[Congressional Record Volume 141, Number 183 (Friday, November 17, 1995)]
[Senate]
[Pages S17348-S17355]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______


               THE COAST GUARD AUTHORIZATION ACT OF 1995

                                 ______


                       STEVENS AMENDMENT NO. 3058

  Mr. LOTT (for Mr. Stevens, for himself, Mr. Pressler, Mr. Hollings, 
Mr. Kerry, Ms. Snowe, Mrs. Hutchison, and Mr. Breaux) proposed an 
amendment to bill (S. 1004) to authorize appropriations for the U.S. 
Coast Guard, and for other purposes; as follows:

       On page 77, beginning with line 3, strike through line 16 
     on page 79.
       On page 79, line 17, strike ``(b)'' and insert ``(a)''.
       On page 81, strike lines 3 through 6 and insert the 
     following:

     ation Program--
       (A) $16,200,000, to remain available until expended, of 
     which up to $14,200,000 may be made available under section 
     104(e) of title 49, United States Code; and
       (B) for fiscal year 1995, $12,880,000, which may be made 
     available under that section.
       On page 81, line 12, strike ``(c)'' and insert ``(b)''.
       On page 82, beginning with line 3, strike through line 5 on 
     page 83 and insert the following:
       (a) Authorized Military Strength Level.--The Coast Guard is 
     authorized an end-of-year strength for active duty personnel 
     of 38,400 as of September 30, 1996. The authorized strength 
     does not include members of the Ready Reserve called to 
     active duty for special emergency augmentation of regular 
     Coast Guard forces for periods of 180 days or less.
       (b) Authrozed Level of Military Training.--The Coast Guard 
     is authorized average military training study loads for 
     fiscal year 1996 as follows:
       (1) For recruit and special training, 1,604 student years.
       (2) For flight training, 85 student years.
       (3) For professional training in military and civilian 
     institutions, 330 student years.
       (4) For officer acquisition, 874 student years.
       On page 91, between lines 13 and 14, insert the following:

     SEC. 208. ACCESS TO NATIONAL DRIVER REGISTER INFORMATION ON 
                   CERTAIN COAST GUARD PERSONNEL.

       (a) Amendment to Title 14.--Section 93 of title 14, United 
     States Code, as amended by section 203, is further 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) require that any officer, chief warrant officer, or 
     enlisted member of the Coast Guard or Coast Guard Reserve 
     (including a cadet or an applicant for appointment or 
     enlistment to any of the foregoing and any member of a 
     uniformed service who is assigned to the Coast Guard) request 
     that all information contained in the National Driver 
     Register pertaining to the individual, as described in 
     section 30304(a) of title 49, be made available to the 
     Commandant under section 30305(a) of title 49, may receive 
     that information, and upon receipt, shall make the 
     information available to the individual.''.
       (b) Amendment to Title 49.--Section 30305(b) of title 49, 
     United States Code, is amended by redesignating paragraph (7) 
     as paragraph (8) and inserting after paragraph (6) the 
     following new paragraph:
       ``(7) an individual who is an officer, chief warrant 
     officer, or enlisted member of the Coast Guard or Coast Guard 
     Reserve (including a cadet or an applicant for appointment or 
     enlistment of any of the foregoing and any member of a 
     uniformed service who is assigned to the Coast Guard) may 
     request the chief driver licensing official of a State to 
     provide information about the individual under subsection (a) 
     of this section to the Commandant of the Coast Guard. The 
     Commandant may receive the information and shall make the 
     information available to the individual. Information may not 
     be obtained from the Register under this paragraph if the 
     information was entered in the Register more than 3 years 
     before the request, unless the information is about a 
     revocation or suspension still in effect on the date of the 
     request.''.

     SEC. 209. COAST GUARD HOUSING AUTHORITIES.

       (a) In General.--Part I of title 14, United States Code, is 
     amended by inserting after chapter 17 the following new 
     chapter:

             ``CHAPTER 18--COAST GUARD HOUSING AUTHORITIES


                             ``SUBCHAPTER A

     ``Section
     ``671. Definitions.
     ``672. General Authority.
     ``673. Direct loans and loan guarantees.
     ``674. Leasing of housing to be constructed.
     ``675. Investments in nongovernmental entities.
     ``676. Rental guarantees.

[[Page S 17349]]

     ``677. Differential lease payments.
     ``678. Conveyance or lease of existing property and 
     facilities.
     ``679. Interim leases.
     ``680. Unit size and type.
     ``681. Support facilities.
     ``682. Assignment of members of the armed forces to housing 
     units.
     ``683. Coast Guard Housing Improvement Fund.
     ``684. Reports.
     ``685. Expiration of authority.


                             ``SUBCHAPTER B

     ``691. Conveyance of damaged or deteriorated military family 
     housing; use of proceeds.
     ``692. Limited partnerships with private developers of 
     housing.

                             ``SUBCHAPTER A

     ``Sec. 671. Definitions

       ``In this subchapter the term `support facilities' means 
     facilities relating to military housing units, including 
     child care centers, day care centers, community centers, 
     housing offices, maintenance complexes, dining facilities, 
     unit offices, fitness centers, parks, and other similar 
     facilities for the support of military housing.

     ``Sec. 672. General authority

       ``In addition to any other authority provided for the 
     acquisition, construction, or improvement of military family 
     housing or military unaccompanied housing, the Secretary may 
     exercise any authority or any combination of authorities 
     provided under this subchapter in order to provide for the 
     acquisition, construction, improvement or rehabilitation by 
     private persons of the following:
       ``(1) Family housing units on or near Coast Guard 
     installations within the United States and its territories 
     and possessions.
       ``(2) Unaccompanied housing units on or near such Coast 
     Guard installations.

     ``Sec. 673. Direct loans and loans guarantees

       ``(a) Direct Loans.--(1) Subject to subsection (c), the 
     Secretary may make direct loans to persons in the private 
     sector in order to provide funds to such persons for the 
     acquisition, construction, improvement, or rehabilitation of 
     housing units that the Secretary determines are suitable for 
     use as military family housing or as military unaccompanied 
     housing.
       ``(2) The Secretary shall establish such terms and 
     conditions with respect to loans made under this subsection 
     as the Secretary considers appropriate to protect the 
     interests of the United States, including the period and 
     frequency for repayment of such loans and the obligations of 
     the obligors on such loans upon default.
       ``(b) Loan Guarantees.--(1) Subject to subsection (c), the 
     Secretary may guarantee a loan made to any person in the 
     private sector if the proceeds of the loan are to be used by 
     the person to acquire, construct, improve, or rehabilitate 
     housing units that the Secretary determines are suitable for 
     use as military family housing or as military unaccompanied 
     housing.
       ``(2) The amount of a guarantee on a loan that may be 
     provided under paragraph (1) may not exceed the amount equal 
     to the lesser of--
       ``(A) the amount equal to 80 percent of the value of the 
     project; or
       ``(B) the amount of the outstanding principal of the loan.
       ``(3) The Secretary shall establish such terms and 
     conditions with respect to guarantees of loans under this 
     subsection as the Secretary considers appropriate to protect 
     the interests of the United States, including the rights and 
     obligations of obligors of such loans and the rights and 
     obligations of the United States with respect to such 
     guarantees.
       ``(c) Limitation on Direct Loan and Guarantee Authority.--
     Direct loans and loan guarantees may be made under this 
     section only to the extent that appropriations of budget 
     authority to cover their cost (as defined in section 502(5) 
     of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) 
     are made in advance, or authority is otherwise provided in 
     appropriations Acts. If such appropriation or other authority 
     is provided, there may be established a financing account (as 
     defined in section 502(7) of such Act (2 U.S.C. 661a(7)) 
     which shall be available for the disbursement of direct loans 
     or payment of claims for payment on loan guarantees under 
     this section and for all other cash flows to and from the 
     Government as a result of direct loans and guarantees made 
     under this section.

