles, 
                            Louisiana, dated August 7, 1973, and filed 
                            in Plat Book 23, at page 20, Records of 
                            Calcasieu Parish, Louisiana; thence S44+ 
                            29, 09" E 169.3 feet; thence S45+ 28, 31" W 
                            75 feet; (Deed Call S45+ 30, 51" W 75 
                            feet), thence N44+ 29, 09" W 169.3 feet; 
                            thence N45+ 28, 31" E 75 feet to the point 
                            of commencement and containing 12,697 
                            square feet (0.2915 acres).

``Tract 3--Commencing at a point N45+ 28, 31" E 248.3 feet from point 
                            `A' as shown on plat of survey of `Boundary 
                            Agreement of CAFB' by D.W. Jessen and 
                            Associates, Civil Engineers, Lake Charles, 
                            Louisiana, dated August 7, 1973, and filed 
                            in Plat Book 23, at page 20, Records of 
                            Calcasieu Parish, Louisiana; thence S44+ 
                            29, 09" E 220 feet; thence N45+ 28, 31" E 
                            50 feet; thence N44+ 29, 09" W 220 feet; 
                            thence S45+ 28, 31" W 50 feet to the point 
                            of commencement and containing 11,000 
                            square feet (0.2525 acres).

``Tract 4--Commencing at a point N45+ 28, 31" E 123.3 feet and S44+ 29, 
                            09" E 169.3 feet from point `A' as shown on 
                            plat of survey of `Boundary Agreement of 
                            CAFB' by D.W. Jessen and Associates, Civil 
                            Engineers, Lake Charles, Louisiana, dated 
                            August 7, 1973, and filed in Plat Book 23, 
                            at page 20, Records of Calcasieu Parish, 
                            Louisiana; thence S44+ 29, 09" E 50.7 feet; 
                            thence N45+ 28, 31" E 75 feet; thence N44+ 
                            29, 09" W 50.7 feet; thence S45+ 28, 31" W 
                            75 feet (Deed Call S45+ 30, 51" W 75 feet) 
                            to the point of commencement and containing 
                            3,802 square feet (0.0873 acres).

``Composite Description--A tract of land lying in section 2, Township 
                            10 South--Range 8 West, Calcasieu Parish, 
                            Louisiana, and being mone [sic] 
                            particularly described as follows: Begin at 
                            a point N45+ 28, 31" E 123.3 feet from 
                            point `A' as shown on plat of survey of 
                            `Boundary Agreement of CAFB' by D.W. Jessen 
                            and Associates, Civil Engineers, Lake 
                            Charles, Louisiana, dated August 7, 1973, 
                            and filed in Plat Book 23, at page 20, 
                            Records of Calcasieu Parish, Louisiana; 
                            thence N45+ 28, 31" E 175.0 feet; thence 
                            S44+ 29, 09" E 220.0 feet; thence S45+ 28, 
                            31" W 175.0 feet; thence N44+ 29, 09" W 
                            220.0 feet to the point of beginning, 
                            containing 0.8035 acres.''.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                               H. R. 2204

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                               AMENDMENT

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