[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 820 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         July 27, 2000.
    Resolved, That the bill from the House of Representatives (H.R. 
820) entitled ``An Act to authorize appropriations for fiscal years 
2000 and 2001 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 of 
2000''.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization for 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, 
        $2,781,000,000, of which $300,000,000 shall be available for 
        defense-related activities and 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, $389,326,000, 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, such sums as may be necessary, 
        to remain available until expended.
            (5) For environmental compliance and restoration at Coast 
        Guard facilities (other than parts and equipment associated 
        with operations and maintenance), $17,000,000, to remain 
        available until expended.
            (6) 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, $15,000,000, to 
        remain available until expended.
    (b) Authorization for Fiscal Year 2001.--Funds are authorized to be 
appropriated for necessary expenses of the Coast Guard for fiscal year 
2001, as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $3,399,000,000, 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, $520,000,000, 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 $110,000,000 shall 
        be available for the construction and acquisition of a 
        replacement vessel for the Coast Guard Cutter MACKINAW.
            (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, $21,320,000, 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, such sums as may be necessary, 
        to remain available until expended.
            (5) For environmental compliance and restoration at Coast 
        Guard facilities (other than parts and equipment associated 
        with operations and maintenance), $16,700,000, to remain 
        available until expended.
            (6) 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, $15,500,000, to 
        remain available until expended.
    (c) Authorization for Fiscal Year 2002.--Funds are authorized to be 
appropriated for necessary expenses of the Coast Guard for fiscal year 
2002 as such sums as may be necessary, of which $8,000,000 shall be 
available for construction or acquisition of a replacement vessel for 
the Coast Guard Cutter MACKINAW.

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

    (a) End-of-Year Strength for Fiscal Year 2000.--The Coast Guard is 
authorized an end-of-year strength for active duty personnel of 40,000 
as of September 30, 2000.
    (b) Training Student Loads for Fiscal Year 2000.--For fiscal year 
2000, the Coast Guard is authorized average military training student 
loads as follows:
            (1) For recruit and special training, 1,500 student years.
            (2) For flight training, 100 student years.
            (3) For professional training in military and civilian 
        institutions, 300 student years.
            (4) For officer acquisition, 1,000 student years.
    (c) End-of-Year Strength for Fiscal Year 2001.--The Coast Guard is 
authorized an end-of-year strength for active duty personnel of 44,000 
as of September 30, 2001.
    (d) Training Student Loads for Fiscal Year 2001.--For fiscal year 
2001, the Coast Guard is authorized average military training student 
loads as follows:
            (1) For recruit and special training, 1,500 student years.
            (2) For flight training, 125 student years.
            (3) For professional training in military and civilian 
        institutions, 300 student years.
            (4) For officer acquisition, 1,000 student years.
    (e) End-of-the-Year Strength for Fiscal Year 2002.--The Coast Guard 
is authorized an end-of-year strength of active duty personnel of 
45,500 as of September 30, 2002.
    (f) Training Student Loads for Fiscal Year 2002.--For fiscal year 
2002, the Coast Guard is authorized average military training student 
loads as follows:
            (1) For recruit and special training, 1,500 student years.
            (2) For flight training, 125 student years.
            (3) For professional training in military and civilian 
        institutions, 300 student years.
            (4) For officer acquisition, 1,000 student years.

SEC. 103. LORAN-C.

    (a) Fiscal Year 2001.--There are authorized to be appropriated to 
the Department of Transportation, in addition to funds authorized for 
the Coast Guard for operation of the LORAN-C system, for capital 
expenses related to LORAN-C navigation infrastructure, $20,000,000 for 
fiscal year 2001. 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) Fiscal Year 2002.--There are authorized to be appropriated to 
the Department of Transportation, in addition to funds authorized for 
the Coast Guard for operation of the LORAN-C system, for capital 
expenses related to LORAN-C navigation infrastructure, $40,000,000 for 
fiscal year 2002. 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.

SEC. 104. PATROL CRAFT.

    (a) Transfer of Craft From DOD.--Notwithstanding any other 
provision of law, the Secretary of Transportation may accept, by direct 
transfer without cost, for use by the Coast Guard primarily for 
expanded drug interdiction activities required to meet national supply 
reduction performance goals, up to 7 PC-170 patrol craft from the 
Department of Defense if it offers to transfer such craft.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Coast Guard, in addition to amounts otherwise 
authorized by this Act, up to $100,000,000, to remain available until 
expended, for the conversion of, operation and maintenance of, 
personnel to operate and support, and shoreside infrastructure 
requirements for, up to 7 patrol craft.

SEC. 105. CARIBBEAN SUPPORT TENDER.

    The Coast Guard is authorized to operate and maintain a Caribbean 
Support Tender (or similar type vessel) to provide technical 
assistance, including law enforcement training, for foreign coast 
guards, navies, and other maritime services.

                     TITLE II--PERSONNEL MANAGEMENT

SEC. 201. COAST GUARD BAND DIRECTOR RANK.

    Section 336(d) of title 14, United States Code, is amended by 
striking ``commander'' and inserting ``captain''.

SEC. 202. COAST GUARD MEMBERSHIP ON THE USO BOARD OF GOVERNORS.

    Section 200104(a)(2) of title 36, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) the Secretary of Transportation, or the 
                Secretary's designee, when the Coast Guard is not 
                operating under the Department of the Navy; and''.

SEC. 203. COMPENSATORY ABSENCE FOR ISOLATED DUTY.

    (a) In General.--Section 511 of title 14, United States Code, is 
amended to read as follows:
``Sec. 511. Compensatory absence from duty for military personnel at 
              isolated duty stations
    ``The Secretary may prescribe regulations to grant compensatory 
absence from duty to military personnel of the Coast Guard serving at 
isolated duty stations of the Coast Guard when conditions of duty 
result in confinement because of isolation or in long periods of 
continuous duty.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 13 of 
title 14, United States Code, is amended by striking the item relating 
to section 511 and inserting the following:

``511. Compensatory absence from duty for military personnel at 
                            isolated duty stations.''.

SEC. 204. ACCELERATED PROMOTION OF CERTAIN COAST GUARD OFFICERS.