     ``Sec. 674. Leasing of housing to be constructed

       ``(a) Build and Lease Authorized.--The Secretary may enter 
     into contracts for the lease of family housing units or 
     unaccompanied housing units to be constructed, improved, or 
     rehabilitated under this subchapter.
       ``(b) Lease Terms.--A contract under this section may be 
     for any period that the Secretary determines appropriate.

     ``Sec. 675. Investments in nongovernmental entities

       ``(a) Investments Authorized.--The Secretary may make 
     investments in nongovernmental entities carrying out projects 
     for the acquisition, construction, improvement, or 
     rehabilitation of housing units suitable for use as military 
     family housing or as military unaccompanied housing.
       ``(b) Forms of Investment.--An investment under this 
     section may take the form of a direct investment by the 
     United States, an acquisition of a limited partnership 
     interest by the United States, a purchase of stock or 
     other equity instruments by the United States, a purchase 
     of bonds or other debt instruments by the United States, 
     or any combination of such forms of investment.
       ``(c) Limitation on Value of Investment.--(1) The cash 
     amount of an investment under this section in a 
     nongovernmental entity may not exceed an amount equal to 35 
     percent of the capital cost (as determined by the Secretary) 
     of the project or projects that the entity proposes to carry 
     out under this section with the investment.
       ``(2) If the Secretary conveys land or facilities to a 
     nongovernmental entity as all or part of an investment in the 
     entity under this section, the total value of the investment 
     by the Secretary under this section may not exceed an amount 
     equal to 45 percent of the capital cost (as determined by the 
     Secretary) of the project or projects that the entity 
     proposes to carry out under this section with the investment.
       ``(3) In this subsection, the term `capital cost', with 
     respect to a project for the acquisition, construction, 
     improvement, or rehabilitation of housing, means the total 
     amount of the costs included in the basis of the housing for 
     Federal income tax purposes.
       ``(d) Collateral Incentive Agreements.--The Secretary may 
     enter into collateral incentive agreements with 
     nongovernmental entities in which the Secretary makes an 
     investment under this section to ensure that a suitable 
     preference will be afforded members of the armed forces in 
     the lease or purchase, as the case may be, of a reasonable 
     number of the housing units covered by the investment.

     ``Sec. 676. Rental guarantees

       ``The Secretary may enter into agreements with private 
     persons that acquire, construct, improve, or rehabilitate 
     family housing units or unaccompanied housing units under 
     this subchapter in order to assure--
       ``(1) the occupancy of such units at levels specified in 
     the agreements; or
       ``(2) rental income derived from rental of such units at 
     levels specified in the agreements.

     ``Sec. 677. Differential lease payments

       ``The Secretary, pursuant to an agreement entered into by 
     the Secretary and a private lessor of family housing or 
     unaccompanied housing to members of the armed forces, may pay 
     the lessor an amount in addition to the rental payments for 
     the housing made by the members as the Secretary determines 
     appropriate to encourage the lessor to make the housing 
     available to members of the armed forces as family housing or 
     as unaccompanied housing.

     ``Sec. 678. Conveyance or lease of existing property and 
       facilities

       ``(a) Conveyance or Lease Authorized.--The Secretary may 
     convey or lease property or facilities (including support 
     facilities) to private persons for purposes of using the 
     proceeds of such conveyance or lease to carry out activities 
     under this subchapter.
       ``(b) Terms and Conditions.--(1) The conveyance or lease of 
     property or facilities under this section shall be for such 
     consideration and upon such terms and conditions as the 
     Secretary considers appropriate for the purposes of this 
     subchapter and to protect the interests of the United States.
       ``(2) As part or all of the consideration for a conveyance 
     or lease under this section, the purchaser or lessor (as the 
     case may be) may enter into an agreement with the Secretary 
     to ensure that a suitable preference will be afforded members 
     of the armed forces in the lease or sublease of a reasonable 
     number of the housing units covered by the conveyance or 
     lease, as the case may be, or in the lease of other suitable 
     housing units made available by the purchaser or lessee.

       ``(c) Inapplicability of Certain Property Management 
     Laws.--The conveyance or lease of property or facilities 
     under this section shall not be subject to the following 
     provisions of law:
       ``(1) The Federal Property and Administrative Services Act 
     of 1949 (40 U.S.C. 471 et seq.).
       ``(2) Section 321 of the Act of June 30, 1932 (commonly 
     known as the Economy Act) (47 Stat. 412, chapter 314; 40 
     U.S.C. 303b).
       ``(3) The Stewart B. McKinney Homeless Assistance Act (42 
     U.S.C. 11301 et seq.).

     ``Sec. 679. Interim leases

       ``Pending completion of a project to acquire, construct, 
     improve, or rehabilitate family housing units or 
     unaccompanied housing units under this subchapter, the 
     Secretary may provide for the interim lease of such units of 
     the project as are complete. The term of a lease under this 
     section may not extend beyond the date of the completion of 
     the project concerned.

     ``Sec. 680. Unit size and type

       ``The Secretary shall ensure that the room patterns and 
     floor areas of family housing units and unaccompanied housing 
     units acquired, constructed, improved, or rehabilitated under 
     this subchapter are generally comparable to the room patterns 
     and floor areas of similar housing units in the locality 
     concerned.

     ``Sec. 681. Support facilities

       ``Any project for the acquisition, construction, 
     improvement, or rehabilitation of family housing units or 
     unaccompanied housing units under this subchapter may include 
     the acquisition, construction, or improvement of 

[[Page S 17350]]
     support facilities for the housing units concerned.

     ``Sec. 682. Assignment of members of the Armed Forces to 
       housing units

       ``(a) In General.--The Secretary may assign members of the 
     armed forces to housing units acquired, constructed, 
     improved, or rehabilitated under this subchapter.
       ``(b) Effect of Certain Assignments on Entitlement to 
     Housing Allowances.--(1) Except as provided in paragraph (2), 
     housing referred to in subsection (a) shall be considered as 
     quarters of the United States or a housing facility under the 
     jurisdiction of a uniformed service for purposes of section 
     403(b) of title 37.
       ``(2) A member of the armed forces who is assigned in 
     accordance with subsection (a) to a housing unit not owned or 
     leased by the United States shall be entitled to a basic 
     allowance for quarters under section 403 of title 37 and, if 
     in a high housing cost area, a variable housing allowance 
     under section 403a of that title.
       ``(c) Lease Payments Through Pay Allotments.--The Secretary 
     may require members of the armed forces who lease housing in 
     housing units acquired, constructed, improved, or 
     rehabilitated under this subchapter to make lease payments 
     for such housing pursuant to allotments of the pay of such 
     members under section 701 of title 37.

     ``Sec. 683. Coast Guard Housing Improvement Fund

       ``(a) Establishment.--There is hereby established on the 
     books of the Treasury an account to be known as the Coast 
     Guard Housing Improvement Fund (in this section referred to 
     as the `Fund').
       ``(b) Credits to Fund.--There shall be credited to the Fund 
     the following:
       ``(1) Funds appropriated to the Fund.
       ``(2) Any funds that the Secretary may, to the extent 
     provided in appropriation Acts, transfer to the Fund from 
     funds appropriated to the Department of Transportation or 
     Coast Guard for family housing, except that such funds may be 
     transferred only after the Secretary transmits written notice 
     of, and justification for, such transfer to the appropriate 
     committees of Congress.
       ``(3) Any funds that the Secretary may, to the extent 
     provided in appropriations Acts, transfer to the Fund from 
     funds appropriated to the Department of Transportation or 
     Coast Guard for military unaccompanied housing or for the 
     operation and maintenance of military unaccompanied housing, 
     except that such funds may be transferred only after the 
     Secretary transmits written notice of, and justification 
     for, such transfer to the appropriate committees of 
     Congress.
       ``(4) Proceeds from the conveyance or lease of property or 
     facilities under section 678 of this title.
       ``(5) Income from any activities under this subchapter, 
     including interest on loans made under section 673 of this 
     title, income and gains realized from investments under 
     section 675 of this title, and any return of capital invested 
     as part of such investments.
       ``(c) Use of Funds.--(1) To the extent provided in 
     appropriations Acts and except as provided in paragraphs (2) 
     and (3), the Secretary may use amounts in the Fund to carry 
     out activities under this subchapter (including activities 
     required in connection with the planning, execution, and 
     administration of contracts or agreements entered into under 
     the authority of this subchapter).
       ``(2)(A) Funds in the Fund that are derived from 
     appropriations or transfers of funds for military family 
     housing, or from income from activities under this subchapter 
     with respect to such housing, may be used in accordance with 
     paragraph (1) only to carry out activities under this 
     subchapter with respect to military family housing.
       ``(B) Funds in the Fund that are derived from 
     appropriations or transfers of funds for military 
     unaccompanied housing, or from income from activities under 
     this subchapter with respect to such housing, may be used in 
     accordance with paragraph (1) only to carry out activities 
     under this subchapter with respect to military unaccompanied 
     housing.
       ``(3) The Secretary may not enter into a contract or 
     agreement to carry out activities under this subchapter 
     unless the Fund contains sufficient amounts, as of the time 
     the contract or agreement is entered into, to satisfy the 
     total obligations to be incurred by the United States under 
     the contract or agreement.
       ``(d) Limitation on Amount of Budget Authority.--The total 
     value in budget authority of all contracts, agreements, and 
     investments undertaken using the authorities provided in this 
     subchapter shall not exceed $60,000,000.

     ``Sec. 684. Reports

       The Secretary shall include each year in the materials the 
     Secretary submits to the Congress in support of the budget 
     submitted by the President pursuant to section 1105 of title 
     31, United States Code, the following:
       ``(1) A report on the amount and nature of the deposits 
     into, and the expenditures from, the Coast Guard Housing 
     Improvement Fund established under section 683 of this title 
     during the preceding fiscal year.
       ``(2) A report on each contract or agreement for a project 
     for the acquisition, construction, improvement, or 
     rehabilitation of family housing units or unaccompanied 
     housing units that the Secretary proposes to solicit under 
     this subchapter, describing the project and the method of 
     participation of the United States in the project and 
     providing justification of such method of participation.
       ``(3) A methodology for evaluating the extent and 
     effectiveness of the use of the authorities under this 
     subchapter during such preceding fiscal year.
       ``(4) A description of the objectives of the Department of 
     Transportation for providing military family housing and 
     military unaccompanied housing for members of the Coast 
     Guard.

     ``Sec. 685. Expiration of authority

       ``The authority to enter into a transaction under this 
     subchapter shall expire 5 years after the date of the 
     enactment of the Coast Guard Authorization Act of 1995.


                             ``SUBCHAPTER B

     ``Sec. 691. Conveyance of damaged or deteriorated military 
       family housing; use of proceeds

       ``(a) Authority To Convey.--
       ``(1) Subject to paragraph (2), the Secretary may convey 
     any family housing facility that, due to damage or 
     deterioration, is in a condition that is uneconomical to 
     repair. Any conveyance of a family housing facility under 
     this section may include a conveyance of the real property 
     associated with the facility conveyed.
       ``(2) The aggregate total value of the family housing 
     facilities conveyed by the Secretary under the authority in 
     this subsection in any fiscal year may not exceed $5,000,000.
       ``(3) For purposes of this subsection, a family housing 
     facility is in a condition that is uneconomical to repair if 
     the cost of the necessary repairs for the facility would 
     exceed the amount equal to 70 percent of the cost of 
     constructing a family housing facility to replace such a 
     facility.
       ``(b) Consideration.--
       ``(1) As consideration for the conveyance of a family 
     housing facility under subsection (a), the person to whom the 
     facility is conveyed shall pay the United States an amount 
     equal to the fair market value of the facility conveyed, 
     including any real property conveyed along with the facility.
       ``(2) The Secretary shall determine the fair market value 
     of any family housing facility and associated real property 
     that is conveyed under subsection (a). Such determinations 
     shall be final.
       ``(c) Notice and Wait Requirements.--The Secretary may not 
     enter into an agreement to convey a family housing facility 
     under this section until--
       ``(1) the Secretary submits to the appropriate committees 
     of Congress, in writing, a justification for the conveyance 
     under the agreement, including--
       ``(A) an estimate of the consideration to be provided the 
     United States under the agreement;
       ``(B) an estimate of the cost of repairing the family 
     housing facility to be conveyed; and
       ``(C) an estimate of the cost of replacing the family 
     housing facility to be conveyed; and
       ``(2) a period of 21 calendar days has elapsed after the 
     date on which the justification is received by the 
     committees.
       ``(d) Inapplicability of Certain Property Disposal Laws.--
     The following provisions of law do not apply to the 
     conveyance of a family housing facility under this section:
       ``(1) The provisions of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
       ``(2) The provisions of the Stewart B. McKinney Homeless 
     Assistance Act (42 U.S.C. 11301 et seq.).
       ``(e) Use of Proceeds.--(1) The proceeds of any conveyance 
     of a family housing facility under this section shall be 
     credited to the Coast Guard Housing Improvement Fund (Fund) 
     established under sexton 683 of this title and available for 
     the purposes described in paragraph (2).
       ``(2) The proceeds of a conveyance of a family housing 
     facility under this section may be used for the following 
     purposes.
       ``(A) To construct family housing units to replace the 
     family housing facility conveyed under this section, but only 
     to the extent that the number of units constructed with such 
     proceeds does not exceed the number of units of military 
     family housing of the facility conveyed.
       ``(B) To repair or restore existing military family 
     housing.
       ``(C) To reimburse the Secretary for the costs incurred by 
     the Secretary in conveying the family housing facility.
       ``(3) Notwithstanding section 683(c) of this title, 
     proceeds in the account under this subsection shall be 
     available under paragraph (1) for purposes described in 
     paragraph (2) without any further appropriation.
       ``(f) Description of Property.--The exact acreage and legal 
     description of any family housing facility conveyed under 
     this section, including any real property associated with 
     such facility, shall be determined by such means as the 
     Secretary considers satisfactory, including by survey in the 
     case of real property.
       ``(g) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance of family housing facilities under this 
     section as the Secretary considers appropriate to protect the 
     interests of the United States.