    Title 14, United States Code, is amended--
            (1) in section 259, by adding at the end a new subsection 
        (c) to read as follows:
    ``(c) After selecting the officers to be recommended for promotion, 
a selection board may recommend officers of particular merit, from 
among those officers chosen for promotion, to be placed at the top of 
the list of selectees promulgated by the Secretary under section 271(a) 
of this title. The number of officers that a board may recommend to be 
placed at the top of the list of selectees may not exceed the 
percentages set forth in subsection (b) unless such a percentage is a 
number less than one, in which case the board may recommend one officer 
for such placement. No officer may be recommended to be placed at the 
top of the list of selectees unless he or she receives the 
recommendation of at least a majority of the members of a board 
composed of five members, or at least two-thirds of the members of a 
board composed of more than five members.'';
            (2) in section 260(a), by inserting ``and the names of 
        those officers recommended to be advanced to the top of the 
        list of selectees established by the Secretary under section 
        271(a) of this title'' after ``promotion''; and
            (3) in section 271(a), by inserting at the end thereof the 
        following: ``The names of all officers approved by the 
        President and recommended by the board to be placed at the top 
        of the list of selectees shall be placed at the top of the list 
        of selectees in the order of seniority on the active duty 
        promotion list.''.

SEC. 205. COAST GUARD ACADEMY BOARD OF TRUSTEES.

    (a) In General.--Section 193 of title 14, United States Code, is 
amended to read as follows:
``Sec. 193. Board of Trustees.
    ``(a) Establishment.--The Commandant of the Coast Guard may 
establish a Coast Guard Academy Board of Trustees to provide advice to 
the Commandant and the Superintendent on matters relating to the 
operation of the Academy and its programs.
    ``(b) Membership.--The Commandant shall appoint the members of the 
Board of Trustees, which may include persons of distinction in 
education and other fields related to the missions and operation of the 
Academy. The Commandant shall appoint a chairperson from among the 
members of the Board of Trustees.
    ``(c) Expenses.--Members of the Board of Trustees who are not 
Federal employees shall be allowed travel expenses while away from 
their homes or regular places of business in the performance of service 
for the Board of Trustees. Travel expenses include per diem in lieu of 
subsistence in the same manner as persons employed intermittently in 
the Government service are allowed expenses under section 5703 of title 
5.
    ``(d) FACA Not To Apply.-- The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Board of Trustees established 
pursuant to this section.''.
    (b) Conforming Amendments.--(1) Section 194(a) of title 14, United 
States Code, is amended by striking ``Advisory Committee'' and 
inserting ``Board of Trustees''.
    (2) The chapter analysis for chapter 9 of title 14, United States 
Code, is amended by striking the item relating to section 193, and 
inserting the following:

``193. Board of Trustees.''.

SEC. 206. SPECIAL PAY FOR PHYSICIAN ASSISTANTS.

    Section 302c(d)(1) of title 37, United States Code, is amended by 
inserting ``an officer in the Coast Guard or Coast Guard Reserve 
designated as a physician assistant,'' after ``nurse,''.

SEC. 207. SUSPENSION OF RETIRED PAY OF COAST GUARD MEMBERS WHO ARE 
              ABSENT FROM THE UNITED STATES TO AVOID PROSECUTION.

    Procedures promulgated by the Secretary of Defense under section 
633(a) of the National Defense Authorization Act for Fiscal Year 1997 
(Pub. L. 104-201) shall apply to the Coast Guard. The Commandant of the 
Coast Guard shall be considered a Secretary of a military department 
for purposes of suspending pay under section 633 of that Act.

SEC. 208. EXTENSION OF COAST GUARD HOUSING AUTHORITIES.

    Section 689 of title 14, United States Code, is amended by striking 
``2001.'' and inserting ``2006.''.

                        TITLE III--MARINE SAFETY

SEC. 301. EXTENSION OF TERRITORIAL SEA FOR VESSEL BRIDGE-TO-BRIDGE 
              RADIOTELEPHONE ACT.

    Section 4(b) of the Vessel Bridge-to-Bridge Radiotelephone Act (33 
U.S.C. 1203(b)), is amended by striking ``United States inside the 
lines established pursuant to section 2 of the Act of February 19, 1895 
(28 Stat. 672), as amended.'' and inserting ``United States, which 
includes all waters of the territorial sea of the United States as 
described in Presidential Proclamation 5928 of December 27, 1988.''.

SEC. 302. ICEBREAKING SERVICES.

    The Commandant of the Coast Guard shall not plan, implement or 
finalize any regulation or take any other action which would result in 
the decommissioning of any WYTL-class harbor tugs unless and until the 
Commandant certifies in writing to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Transportation 
and Infrastructure of the House, that sufficient replacement assets 
have been procured by the Coast Guard to remediate any degradation in 
current icebreaking services that would be caused by such 
decommissioning.

SEC. 303. OIL SPILL LIABILITY TRUST FUND ANNUAL REPORT.

    (a) In General.--The report regarding the Oil Spill Liability Trust 
Fund required by the Conference Report (House Report 101-892) 
accompanying the Department of Transportation and Related Agencies 
Appropriations Act, 1991, as that requirement was amended by section 
1122 of the Federal Reports Elimination and Sunset Act of 1995 (26 
U.S.C. 9509 note), shall no longer be submitted to Congress.
    (b) Repeal.--Section 1122 of the Federal Reports Elimination and 
Sunset Act of 1995 (26 U.S.C. 9509 note) is amended by--
            (1) striking subsection (a); and
            (2) striking ``(b) Report on Joint Federal and State Motor 
        Fuel Tax Compliance Project.--''.

SEC. 304. OIL SPILL LIABILITY TRUST FUND; EMERGENCY FUND BORROWING 
              AUTHORITY.

    Section 6002(b) of the Oil Pollution Act of 1990 (33 U.S.C. 
2752(b)) is amended after the first sentence by inserting ``To the 
extent that such amount is not adequate for removal of a discharge or 
the mitigation or prevention of a substantial threat of a discharge, 
the Coast Guard may borrow from the Fund such sums as may be necessary, 
up to a maximum of $100,000,000, and within 30 days shall notify 
Congress of the amount borrowed and the facts and circumstances 
necessitating the loan. Amounts borrowed shall be repaid to the Fund 
when, and to the extent that removal costs are recovered by the Coast 
Guard from responsible parties for the discharge or substantial threat 
of discharge.''.

SEC. 305. MERCHANT MARINER DOCUMENTATION REQUIREMENTS.

    (a) Interim Merchant Mariners' Documents.--Section 7302 of title 
46, United States Code, is amended--
            (1) by striking ``A'' in subsection (f) and inserting 
        ``Except as provided in subsection (g), a''; and
            (2) by adding at the end the following:
    ``(g)(1) The Secretary may, pending receipt and review of 
information required under subsections (c) and (d), immediately issue 
an interim merchant mariner's document valid for a period not to exceed 
120 days, to--
            ``(A) an individual to be employed as gaming personnel, 
        entertainment personnel, wait staff, or other service personnel 
        on board a passenger vessel not engaged in foreign service, 
        with no duties, including emergency duties, related to the 
        navigation of the vessel or the safety of the vessel, its crew, 
        cargo or passengers; or
            ``(B) an individual seeking renewal of, or qualifying for a 
        supplemental endorsement to, a valid merchant mariner's 
        document issued under this section.
    ``(2) No more than one interim document may be issued to an 
individual under paragraph (1)(A) of this subsection.''.
    (b) Exception.--Section 8701(a) of title 46, United States Code, is 
amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (8);
            (2) by redesignating paragraph (9) as paragraph (10); and
            (3) by inserting after paragraph (8) the following:
            ``(9) a passenger vessel not engaged in a foreign voyage 
        with respect to individuals on board employed for a period of 
        not more than 30 service days within a 12 month period as 
        entertainment personnel, with no duties, including emergency 
        duties, related to the navigation of the vessel or the safety 
        of the vessel, its crew, cargo or passengers; and''.

SEC. 306. PENALTIES FOR NEGLIGENT OPERATIONS AND INTERFERING WITH SAFE 
              OPERATION.

    Section 2302(a) of title 46, United States Code, is amended by 
striking ``$1,000.'' and inserting ``$25,000.''.

SECTION 307. AMENDMENT OF DEATH ON THE HIGH SEAS ACT.

    (a) Right of Action.--The first section of the Act of March 30, 
1920 (46 U.S.C. App. 761(b); popularly known as the ``Death on the High 
Seas Act'') is amended--
            (1) by striking ``accident'' in subsection (b) and 
        inserting ``accident, or an accident involving a passenger on a 
        vessel other than a recreational vessel or an individual on a 
        recreational vessel (other than a member of the crew engaged in 
        the business of the recreational vessel who has not contributed 
        consideration for carriage and who is paid for on-board 
        services),''; and
            (2) by adding at the end the following:
    ``(c) Passenger; Recreation Vessel.--In this section:
            ``(1) Passenger.--The term `passenger' has the meaning 
        given that term by section 2101(21) of title 46, United States 
        Code.
            ``(2) Recreational vessel.--The term `recreational vessel' 
        has the meaning given that term by section 2101(25) of title 
        46, United States Code.''.
    (b) Amount and Apportionment of Recovery.--Section 2(b) of that Act 
(46 U.S.C. App. 762(b)) is amended--
            (1) by striking ``accident'' in paragraph (1) and inserting 
        ``accident, or an accident involving a passenger on a vessel 
        other than a recreational vessel or an individual on a 
        recreational vessel (other than a member of the crew engaged in 
        the business of the recreational vessel who has not contributed 
        consideration for carriage and who is paid for on-board 
        services),''; and
            (2) by striking ``companionship.'' in paragraph (2) and 
        inserting ``companionship, and the terms `passenger' and 
        `recreational vessel' have the meaning given them by paragraphs 
        (21) and (25), respectively, of section 2101 of title 46, 
        United States Code.''.
    (c) Effective Date.--The amendments made by this section apply to 
any death after November 22, 1995.

                  TITLE IV--RENEWAL OF ADVISORY GROUPS

SEC. 401. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMITTEE.

    (a) Commercial Fishing Industry Vessel Advisory Committee.--Section 
4508 of title 46, United States Code, is amended--
            (1) by inserting ``Safety'' in the heading after 
        ``Vessel'';
            (2) by inserting ``Safety'' in subsection (a) after 
        ``Vessel'';
            (3) by striking ``Secretary'' in subsection (a)(1) and 
        inserting ``Secretary, through the Commandant of the Coast 
        Guard,'';
            (4) by striking ``Secretary'' in subsection (a)(4) and 
        inserting ``Commandant'';
            (5) by striking the last sentence in subsection (b)(5);
            (6) by striking ``Committee'' in subsection (c)(1) and 
        inserting ``Committee, through the Commandant,'';
            (7) by striking ``shall'' in subsection (c)(2) and 
        inserting ``shall, through the Commandant,''; and
            (8) by striking ``(5 U.S.C App. 1 et seq.)'' in subsection 
        (e)(1)(I) and inserting ``(5 U.S.C. App.)''; and
            (9) by striking ``of September 30, 2000'' and inserting 
        ``on September 30, 2005''.
    (b) Conforming Amendment.--The chapter analysis for chapter 45 of 
title 46, United States Code, is amended by striking the item relating 
to section 4508 and inserting the following:

``4508. Commercial Fishing Industry Vessel Safety Advisory 
                            Committee.''.

SEC. 402. HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE.

    Section 18 of the Coast Guard Authorization Act of 1991 is 
amended--
            (1) by striking ``operating (hereinafter in this part 
        referred to as the `Secretary')'' in the second sentence of 
        subsection (a)(1) and inserting ``operating, through the 
        Commandant of the Coast Guard,'';
            (2) by striking ``Committee'' in the third sentence of 
        subsection (a)(1) and inserting ``Committee, through the 
        Commandant,'';
            (3) by striking ``Secretary,'' in the second sentence of 
        subsection (a)(2) and inserting ``Commandant,''; and
            (4) by striking ``September 30, 2000.'' in subsection (h) 
        and inserting ``September 30, 2005.''.

SEC. 403. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE.

    Section 19 of the Coast Guard Authorization Act of 1991 (Public Law 
102-241) is amended--
            (1) by striking ``operating (hereinafter in this part 
        referred to as the `Secretary')'' in the second sentence of 
        subsection (a)(1) and inserting ``operating, through the 
        Commandant of the Coast Guard,'';
            (2) by striking ``Committee'' in the third sentence of 
        subsection (a)(1) and inserting ``Committee, through the 
        Commandant,''; and
            (3) by striking ``September 30, 2000'' in subsection (g) 
        and inserting ``September 30, 2005''.