     ``Sec. 692. Limited partnerships with private developers of 
       housing

       ``(a) Limited Partnerships.--(1) In order to meet the 
     housing requirements of members of the Coast Guard, and the 
     dependents of such members, at a military installation 
     described in paragraph (2), the Secretary of 

[[Page S 17351]]
     Transportation may enter into a limited partnership with one or more 
     private developers to encourage the construction of housing 
     and accessory structures within commuting distance of the 
     installation. The Secretary may contribute not more than 35 
     percent of the development costs under a limited partnership.
       ``(2) Paragraph (1) applies to a military installation 
     under the jurisdiction of the Secretary at which there is a 
     shortage of suitable housing to meet the requirements of 
     members and dependents referred to in such paragraph.
       ``(b) Collateral Incentive Agreements.--The Secretary may 
     also enter into collateral incentive agreements with private 
     developers who enter into a limited partnership under 
     subsection (a) to ensure that, where appropriate--
       ``(1) a suitable preference will be afforded members of the 
     Coast Guard in the lease or purchase, as the case may be, of 
     a reasonable number of the housing units covered by the 
     limited partnership; or
       ``(2) the rental rates or sale prices, as the case may be, 
     for some or all of such units will be affordable for such 
     members.
       ``(c) Selection of Investment Opportunities.--
       ``(1) The Secretary shall use publicly advertised, 
     competitively bid or competitively negotiated, contracting 
     procedures, as provided in chapter 137 of title 10, United 
     States Code, to enter into limited partnerships under 
     subsection (a).
       (2) When a decision is made to enter into a limited 
     partnership under subsection (a), the Secretary shall submit 
     a report in writing to the appropriate committees of Congress 
     on that decision. Each such report shall include the 
     justification for the limited partnership, the terms and 
     conditions of the limited partnership, a description of the 
     development costs for projects under the limited partnership, 
     and a description of the share of such costs to be incurred 
     by the Secretary. The Secretary may then enter into the 
     limited partnership only after the end of the 21-day period 
     beginning on the date the report is received by such 
     committees.
       ``(d) Funds.--(1) Any proceeds received by the Secretary 
     from the repayment of investments or profits on investments 
     of the Secretary under subsection (a) shall be deposited into 
     the Coast Guard Housing Improvement Fund established under 
     section 683 of this title.
       ``(2) From such amounts as is provided in advance in 
     appropriation Acts, funds in the Coast Guard Housing 
     Improvement Fund shall be available to the Secretary for 
     contracts, investments, and expenses necessary for the 
     implementation of this section.
       ``(3) The Secretary may not enter into a contract in 
     connection with a limited partnership under subsection (a) or 
     a collateral incentive agreement under subsection (b) unless 
     a sufficient amount of the unobligated balance of the funds 
     in the Coast Guard Housing Improvement Fund is available to 
     the Secretary, as of the time the contract is entered into, 
     to satisfy the total obligations to be incurred by the United 
     States under the contract.
       ``(e) Transfer of Lands Prohibited.--Nothing in this 
     section shall be construed to permit the Secretary, as part 
     of a limited partnership entered into under this section, to 
     transfer the right, title, or interest of the United States 
     in any real property under the jurisdiction of the Secretary.
       ``(f) Expiration and Termination of Authorities.--The 
     authority to enter into a transaction under this section 
     shall expire 5 years after the date of the enactment of the 
     Coast Guard Authorization Act of 1995.''.
       (b) Final Report.--Not later than March 1, 2000, the 
     Secretary shall submit to Congress a report on the use by the 
     Secretary of the authorities provided by subchapter A of 
     chapter 18 of title 14, United States Code, as added by 
     subsection (a) of this section. The report shall assess the 
     effectiveness of such authority in providing for the 
     construction and improvement of military family housing and 
     military unaccompanied housing.
       (c) Clerical Amendment.--The table of chapters at the 
     beginning of part I of title 14, is amended by inserting 
     after the item relating to chapter 17 the following:

``18. Coast Guard Housing Authorities 671.''.

     SEC. 210. BOARD FOR CORRECTION OF MILITARY RECORDS DEADLINE.

       (a) Remedies Deemed Exhausted.--Ten months after a complete 
     application for correction of military records is received by 
     the Board for Correction of Military Records of the Coast 
     Guard, administrative remedies are deemed to have been 
     exhausted, and--
       (1) if the Board has rendered a recommended decision, its 
     recommendation shall be final agency action and not subject 
     to further review or approval within the Department of 
     Transportation; or
       (2) if the Board has not rendered a recommended decision, 
     agency action is deemed to have been unreasonably delayed or 
     withheld and the applicant is entitled to--
       (A) an order under section 706(1) of title 5, United States 
     Code, directing final action be taken within 30 days from the 
     date the order is entered; and
       (B) from amounts appropriated to the Department of 
     Transportation, the costs of obtaining the order, including a 
     reasonable attorney's fee.
       (b) Existing Deadline Mandatory.--The 10-month deadline 
     established in section 212 of the Coast Guard Authorization 
     Act of 1989 (Public Law 101-225; 103 Stat. 1914) is 
     mandatory.
       (c) Special Right of Applications Under This Section.--This 
     section applies to any applicant who had an application filed 
     with or pending before the Board or the Secretary of 
     Transportation on or after June 12, 1990, who files with the 
     board an application for relief under this section. If a 
     recommended decision was modified or reversed on review with 
     final agency action occurring after expiration of the 10-
     month deadline, an applicant who so requests shall have the 
     order in the final decision vacated and receive the relief 
     granted in the recommended decision if the Coast Guard has 
     the legal authority to grant such relief. The recommended 
     decision shall otherwise have no effect as precedent.
       On page 93, strike lines 18 through 24 and insert the 
     following:

     SEC. 302. NONDISCLOSURE OF PORT SECURITY PLANS.

       Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 
     1226), is amended by adding at the end the following new 
     subsection (c):
       ``(c) Nondisclosure of Port Security Plans.--
     Notwithstanding any other provision of law, information 
     related to security plans, procedures, or programs for 
     passenger vessels or passenger terminals authorized under 
     this Act is not required to be disclosed to the public.''.
       On page 98, beginning with line 1, strike through line 24 
     on page 99 and insert the following:

     SEC. 309. RESTRICTIONS ON CLOSURE OF SMALL BOAT STATIONS.