SEC. 404. GREAT LAKES PILOTAGE ADVISORY COMMITTEE

    Section 9307 of title 46, United States Code, is amended--
            (1) by striking ``Secretary'' in subsection (a)(1) and 
        inserting ``Secretary, through the Commandant of the Coast 
        Guard,'';
            (2) by striking ``Secretary,'' in subsection (a)(4)(A) and 
        inserting ``Commandant,'';
            (3) by striking the last sentence of subsection (c)(2);
            (4) by striking ``Committee'' in subsection (d)(1) and 
        inserting ``Committee, through the Commandant,'';
            (5) by striking ``Secretary'' in subsection (d)(2) and 
        inserting ``Secretary, through the Commandant,''; and
            (6) by striking ``September 30, 2003.'' in subsection 
        (f)(1) and inserting ``September 30, 2005.''.

SEC. 405. NAVIGATION SAFETY ADVISORY COUNCIL

    Section 5 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 
2073) is amended--
            (1) by striking ``Secretary'' in the first sentence of 
        subsection (b) and inserting ``Secretary, through the 
        Commandant of the Coast Guard,'';
            (2) by striking ``Secretary'' in the third sentence of 
        subsection (b) and inserting ``Commandant''; and
            (3) by striking ``September 30, 2000'' in subsection (d) 
        and inserting ``September 30, 2005''.

SEC. 406. NATIONAL BOATING SAFETY ADVISORY COUNCIL.

    Section 13110 of title 46, United States Code, is amended--
            (1) by striking ``consult'' in subsection (c) and inserting 
        ``consult, through the Commandant of the Coast Guard,''; and
            (2) by striking ``September 30, 2000'' in subsection (e) 
        and inserting ``September 30, 2005''.

SEC. 407. TOWING SAFETY ADVISORY COMMITTEE.

    The Act entitled ``An Act to Establish a Towing Safety Advisory 
Committee in the Department of Transportation'' (33 U.S.C. 1231a) is 
amended--
            (1) by striking ``Secretary'' in the second sentence of 
        subsection (b) and inserting ``Secretary, through the 
        Commandant of the Coast Guard'';
            (2) by striking ``Secretary'' in the first sentence of 
        subsection (c) and inserting ``Secretary, through the 
        Commandant,'';
            (3) by striking ``Committee'' in the third sentence of 
        subsection (c) and inserting ``Committee, through the 
        Commandant,'';
            (4) by striking ``Secretary,'' in the fourth sentence of 
        subsection (c) and inserting ``Commandant,''; and
            (5) by striking ``September 30, 2000.'' in subsection (e) 
        and inserting ``September 30, 2005.''.

                         TITLE V--MISCELLANEOUS

SEC. 501. COAST GUARD REPORT ON IMPLEMENTATION OF NTSB RECOMMENDATIONS.

    The Commandant of the United States Coast Guard shall submit a 
written report to the Committee on Commerce, Science, and 
Transportation within 90 days after the date of enactment of this Act 
on what actions the Coast Guard has taken to implement the 
recommendations of the National Transportation Safety Board in its 
Report No. MAR-99-01. The report--
            (1) shall describe in detail, by geographic region--
                    (A) what steps the Coast Guard is taking to fill 
                gaps in its communications coverage;
                    (B) what progress the Coast Guard has made in 
                installing direction-finding systems; and
                    (C) what progress the Coast Guard has made toward 
                completing its national distress and response system 
                modernization project; and
            (2) include an assessment of the safety benefits that might 
        reasonably be expected to result from increased or accelerated 
        funding for--
                    (A) measures described in paragraph (1)(A); and
                    (B) the national distress and response system 
                modernization project.

SEC. 502. CONVEYANCE OF COAST GUARD PROPERTY IN PORTLAND, MAINE.

    (a) Authority To Convey.--
            (1) In general.--The Administrator of the General Services 
        Administration may convey to the Gulf of Maine Aquarium 
        Development Corporation, its successors and assigns, without 
        payment for consideration, all right, title, and interest of 
        the United States of America in and to approximately 4.13 acres 
        of land, including a pier and bulkhead, known as the Naval 
        Reserve Pier property, together with any improvements thereon 
        in their then current condition, located in Portland, Maine. 
        All conditions placed with the deed of title shall be construed 
        as covenants running with the land. Since the Federal agency 
        actions necessary to effectuate the transfer of the Naval 
        Reserve Pier property will further the objectives of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) and the National Historic Preservation Act of 1966 (16 
        U.S.C. 470 et seq.), requirements applicable to agency actions 
        under these and other environmental planning laws are 
        unnecessary and shall not be required. The provisions of the 
        Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et 
        seq.) shall not apply to any building or property at the Naval 
        Reserve Pier property.
            (2) Identification of property.--The Administrator, in 
        consultation with the Commandant of the Coast Guard, may 
        identify, describe, and determine the property to be conveyed 
        under this section. The floating docks associated with or 
        attached to the Naval Reserve Pier property shall remain the 
        personal property of the United States.
    (b) Lease to the United States.--(1) The Naval Reserve Pier 
property shall not be conveyed until the Corporation enters into a 
lease agreement with the United States, the terms of which are mutually 
satisfactory to the Commandant and the Corporation, in which the 
Corporation shall lease a portion of the Naval Reserve Pier property to 
the United States for a term of 30 years without payment of 
consideration. The lease agreement shall be executed within 12 months 
after the date of enactment of this Act.
    (2) The Administrator, in consultation with the Commandant, may 
identify and describe the Leased Premises and rights of access 
including, but not limited to, those listed below, in order to allow 
the United States Coast Guard to operate and perform missions, from and 
upon the Leased Premises--
            (A) the right of ingress and egress over the Naval Reserve 
        Pier property, including the pier and bulkhead, at any time, 
        without notice, for purposes of access to United States Coast 
        Guard vessels and performance of United States Coast Guard 
        missions and other mission-related activities;
            (B) the right to berth United States Coast Guard cutters or 
        other vessels as required, in the moorings along the east side 
        of the Naval Reserve Pier property, and the right to attach 
        floating docks which shall be owned and maintained at the 
        United States sole cost and expense;
            (C) the right to operate, maintain, remove, relocate, or 
        replace an aid to navigation located upon, or to install any 
        aid to navigation upon, the Naval Reserve Pier property as the 
        Coast Guard, in its sole discretion, may determine is needed 
        for navigational purposes;
            (D) the right to occupy up to 3,000 gross square feet at 
        the Naval Reserve Pier property for storage and office space, 
        which will be provided and constructed by the Corporation, at 
        the Corporation's sole cost and expense, and which will be 
        maintained, and utilities and other operating expenses paid 
        for, by the United States at its sole cost and expense;
             (E) the right to occupy up to 1,200 gross square feet of 
        offsite storage in a location other than the Naval Reserve Pier 
        property, which will be provided by the Corporation at the 
        Corporation's sole cost and expense, and which will be 
        maintained, and utilities and other operating expenses paid 
        for, by the United States at its sole cost and expense; and
            (F) the right for United States Coast Guard personnel to 
        park up to 60 vehicles, at no expense to the government, in the 
        Corporation's parking spaces on the Naval Reserve Pier property 
        or in parking spaces that the Corporation may secure within 
        1,000 feet of the Naval Reserve Pier property or within 1,000 
        feet of the Coast Guard Marine Safety Office Portland. Spaces 
        for no less than 30 vehicles shall be located on the Naval 
        Reserve Pier property.
    (3) The lease described in paragraph (1) may be renewed, at the 
sole option of the United States, for additional lease terms.
    (4) The United States may not sublease the Leased Premises to a 
third party or use the Leased Premises for purposes other than 
fulfilling the missions of the United States Coast Guard and for other 
mission related activities.
    (5) In the event that the United States Coast Guard ceases to use 
the Leased Premises, the Administrator, in consultation with the 
Commandant, may terminate the lease with the Corporation.
    (c) Improvement of Leased Premises.--(1) The Naval Reserve Pier 
property shall not be conveyed until the Corporation enters into an 
agreement with the United States, subject to the Commandant's design 
specifications, project's schedule, and final project approval, to 
replace the bulkhead and pier which connects to, and provides access 
from, the bulkhead to the floating docks, at the Corporation's sole 
cost and expense, on the east side of the Naval Reserve Pier property 
within 30 months from the date of conveyance. The agreement to improve 
the Leased Premises shall be executed within 12 months after the date 
of enactment of this Act.
    (2) In addition to the improvements described in paragraph (1), the 
Commandant is authorized to further improve the Leased Premises during 
the lease term, at the United States sole cost and expense.
    (d) Utility Installation and Maintenance Obligations.--(1) The 
Naval Reserve Pier property shall not be conveyed until the Corporation 
enters into an agreement with the United States to allow the Unites 
States to operate and maintain existing utility lines and related 
equipment, at the United States sole cost and expense. At such time as 
the Corporation constructs its proposed public aquarium, the 
Corporation shall replace existing utility lines and related equipment 
and provide additional utility lines and equipment capable of 
supporting a third 110-foot Coast Guard cutter, with comparable, new, 
code compliant utility lines and equipment at the Corporation's sole 
cost and expense, maintain such utility lines and related equipment 
from an agreed upon demarcation point, and make such utility lines and 
equipment available for use by the United States, provided that the 
United States pays for its use of utilities at its sole cost and 
expense. The agreement concerning the operation and maintenance of 
utility lines and equipment shall be executed within 12 months after 
the date of enactment of this Act.
    (2) The Naval Reserve Pier property shall not be conveyed until the 
Corporation enters into an agreement with the United States to 
maintain, at the Corporation's sole cost and expense, the bulkhead and 
pier on the east side of the Naval Reserve Pier property. The agreement 
concerning the maintenance of the bulkhead and pier shall be executed 
within 12 months after the date of enactment of this Act.
    (3) The United States shall be required to maintain, at its sole 
cost and expense, any Coast Guard active aid to navigation located upon 
the Naval Reserve Pier property.
    (e) Additional Rights.--The conveyance of the Naval Reserve Pier 
property shall be made subject to conditions the Administrator or the 
Commandant consider necessary to ensure that--
            (1) the Corporation shall not interfere or allow 
        interference, in any manner, with use of the Leased Premises by 
        the United States; and
            (2) the Corporation shall not interfere or allow 
        interference, in any manner, with any aid to navigation nor 
        hinder activities required for the operation and maintenance of 
        any aid to navigation, without the express written permission 
        of the head of the agency responsible for operating and 
        maintaining the aid to navigation.
    (f) Remedies and Reversionary Interest.--The Naval Reserve Pier 
property, at the option of the Administrator, shall revert to the 
United States and be placed under the administrative control of the 
Administrator, if, and only if, the Corporation fails to abide by any 
of the terms of this section or any agreement entered into under 
subsection (b), (c), or (d) of this section.
    (g) Liability of the Parties.--The liability of the United States 
and the Corporation for any injury, death, or damage to or loss of 
property occurring on the leased property shall be determined with 
reference to existing State or Federal law, as appropriate, and any 
such liability may not be modified or enlarged by this Act or any 
agreement of the parties.
    (h) Expiration of Authority To Convey.--The authority to convey the 
Naval Reserve property under this section shall expire 3 years after 
the date of enactment of this Act.
    (i) Definitions.--In this section:
            (1) Aid to navigation.--The term ``aid to navigation'' 
        means equipment used for navigational purposes, including but 
        not limited to, a light, antenna, sound signal, electronic 
        navigation equipment, cameras, sensors power source, or other 
        related equipment which are operated or maintained by the 
        United States.
            (2) Corporation.--The term ``Corporation'' means the Gulf 
        of Maine Aquarium Development Corporation, its successors and 
        assigns.