       (a) Prohibition.--The Secretary of Transportation 
     (hereinafter in this section referred to as the 
     ``Secretary'') shall not close any Coast Guard multimission 
     small boat station or subunit before October 1, 1996.
       (b) Closure Requirements.--After October 1, 1996, the 
     Secretary shall not close any Coast Guard multi-mission small 
     boat station or subunit unless the following requirements 
     have been met:
       (1) The Secretary shall determine that--
       (A) adequate search-and-rescue capabilities will maintain 
     the safety of the maritime public in the area of the station 
     or subunit; and
       (B) the closure will not result in degradation of services 
     (including but not limited to search and rescue, enforcement 
     of fisheries and other laws and treaties, recreational 
     boating safety, port safety and security, aids to navigation, 
     and military readiness) that would cause significant 
     increased threat to life, property, environment, public 
     safety or national security.
       (2) In making the decision to close a station or subunit, 
     the Secretary shall assess--
       (A) the benefit of the station or subunit in deterring or 
     preventing violations of applicable laws and regulations;
       (B) unique regional or local prevailing weather and marine 
     conditions including water temperature and unusual tide and 
     current conditions; and
       (C) other Federal, State, and local government capabilities 
     which could fully or partially substitute for services 
     provided by such station or subunit.
       (4) The Secretary shall develop a transition plan for the 
     area affected by the closure to ensure the Coast Guard 
     service needs of the area continue to be met.
       (5) The Secretary shall implement a process to--
       (A) notify the public of the intended closure;
       (B) make available to the public information used in making 
     the determination and assessment under this section; and
       (C) provide an opportunity for public participation, 
     including public meetings and the submission of and summary 
     response to written comments, with regard to the decision to 
     close the station or subunit and the development of a 
     transition plan.
       (c) Notification.--If, after the requirements of subsection 
     (b) are met and after consideration of public comment, the 
     Secretary decides to close a small-boat station or subunit, 
     the Secretary shall provide notification of that decision, at 
     least 60 days before the closure is effected, to the public, 
     the committee on Commerce, Science and Transportation of the 
     Senate and the Committee on Transportation of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives.
       (d) Operational Flexibility.--Notwithstanding the 
     requirements of this section, the Secretary may implement any 
     management efficiencies within the small boat system, such as 
     modifying the operational posture of units or reallocating 
     resources as necessary to ensure the safety of the maritime 
     public nationwide, provided that no stations or subunits are 
     closed.
       On page 101, after the item relating to section 96 between 
     lines 3 and 4, insert the following:

     SEC. 312. WITHHOLDING VESSEL CLEARANCE FOR VIOLATION OF 
                   CERTAIN ACTS.

       (a) Title 49, United States Code.--Section 5122 of title 
     49, United States Code, is amended by adding at the end the 
     following new subsection:
       ''(c) Withholding of Clearance.--(1) If any owner, 
     operator, or person in charge of a vessel is liable for a 
     civil penalty under section 5132 of this title or for a fine 
     under section 5124 of this title, or if reasonable cause 
     exists to believe that such owner, operator, or person in 
     charge may be subject to such a civil penalty or fine, the 
     Secretary of the Treasury, upon the request of the Secretary, 
     shall with respect to such vessel refuse or revoke any 
     clearance required by section 4197 of the Revised Statutes of 
     the United States (46 U.S.C. App. 91).

[[Page S 17352]]

       ``(2) Clearance refused or revoked under this subsection 
     may be granted upon the filing of a bond or other surety 
     satisfactory to the Secretary.''.
       (b) Port of Waterways Safety Act.--Section 13(f) of the 
     Ports and Waterways Safety Act (33 U.S.C. 1232(f)) is amended 
     to read as follows:
       ``(f) Withholding of Clearance.--(1) If any owner, 
     operator, or person in charge of a vessel is liable for a 
     civil penalty under this section, or if reasonable cause 
     exists to believe that such owner, operator, or person in 
     charge may be subject a penalty or fine under this section, 
     the Secretary of the Treasury, upon the request of the 
     Secretary, shall with respect to such vessel refuse or revoke 
     any clearance required by section 4197 of the Revised 
     Statutes of the United States (46 U.S.C. App. 91).
       ``(2) Clearance refused or revoked under this subsection 
     may be granted upon filing of a bond or other surety 
     satisfactory to the Secretary.''.
       (c) Inland Navigation Rules Act of 1980.--Section 4(d) of 
     the Inland Navigational Rules Act of 1980 (33 U.S.C. 2072(d)) 
     is amended to read as follows:
       ``(d) Withholding of Clearance.--(1) If any owner, 
     operator, or person in charge of a vessel is liable for a 
     penalty under this section, or if reasonable cause exists to 
     believe that the owner, operator, or person in charge may be 
     subject to a penalty under this section, the Secretary of the 
     Treasury, upon the request of the Secretary, shall with 
     respect to such vessel refuse or revoke any clearance 
     required by section 4197 of the Revised Statutes of the 
     United States (46 U.S.C. App. 91).
       ``(2) Clearance or a permit refused or revoked under this 
     subsection may be granted upon filing of a bond or other 
     surety satisfactory to the Secretary.''.
       (d) Title 46 United States Code.--Section 3718(e) of title 
     46, United States Code, is amended to read as follows:
       ``(e)(1) If any owner, operator, or person in charge of a 
     vessel is liable for any penalty or fine under this section, 
     or if reasonable cause exists to believe that the owner, 
     operator, or person in charge may be subject to any penalty 
     or fine under this section, the Secretary of the Treasury, 
     upon the request of the Secretary, shall with respect to such 
     vessel refuse or revoke any clearance required by section 
     4197 of the Revised Statutes of the United States (46 U.S.C. 
     App. 91).
       ``(2) Clearance or a permit refused or revoked under this 
     subsection may be granted upon filing of a bond or other 
     surety satisfactory to the Secretary.''.
       On page 113, line 12, strike ``(b)'' and insert ``(d)''.
       On page 126, line 15, strike ``and'' the second place it 
     appears.
       On page 126, between lines 15 and 16, insert the following:
       (3) by striking ``Bureau'' in subsection (a), as 
     redesignated, and inserting ``American Bureau of Shipping''; 
     and
       On page 126, line 16, strike ``(3)'' and insert ``(4)''.