SEC. 503. TRANSFER OF COAST GUARD STATION SCITUATE TO THE NATIONAL 
              OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    (a) Authority To Transfer.--
            (1) In general.--The Administrator of the General Services 
        Administration (Administrator), in consultation with the 
        Commandant, United States Coast Guard, may transfer, without 
        consideration, administrative jurisdiction, custody and control 
        over the Federal property, known as Coast Guard Station 
        Scituate, to the National Oceanic and Atmospheric 
        Administration (NOAA). Since the Federal agency actions 
        necessary to effectuate the administrative transfer of the 
        property will further the objectives of the National 
        Environmental Policy Act of 1969, Public Law 91-190 (42 U.S.C. 
        4321 et seq.) and the National Historic Preservation Act of 
        1966, Public Law 89-665 (16 U.S.C. 470 et seq.), procedures 
        applicable to agency actions under these laws are unnecessary 
        and shall not be required. Similarly, the Federal agency 
        actions necessary to effectuate the transfer of the property 
        will not be subject to the Stewart B. McKinney Homeless 
        Assistance Act, Public Law 100-77 (42 U.S.C. 11301 et seq.).
            (2) Identification of property.--The Administrator, in 
        consultation with the Commandant, may identify, describe, and 
        determine the property to be transferred under this subsection.
    (b) Terms of Transfer.--The transfer of the property shall be made 
subject to any conditions and reservations the Administrator and the 
Commandant consider necessary to ensure that--
            (1) the transfer of the property to NOAA is contingent upon 
        the relocation of Coast Guard Station Scituate to a suitable 
        site;
            (2) there is reserved to the Coast Guard the right to 
        remove, relocate, or replace any aid to navigation located 
        upon, or install any aid to navigation upon, the property 
        transferred under this section as may be necessary for 
        navigational purposes; and
            (3) the Coast Guard shall have the right to enter the 
        property transferred under this section at any time, without 
        notice, for purposes of operating, maintaining, and inspecting 
        any aid to navigation. The transfer of the property shall be 
        made subject to the review and acceptance of the property by 
        NOAA.
    (c) Relocation of Station Scituate.--The Coast Guard may lease 
land, including unimproved or vacant land, for a term not to exceed 20 
years, for the purpose of relocating Coast Guard Station Scituate. The 
Coast Guard may improve the land leased under paragraph (1) of this 
subsection.

SEC. 504. HARBOR SAFETY COMMITTEES.

    (a) Study.--The Coast Guard shall study existing harbor safety 
committees in the United States to identify--
            (1) strategies for gaining successful cooperation among the 
        various groups having an interest in the local port or 
        waterway;
            (2) organizational models that can be applied to new or 
        existing harbor safety committees or to prototype harbor safety 
        committees established under subsection (b);
            (3) technological assistance that will help harbor safety 
        committees overcome local impediments to safety, mobility, 
        environmental protection, and port security; and
            (4) recurring resources necessary to ensure the success of 
        harbor safety committees.
    (b) Prototype Committees.--The Coast Guard shall test the 
feasibility of expanding the harbor safety committee concept to small 
and medium-sized ports that are not generally served by a harbor safety 
committee by establishing 1 or more prototype harbor safety committees. 
In selecting a location or locations for the establishment of a 
prototype harbor safety committee, the Coast Guard shall--
            (1) consider the results of the study conducted under 
        subsection (a);
            (2) consider identified safety issues for a particular 
        port;
            (3) compare the potential benefits of establishing such a 
        committee with the burdens the establishment of such a 
        committee would impose on participating agencies and 
        organizations;
            (4) consider the anticipated level of support from 
        interested parties; and
            (5) take into account such other factors as may be 
        appropriate.
    (c) Effect on Existing Programs and State Law.--Nothing in this 
section--
            (1) limits the scope or activities of harbor safety 
        committees in existence on the date of enactment of this Act;
            (2) precludes the establishment of new harbor safety 
        committees in locations not selected for the establishment of a 
        prototype committee under subsection (b); or
            (3) preempts State law.
    (d) Nonapplication of FACA.--The Federal Advisory Committee Act (5 
U.S.C. App.) does not apply to harbor safety committees established 
under this section or any other provision of law.
    (e) Harbor Safety Committee Defined.--In this section, the term 
``harbor safety committee'' means a local coordinating body--
            (1) whose responsibilities include recommending actions to 
        improve the safety of a port or waterway; and
            (2) the membership of which includes representatives of 
        government agencies, maritime labor and industry organizations, 
        environmental groups, and public interest groups.

SEC. 505. EXTENSION OF INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE 
              DISPOSAL.

    Section 415(b)(2) of the Coast Guard Authorization Act of 1998 is 
amended by striking ``2002.'' and inserting ``2003.''.

SEC. 506. LIGHTHOUSE CONVEYANCE.

    Nothwithstanding any other provision of law, the conveyance 
authorized by section 416(a)(1)(H) of Public Law 105-383 shall take 
place within 3 months after the date of enactment of this Act. 
Notwithstanding the previous sentence, the conveyance shall be subject 
to subsections (a)(2), (a)(3), (b), and (c) of section 416 of Public 
Law 105-383.

SEC. 507. FORMER COAST GUARD PROPERTY IN TRAVERSE CITY, MICHIGAN.

    Notwithstanding any other provision of law, and subject to the 
availability of funds appropriated specifically for the project, the 
Coast Guard is authorized to transfer funds in an amount not to exceed 
$200,000 and project management authority to the Traverse City Area 
Public School District for the purposes of demolition and removal of 
the structure commonly known as ``Building 402'' at former Coast Guard 
property located in Traverse City, Michigan, and associated site work. 
No such funds shall be transferred until the Coast Guard receives a 
detailed, fixed price estimate from the School District describing the 
nature and cost of the work to be performed, and the Coast Guard shall 
transfer only that amount of funds it and the School District consider 
necessary to complete the project.

SEC. 508. CONVEYANCE OF COAST GUARD PROPERTY IN MIDDLETOWN, CALIFORNIA.

    (a) Authority To Convey.--
            (1) In general.--The Administrator of General Services (in 
        this section referred to as the ``Administrator'') shall 
        promptly convey to Lake County, California (in this section 
        referred to as the ``County''), without consideration, all 
        right, title, and interest of the United States (subject to 
        subsection (c)) in and to the property described in subsection 
        (b).
            (2) Identification of property.--The Administrator, in 
        consultation with the Commandant of the Coast Guard, may 
        identify, describe, and determine the property to be conveyed 
        under this section.
    (b) Property Described.--
            (1) In general.--The property referred to in subsection (a) 
        is such portion of the Coast Guard Loran Station Middletown as 
        has been reported to the General Services Administration to be 
        excess property, consisting of approximately 733.43 acres, and 
        is comprised of all or part of tracts A-101, A-102, A-104, A-
        105, A-106, A-107, A-108, and A-111.
            (2) Survey.--The exact acreage and legal description of the 
        property conveyed under subsection (a), and any easements or 
        rights-of-way reserved by the United States under subsection 
        (c)(1), shall be determined by a survey satisfactory to the 
        Administrator. The cost of the survey shall be borne by the 
        County.
    (c) Conditions.--
            (1) In general.--In making the conveyance under subsection 
        (a), the Administrator shall--
                    (A) reserve for the United States such existing 
                rights-of-way for access and such easements as are 
                necessary for continued operation of the loran station;
                    (B) preserve other existing easements for public 
                roads and highways, public utilities, irrigation 
                ditches, railroads, and pipelines; and
                    (C) impose such other restrictions on use of the 
                property conveyed as are necessary to protect the 
                continued operation of the loran station.
            (2) Firebreaks and fence.--(A) The Administrator may not 
        convey any property under this section unless the County and 
        the Commandant of the Coast Guard enter into an agreement with 
        the Administrator under which the County is required, in 
        accordance with design specifications and maintenance standards 
        established by the Commandant--
                    (i) to establish and construct within 6 months 
                after the date of the conveyance, and thereafter to 
                maintain, firebreaks on the property to be conveyed; 
                and
                    (ii) construct within 6 months after the date of 
                conveyance, and thereafter maintain, a fence approved 
                by the Commandant along the property line between the 
                property conveyed and adjoining Coast Guard property.
            (B) The agreement shall require that--
                    (i) the County shall pay all costs of 
                establishment, construction, and maintenance of 
                firebreaks under subparagraph (A)(i); and
                    (ii) the Commandant shall provide all materials 
                needed to construct a fence under subparagraph (A)(ii), 
                and the County shall pay all other costs of 
                construction and maintenance of the fence.
            (3) Covenants appurtenant.--The Administrator shall take 
        actions necessary to render the requirement to establish, 
        construct, and maintain firebreaks and a fence under paragraph 
        (2) and other requirements and conditions under paragraph (1), 
        under the deed conveying the property to the County, covenants 
        that run with the land for the benefit of land retained by the 
        United States.
    (d) Reversionary Interest.--The real property conveyed pursuant to 
this section, at the option of the Administrator, shall revert to the 
United States and be placed under the administrative control of the 
Administrator, if--
            (1) the County sells, conveys, assigns, exchanges, or 
        encumbers the property conveyed or any part thereof;
            (2) the County fails to maintain the property conveyed in a 
        manner consistent with the terms and conditions in subsection 
        (c);
            (3) the County conducts any commercial activities at the 
        property conveyed, or any part thereof, without approval of the 
        Secretary; or
            (4) at least 30 days before the reversion, the 
        Administrator provides written notice to the owner that the 
        property or any part thereof is needed for national security 
        purposes.

                      TITLE VI--JONES ACT WAIVERS

SEC. 601. CERTIFICATES OF DOCUMENTATION.

    Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
U.S.C. App. 883), section 8 of the Act of June 19, 1886 (24 Stat. 81, 
chapter 421; 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 the following vessels:
            (1) LOOKING GLASS, United States official number 925735.
            (2) YANKEE, United States official number 1076210.
            (3) LUCKY DOG, of St. Petersburg, Florida, State of Florida 
        registration number FLZP7569E373.
            (4) ENTERPRIZE, United States official number 1077571.
            (5) M/V SANDPIPER, United States official number 1079439.
            (6) FRITHA, United States official number 1085943.
            (7) PUFFIN, United States official number 697029.

SEC. 602. CERTIFICATE OF DOCUMENTATION FOR THE EAGLE.

    Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
U.S.C. App. 883), chapter 121 of title 46, United States Code, and 
section 1 of the Act of May 28, 1906 (46 U.S.C. App. 292), the 
Secretary of Transportation shall issue a certificate of documentation 
with appropriate endorsement for employment in the coastwise trade for 
the vessel EAGLE, hull number BK--1754, United States official number 
1091389 if the vessel is--
            (1) owned by a State, a political subdivision of a State, 
        or a public authority chartered by a State;
            (2) if chartered, is chartered to a State, a political 
        subdivision of a State, or a public authority chartered by a 
        State;
            (3) is operated only in conjunction with--
                    (A) scour jet operations; or
                    (B) dredging services adjacent to facilities owned 
                by the State, political subdivision, or public 
                authority; and
            (4) is externally identified clearly as a vessel of that 
        State, subdivision or authority.

           TITLE VII--CERTAIN ALASKAN CRUISE SHIP OPERATIONS

SEC. 701. DISCHARGE OF UNTREATED SEWAGE.

    A cruise vessel operating in the waters of the Alexander 
Archipelago shall not discharge any untreated sewage.

SEC. 702. DISCHARGE OF TREATED SEWAGE.

    (a) Limit on Discharges of Treated Sewage.--A cruise vessel 
operating in the waters of the Alexander Archipelago shall not 
discharge any treated sewage unless the cruise vessel is underway and 
is proceeding at not less than 4 knots.
    (b) Supplemental Rulemaking on Treated Sewage Discharge.--
Additional regulations governing the discharge of treated sewage may be 
promulgated taking into consideration any studies conducted by any 
agency of the United States, and recommendations made by the Cruise 
Ship Waste Disposal and Management Executive Steering Committee 
convened by the Alaska Department of Environmental Conservation.

SEC. 703. DISCHARGES OF GRAYWATER.

    (a) Limit on Discharges of Graywater.--A cruise vessel operating in 
the waters of the Alexander Archipelago shall not discharge any 
graywater unless--
            (1) the cruise vessel is underway and is proceeding at not 
        less than 4 knots; and
            (2) the cruise vessel's graywater system is tested on a 
        frequency prescribed by the Secretary to verify that discharges 
        of graywater do not contain chemicals used in the operation of 
        the vessel (including photographic chemicals or dry cleaning 
        solvents) present in an amount that would constitute a 
        hazardous waste under part 261 of title 40, Code of Federal 
        Regulations (or any successor regulation).
    (b) Supplemental Rulemaking on Graywater Discharges.--Additional 
regulations governing the discharge of graywater may be promulgated 
after taking into consideration any studies conducted by any agency of 
the United States, and recommendations made by the Cruise Ship Waste 
Disposal and Management Executive Steering Committee convened by the 
Alaska Department of Environmental Conservation.