       On page 130, line 18, after the period insert the 
     following: ``Any such regulation shall be considered to be an 
     interpretive regulation for purposes of section 553 of title 
     5.''.
       On page 147, line 11, strike ``and''.
       On page 147, line 16, strike the period and insert a 
     semicolon and ``and''.
       On page 147, between lines 16 and 17, insert the following:
       (6) by inserting ``as measured under section 14502 of this 
     title, or an alternate tonnage measured under section 14302 
     of this title as prescribed by the Secretary under section 
     14104 of this title'' after ``200 gross tons'' in subsection 
     (e)(3).
       On page 161, line 17, insert ``knowingly'' before ``fail''.
       On page 162, line 1, insert ``, and circumstances under'' 
     after ``means by''.
       On page 162, line 3, insert after the period the following 
     new sentences: ``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).''
       On page 162, line 6, insert ``knowingly'' before ``fail''.
       On page 162, strike lines 12 through 17 and insert the 
     following:
       ``(A) forcibly assault, resist, oppose, prevent, impede, 
     intimidate, or interfere with a boarding or other law 
     enforcement action authorized by any Federal law, or to 
     resist a lawful arrest; or''
       On page 162, line 18, strike ``(C)'' and insert ``(B)''.
       On page 162, line 22, strike ``or has reason to know''.
       On page 165, line 1, strike ``5'' and insert ``1''.
       On page 165, strike the sentence that begins on line 4 and 
     insert the following: ``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) my be seized and forfeited.''
       On page 166, line 6, insert ``knowing'' before ``failure''.
       On page 167, line 8, insert ``knowingly'' before 
     ``failed''.
       On page 167, line 12, strike ``or had reason to know''.
       On page 168, lines 9 and 10, strike ``as defined in'' and 
     insert ``in accordance with''.
       On page 169, line 1, insert ``knowingly'' before ``fails''.
       On page 169, lines 2 through 4, strike ``relating to the 
     boarding of a vessel or landing of an aircraft issued''.
       On page 169, line 7, insert ``, in the case of a vessel,'' 
     after ``or''.
       On page 169, line 8, strike ``in any''.
       On page 169, strike the sentence beginning on line 11.
       On page 169, line 13, insert ``knowingly'' before 
     ``violate''.
       On page 170, line 26, insert ``knowingly'' before 
     ``fails''.
       On page 171, lines 5 through 8, strike ``or according to 
     any applicable, internationally recognized standards, or in 
     any other manner reasonably calculated to be received and 
     understood,''.
       On page 171, strike the sentence beginning on line 9.
       On page 171, line 12, insert ``knowingly'' before 
     ``violate''.
       On page 177, between lines 14 and 15, insert the following:
       (DD) Nash Island Light.
       (EE) Manana Island Fog Signal Station.
       On page 177, beginning in line 16, strike ``place, if at 
     all,'' and insert ``place''.
       On page 188, beginning in line 22, strike ``exact acreage 
     and''.
       On page 191, line 17, after ``Incorporated,'' insert ``or 
     any successor or assign,''.
       On page 192, line 10, after ``Incorporated,'' insert ``or 
     any successor or assign,''.
       On page 192, line 14, after ``Incorporated,'' insert ``or 
     any successor or assign,''.
       On page 193, line 1, after ``Incorporated,'' insert ``or 
     any successor or assign,''.
       On page 193, line 10, insert ``(in this section referred to 
     as the `Secretary')'' after ``Transportation''.
       On page 195, line 3, after ``signal,'' insert ``electronic 
     navigation equipment,''.
       On page 195, line 9, after ``Association'' insert ``, or 
     any successor or assign,''.
       On page 196, line 5, after ``Association'' insert ``, or 
     any successor or assign,''.
       On page 196, line 10, after ``Association'' insert ``, or 
     any successor or assign,''.
       On page 196, line 16, after ``Association'' insert ``, or 
     any successor or assign,''.
       On page 197, line 5, insert ``of Transportation (referred 
     to in this section as the `Secretary')'' after ``Secretary''.
       On page 197, beginning on line 7, strike ``of 
     Transportation''
       On page 199, line 23, after ``Inc.,'' insert ``or any 
     successor or assign,''.
       On page 200, line 4, after ``Inc.,'' insert ``or any 
     successor or assign,''.
       On page 200, strike lines 17 through 25 and insert the 
     following:
       (c) Point Arena Light Station Defined.--For purposes of 
     this section, the term ``Point Arena Light Station'' means 
     the Coast Guard property and improvements located at Point 
     Arena, California, including the light tower building, fog 
     signal building, 2 small shelters, 4 residential quarters, 
     and a restroom facility.
       On page 201, line 4, insert ``(referred to in this section 
     as the `Secretary')'' after ``Transportation''.
       On page 201, beginning with line 14, strike through line 4 
     on page 202 and insert the following:
       (b) Identification of Property.--The Secretary shall 
     identify, describe, and determine the property to be conveyed 
     pursuant to this section.
       On page 202, strike lines 5 through 11 and insert the 
     following:
       (c) Reversionary Interest.--The conveyance of property 
     described in subsection (b) shall be subject to the condition 
     that such property, and all right, title and interest in such 
     property, shall transfer to the City of Ketchikan if, within 
     18 months of the date of enactment of this Act, the Ketchikan 
     Indian Corporation has not completed design and construction 
     plans for a health and social services facility and received 
     approval from the City of Ketchikan for such plans or the 
     written consent of the City to exceed this period.
       (d) In the event that the property described in subsection 
     (b) is transferred to the City of Ketchikan under subsection 
     (c), the transfer shall be subject to the condition that all 
     right, title, and interest in and to the property shall 
     immediately revert to the United States if the property 
     ceases to be used by the City of Ketchikan.
       On page 202, beginning with line 22, strike through line 19 
     on page 203 and insert the following:
       (b) Identification of Property.--The Secretary shall 
     identify, describe, and determine the property to be conveyed 
     pursuant to this section.
       On page 204, line 19, strike ``shall expeditiously'' and 
     insert ``may''.
       On page 205, line 19, insert ``of Transportation (referred 
     to in this section as the `Secretary')'' after ``Secretary''.
       On page 206, line 25, strike ``States:'' and insert 
     ``States--''.
       On page 207, line 1, strike ``If'' and insert ``if''.
       On page 207, line 4, insert ``or'' after the semicolon.
       On page 207, line 24, insert ``(referred to in this section 
     as the `Secretary')'' after ``Transportation''.
       On page 209, between lines 15 and 16, insert the following:

     SEC. 1011. CONVEYANCE OF EQUIPMENT.

       The Secretary of Transportation may convey any unneeded 
     equipment from other vessels in the National Defense Reserve 
     Fleet to the JOHN W. BROWN and other qualified United States 
     memorial ships in order to maintain their operating 
     condition.

[[Page S 17353]]


     SEC. 1012. PROPERTY EXCHANGE.

       (a) Property Acquisition.--The Secretary may, by means of 
     an exchange of property, acceptance as a gift, or other means 
     that does not require the use of appropriated funds, 
     acquire all right, title, and interest in and to a parcel 
     or parcels of real property and any improvements thereto 
     located within the limits of the City and Borough of 
     Juneau, Alaska.
       (b) Acquisition Through Exchange.--For the purposes of 
     acquiring property under subsection (a) by means of an 
     exchange, the Secretary may convey all rights, title, and 
     interest of the United States in and to a parcel or parcels 
     of real property and any improvements thereto located within 
     the limits of the City and Borough of Juneau, Alaska and in 
     the control of the Coast Guard if the Secretary determines 
     that the exchange is in the best interest of the Coast Guard.
       (c) Terms and Conditions.--The Secretary may require such 
     terms and conditions under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
       On page 210, beginning on line 4, strike ``(a) Advisory 
     Board and Executive Committee.--Section'' and insert 
     ``Section''.
       On page 210, line 15, strike ``14'' and insert ``16''.
       On page 210, strike lines 16 through 19 and insert the 
     following:
       (5) by striking ``, Natural Resources, and Commerce and 
     Economic Development'' in subsection (c)(2)(A) and inserting 
     a comma and ``and Natural Resources'';
       On page 211, line 4, insert ``, Interior,'' after 
     ``Commerce''.
       On page 212, line 5, strike ``communities'' and insert 
     ``communities''.
       On page 212, line 16, strike ``Evaluation'' and insert 
     ``Scientific review''.
       On page 212, line 16, strike ``will'' and insert ``may''.
       On page 212, line 19, strike ``will perform the review'' 
     and insert ``shall perform the review, if requested,''.
       On page 213, strike lines 1 and 2 and insert the following:
       (12) by striking ``, Advisory Board,'' in the second 
     sentence of subsection (e);
       On page 215, line 5, insert ``documented under chapter 121 
     of title 46, United States Code, that was'' after ``vessel''.
       On page 215, line 6, strike ``or''.
       On page 215, line 7, strike ``1,200'' and insert ``1,500''.
       On page 215, line 12, strike the period and insert a 
     semicolon and ``or''.
       On page 215, between lines 12 and 13, insert the following:
       (3) a vessel in the National Defense Reserve Fleet pursuant 
     to section 11 of the Merchant Ship Sales Act of 1946 (50 
     U.S.C. App. 1744).
       On page 220, line 1, strike ``CONSOLIDATION OR''.
       On page 220, beginning on line 4, strike ``consolidate 
     or''.
       On page 220, line 6, after the period insert the following: 
     ``Nothing in this section prevents the consolidation of 
     management functions of these Coast Guard authorities.''.
       On page 220, line 14, strike ``Except as''.
       On page 222, line 13, insert ``a semicolon and'' after 
     ``inserting''.
       On page 222, line 21, insert ``a semicolon and'' after 
     ``inserting''.
       On page 223, beginning with line 1, strike through line 4 
     on page 224 and insert the following:
       (c) Leasing.--Section 12106 of title 46, United States 
     Code, is amended by adding at the end of the following:
       ``(e)(1) A certificate of documentation for a vessel may be 
     endorsed with a coastwise endorsement if--
       ``(A) the person that owns the vessel, a parent entity of 
     that person, or a subsidiary of a parent entity of that 
     person, is primarily engaged in leasing or other financing 
     transactions;
       ``(B) the vessel is under a demise charter to a person 
     qualifying as a citizen of the United States for engaging in 
     the coastwise trade under section 2 of the Shipping Act, 
     1916, and it is certified that there are no other agreements, 
     arrangements, or understandings between the vessel owner and 
     the demise charterer with respect to the operation or 
     management of the vessel;
       ``(C) the demise charter--
       ``(i) is for a period of at least 3 years or a shorter 
     period as may be prescribed by the Secretary; and
       ``(ii) charter hire is not significantly greater than that 
     prevailing in the commercial market; and under section 12102.
       ``(D) the vessel is otherwise eligible for documentation
       ``(2) The demise charter and any amendments to that charter 
     shall be filed with the certificate required by this 
     subsection, or within 10 days following the filing of 
     an amendment to the charter, and such charter and 
     amendments shall be made available to the public.
       ``(3) Upon default by a demise charterer required under 
     paragraph (1)(C), the coastwise endorsement of the vessel 
     may, in the sole discretion of the Secretary, be continued 
     after the termination for default of the demise charter for a 
     period not to exceed 6 months on such terms and conditions as 
     the Secretary may prescribe.
       ``(4) For purposes of section 2 of the Shipping Act, 1916, 
     and section 12102(a) of this title, a vessel meeting the 
     criteria of this subsection is deemed to be owned exclusively 
     by citizens of the United States.
       ``(5) A vessel eligible for documentation or to be endorsed 
     with a coastwise endorsement under this subsection is not 
     eligible for a fishery endorsement under section 12108.''.
       On page 226, line 18, insert ``transferred to or placed 
     under a foreign registry or'' after ``be''.
       On page 227, after line 10, add the following:
       (7) LAKE CHARLES (United States official number 619531).
       (8) LOUISIANA (United States official number 619532).
       (9) GAMMA (United States official number 598730).

     SEC. 1117. USE OF CANADIAN OIL SPILL RESPONSE AND RECOVERY 
                   VESSELS.

       Notwithstanding any other provision of law, oil spill 
     response and recovery vessels of Canadian registry may 
     operate in waters of the United States adjacent to the border 
     between Canada and the State of Maine, on an emergency and 
     temporary basis, for the purpose of recovering, transporting, 
     and unloading in a United States port oil discharged as a 
     result of an oil spill in or near such waters, if an adequate 
     number and type of oil spill response and recovery vessels 
     documented under the laws of the United States cannot be 
     engaged to recover oil from an oil spill in or near those 
     waters in a timely manner, as determined by the Federal On-
     Scene Coordinator for a discharge or threat of a discharge of 
     oil.

     SEC. 1118. JUDICIAL SALE OF CERTAIN DOCUMENTED VESSELS TO 
                   ALIENS.

       Section 31329 of title 46, United States Code, is amended 
     by adding at the end the following new subsection:
       ``(f) This section does not apply to a documented vessel 
     that has been operated only for pleasure.''.

     SEC. 1119. IMPROVED AUTHORITY TO SELL RECYCLABLE MATERIAL.

       Section 641(c)(2) of title 14, United States Code, is 
     amended by inserting before the period the following: 
     ``, except that the Commandant may conduct sales of 
     materials for which the proceeds of sale will not exceed 
     $5,000 under regulations prescribed by the Commandant''.

     SEC. 1120. DOCUMENTATION OF CERTAIN VESSELS.

       (a) General Certificates.--Notwithstanding sections 12106, 
     12107, and 12108 of title 46, United States Code, and section 
     27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), as 
     applicable on the date of enactment of this Act, the 
     Secretary of Transportation may issue a certificate of 
     documentation with appropriate endorsement for employment in 
     the coastwise trade for the following vessels:
       (1) ALPHA TANGO (United States official number 945782).
       (2) AURA (United States official number 1027807).
       (3) BABS (United States official number 1030028).
       (4) BAGGER (State of Hawaii number HA1809E).
       (5) BILLY BUCK (United States official number 939064).
       (6) CAPTAIN DARYL (United States official number 580125).
       (7) CHRISSY (State of Main registration number 4778B).
       (8) CONSORTIUM (United States official number 303328).
       (9) DRAGONESSA (United States official number 646512).
       (10) EMERALD AYES (United States official number 986099).
       (11) ENDEAVOUR (United States official number 947869).
       (12) EVENING STAR (Hull identification number HA2833700774 
     and State of Hawaii registration number HA8337D).
       (13) EXPLORER (United States official number 918080).
       (14) FOCUS (United States official number 909293).
       (15) FREJA VIKING (Danish registration number A395).
       (16) GLEAM (United States official number 921594).
       (17) GOD'S GRACE II (State of Alaska registration number 
     AK5916B).
       (18) HALCYON (United States official number 690219).
       (19) IDUN VIKING (Danish registration number A433).
       (20) INTREPID (United States official number 508185).
       (21) ISABELLE (United States official number 600655).
       (22) JAJO (Hull identification number R1Z200207H280 and 
     State of Rhode Island registration number 388133).
       (23) LADY HAWK (United States official number 961095).
       (24) LIV VIKING (Danish registration number A394).
  (25) MAGIC CARPET (United States official number 278971).
  (26) MARANTHA (United States official number 638787).
       (27) OLD HAT (United States official number 508299).
       (28) ONRUST (United States official number 515058).
       (29) PERSEVERANCE (Serial number 77NS8901).
       (30) PRIME TIME (United States official number 660944).
       (31) QUIETLY (United States official number 658315).
       (32) RESOLUTION (Serial number 77NS8701).
       (33) ROYAL AFFAIRE (United States official number 649292).
       (34) SARAH-CHRISTEN (United States official number 542195).