SEC. 704. INSPECTION REGIME.

    (a) In General.--The Secretary shall incorporate into the 
commercial vessel examination program an inspection regime sufficient 
to verify that cruise vessels operating in the waters of the Alexander 
Archipelago are in full compliance with this title and any regulations 
issued thereunder, the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.), other applicable Federal laws and regulations, and all 
applicable international treaty requirements.
    (b) Matters To Be Examined.--The inspection regime--
            (1) shall include--
                    (A) examination of environmental compliance records 
                and procedures; and
                    (B) inspection of the functionality and proper 
                operation of installed equipment for pollution 
                abatement and controls; and
            (2) may include unannounced inspections of any aspect of 
        cruise vessel operations or equipment pertinent to the 
        verification under subsection (a) of this section.

SEC. 705. STUDIES.

    Any agency of the United States undertaking a study of the 
environmental impact of cruise vessel discharges of sewage, treated 
sewage or graywater shall ensure that cruise vessel operators, other 
United States agencies with jurisdiction over cruise vessel operations, 
and affected coastal State governments are provided an opportunity to 
review and comment on such study prior to publication of the study, and 
shall ensure that such study, if used as a basis for a rulemaking 
governing the discharge or treatment of sewage, treated sewage or 
graywater by cruise vessels, is subjected to a scientific peer review 
process prior to the publication of the proposed rule.

SEC. 706. CRIMINAL PENALTIES.

    A person who knowingly violates section 701, 702(a), or 703(a), or 
any regulation promulgated pursuant to section 702(b) or 703(b), 
commits a class D felony. In the discretion of the Court, an amount 
equal to not more than one-half of such fine may be paid to the person 
giving information leading to conviction.

SEC. 707. CIVIL PENALTIES.

    (a) In General.--A person who is found by the Secretary, after 
notice and an opportunity for a hearing, to have violated section 701, 
702(a), or 703(a), or any regulation promulgated pursuant to section 
702(b) or 703(b), shall be liable to the United States for a civil 
penalty, not to exceed $25,000 for each violation. Each day of a 
continuing violation shall constitute a separate violation. The amount 
of the civil penalty shall be assessed by the Secretary, or his 
designee, by written notice. In determining the amount of the penalty, 
the Secretary shall take into account the nature, circumstances, 
extent, and gravity of the prohibited acts committed and, with respect 
to the violator, the degree of culpability, any history of prior 
offenses, ability to pay, and other matters as justice may require. An 
amount equal to not more than one-half of such penalties may be paid by 
the Secretary to the person giving information leading to the 
assessment of such penalties.
    (b) Abatement of Civil Penalties; Collection by Attorney General.--
The Secretary may compromise, modify or remit, with or without 
conditions, any civil penalty which is subject to assessment or which 
has been assessed under this section. If any person fails to pay an 
assessment of a civil penalty after it has become final, the Secretary 
may refer the matter to the Attorney General of the United States for 
collection in any appropriate district court of the United States.

SEC. 708. LIABILITY IN REM; DISTRICT COURT JURISDICTION.

    A vessel operated in violation of this title is liable in rem for 
any fine imposed under section 706 or civil penalty assessed under 
section 707, and may be proceeded against in the United States district 
court of any district in which the vessel may be found.

SEC. 709. VESSEL CLEARANCE OR PERMITS; REFUSAL OR REVOCATION; BOND OR 
              OTHER SURETY.

    If any vessel subject to this title, its owner, operator, or person 
in charge is liable for a fine or civil penalty under this title, or if 
reasonable cause exists to believe that the vessel, its owner, 
operator, or person in charge may be subject to a fine or a civil 
penalty under this title, the Secretary of the Treasury, upon the 
request of the Secretary, shall refuse or revoke the clearance required 
by section 4197 of the Revised Statutes of the United States (46 U.S.C. 
App. 91). Clearance may be granted upon the filing of a bond or other 
surety satisfactory to the Secretary.

SEC. 710. REGULATIONS.

    The Secretary shall prescribe any regulations necessary to carry 
out the provisions of this title.

SEC. 711. DEFINITIONS.

    In this title:
            (1) Waters of the Alexander Archipelago.--The term ``waters 
        of the Alexander Archipelago'' means all waters under the 
        jurisdiction of the United States within Southeast Alaska and 
        contained within an area defined by a line beginning at Cape 
        Spencer Light and extending due south to Latitude 
        58 deg.07'15'' North, Longitude 136 deg.38'15'' West; thence 
        along a line 3 nautical miles seaward of the territorial sea 
        baseline to a point at the maritime border between the United 
        States and Canada at Latitude 54 deg.41'15'' North, Longitude 
        130 deg.53'00'' West; thence following that border to Mount 
        Fairweather; thence returning to Cape Spencer Light.
            (2) Cruise vessel.--
                    (A) In general.--The term ``cruise vessel'' means a 
                commercial passenger vessel of greater than 10,000 
                gross tons, as measured under chapter 143 of title 46, 
                United States Code, that does not regularly carry 
                vehicles or other cargo.
                    (B) Exclusions.--The term ``cruise vessel'' does 
                not include a vessel operated by the Federal Government 
                or the government of a State.
            (3) Graywater.--
                    (A) In general.--The term ``graywater'' means 
                drainage from a dishwasher, shower, laundry, bath, 
                washbasin, or drinking fountain.
                    (B) Exclusions.--The term ``graywater'' does not 
                include drainage from a toilet, urinal, hospital, cargo 
                or machinery space.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the department in which the Coast Guard is operating.
            (5) Sewage.--The term ``sewage'' means human body wastes 
        and the wastes from toilets and other receptacles intended to 
        receive or retain body waste.
            (6) Treated sewage.--The term ``treated sewage'' means 
        sewage processed through a properly operating and approved 
        marine sanitation device meeting applicable regulatory 
        standards and requirements.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                               H. R. 820

_______________________________________________________________________

                               AMENDMENT

HR 820 EAS----2
HR 820 EAS----3
HR 820 EAS----4
HR 820 EAS----5