[[Page S 17354]]

       (35) SEA MISTRESS (United States official number 696806).
       (36) SERENITY (United States official number 1021393).
       (37) SHAMROCK V (United States official number 900936).
       (38) SHOOTER (United States official number 623333).
       (39) SISU (United States official number 293648).
       (40) SUNRISE (United States official number 950381).
       (41) TOO MUCH FUN (United States official number 936565).
       (42) TRIAD (United States official number 988602).
       (43) WEST FJORD (Hull identification number X-53-109).
       (44) WHY NOT (United States official number 688570).
       (45) WOLF GANG II (United States official number 984934).
       (46) YES DEAR (United States official number 578550).
       (47) 14 former United States Army hovercraft with serial 
     numbers (LACV-30-04, LACV-30-05, LACV-30-07, LACV-30-09, 
     LACV-30-10, LACV-30-13, LACV-30-14, LACV-30-15, LACV-30-16, 
     LACV-30-22, LACV-30-23, LACV-30-24, LACV-30-25, and LACV-30-
     26.
       (b) M/V Twin Drill.--Section 601(d) of the Coast Guard 
     Authorization Act of 1993 (Public Law 103-206, 107 Stat. 
     2445) is amended--
       (1) by striking ``June 30, 1995'' in paragraph (3) and 
     inserting ``June 30, 1996''; and
       (2) by striking ``12 months'' in paragraph (4) and 
     inserting ``24 months''.
       (c) Certificates of Documentation for Gallant Lady.--
       (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 (24 Stat. 81, chapter 421; 46 U.S.C. App. 289), 
     and section 12106 of title 46, United States Code, and 
     subject to paragraph (2), the Secretary of Transportation may 
     issue a certificate of documentation with an appropriate 
     endorsement for employment in coastwise trade for each of the 
     following vessels:
       (A) GALLANT LADY (Feadship hull number 645, approximately 
     130 feet in length).
       (B) GALLANT LADY (Feadship hull number 651, approximately 
     172 feet in length).
       (2) Limitation on operation.--Coastwise trade authorized 
     under a certificate of documentation issued for a vessel 
     under this section shall be limited to the carriage of 
     passengers in association with contributions to charitable 
     organizations no portion of which is received, directly or 
     indirectly, by the owner of the vessel.
       (3) Condition.--The Secretary may not issue a certificate 
     of documentation for a vessel under paragraph (1) unless, not 
     later than 90 days after the date of enactment of this Act, 
     the owner of the vessel referred to in paragraph (1)(B) 
     submits to the Secretary a letter expressing the intent of 
     the owner to, before April 1, 1997, enter into a contract for 
     the construction in the United States of a passenger vessel 
     of at least 130 feet in length.
       (4) Effective date of certificates.--A certificate of 
     documentation issued under paragraph (1) shall take effect--
       (A) for the vessel referred to in paragraph (1)(A), on the 
     date of the issuance of the certificate; and
       (B) for the vessel referred to in paragraph (1)(B), on the 
     date of delivery of the vessel to the owner.
       (5) Termination of effectiveness of certificates.--A 
     certificate of documentation issued for a vessel under 
     paragraph (1) shall expire--
       (A) on the date of the sale of the vessel by the owner;
       (B) on April 1, 1997, if the owner of the vessel referred 
     to in paragraph (1)(B) has not entered into a contract for 
     construction of a vessel in accordance with the letter of 
     intent submitted to the Secretary under paragraph (3); or
       (C) on such date as a contract referred to in paragraph (2) 
     is breached, rescinded, or terminated (other than for 
     completion of performance of the contract) by the owner of 
     the vessel referred to in paragraph (1)(B).
       (d) Certificates of Documentation for Enchanted Isle and 
     Enchanted Seas.--Notwithstanding section 27 of the Merchant 
     Marine Act, 1920 (46 U.S.C. App. 883), the Act of June 19, 
     1886 (46 U.S.C. App. 289), section 12106 of title 46, United 
     States Code, section 506 of the Merchant Marine Act, 1936 (46 
     U.S.C. App. 1156), and any agreement with the United States 
     Government, the Secretary of Transportation may issue 
     certificates of documentation with a coastwise endorsement 
     for the vessels ENCHANTED ISLES (Panamanian official number 
     14087-84B and ENCHANTED SEAS (Panamanian official number 
     14064-84D), except that the vessels may not operate between 
     or among islands in the State of Hawaii.

     SEC. 1121. VESSEL DEEMED TO BE A RECREATIONAL VESSEL.

       The vessel, an approximately 96 meter twin screw motor 
     yacht for which construction commenced in October, 1993, and 
     which has been assigned the builder's number 13583 (to be 
     named the LIMITLESS), is deemed for all purposes, including 
     title 46, United States Code, and all regulations thereunder, 
     to be a recreational vessel of less than 300 gross tons if it 
     does not--
       (1) carry cargo or passengers for hire; or
       (2) engage in commercial fisheries or oceanographic 
     research.

     SEC. 1122. SMALL PASSENGER VESSEL PILOT INSPECTION PROGRAM 
                   WITH THE STATE OF MINNESOTA.

       (a) In General.--The Secretary may enter into an agreement 
     with the State under which the State may inspect small 
     passenger vessels operating in waters of that State 
     designated by the Secretary, if--
       (1) the State plan for the inspection of small passenger 
     vessels meets such requirements as the Secretary may require 
     to ensure the safety and operation of such vessels in 
     accordance with the standards that would apply if the Coast 
     Guard were inspecting such vessels; and
       (2) the State will provide such information obtained 
     through the inspection program to the Secretary annually in 
     such form and in such detail as the Secretary may require.
       (b) Fees.--The Secretary may adjust or waive the user fee 
     imposed under section 3317 or title 46, United States Code, 
     for the inspection of small passenger vessels inspected under 
     the State program.
       (c) Termination.--The authority provided by subsection (a) 
     terminates on December 31, 1998.
       (d) Definitions.--For purposes of this section--
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating.
       (2) State.--The term ``State'' means the State of 
     Minnesota.
       (3) Small Passenger Vessel.--The term ``small passenger 
     vessel'' means a small passenger vessel (as defined in 
     section 2101(35) of title 46, United States Code) of not more 
     than 40 feet overall in length.

     SEC. 1123. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS 
                   FISHING.

       Section 8103(i)(1) of title 46, Untied States Code, is 
     amended--
       (1) by striking ``or'' in subparagraph (B);
       (2) by striking the period at the end of subparagraph (C) 
     and inserting a semicolon and ``or''; and
       (3) by adding at the end thereof the following:
       ``(D) an alien allowed to be employed under the immigration 
     laws of the Commonwealth of the Northern Mariana Islands if 
     the vessel is permanently stationed at a port within the 
     Commonwealth and the vessel engaged in the fisheries within 
     the exclusive economic zone surrounding the Commonwealth or 
     another United States territory or possession.''.

     SEC. 1124. AVAILABILITY OF EXTRAJUDICIAL REMEDIES FOR DEFAULT 
                   ON PREFERRED MORTGAGE LIENS ON VESSELS.

       (a) Availability of Extrajudicial Remedies.--Section 
     31325(b) of title 46, United States Code, is amended--
       (1) in the matter preceding paragraph (1) by striking 
     ``mortgage may'' and inserting ``mortgagee may'';
       (2) in paragraph (1) by--
       (A) striking ``perferred'' and inserting ``preferred''; and
       (B) striking ``; and'' and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(3) enforce the preferred mortgage lien or a claim for 
     the outstanding indebtedness secured by the mortgaged vessel, 
     or both, by exercising any other remedy (including an 
     extrajudicial remedy) against a documented vessel, a vessel 
     for which an application for documentation is filed under 
     chapter 121 of this title, a foreign vessel, or a mortgagor, 
     maker, comaker, or guarantor for the amount of the 
     outstanding indebtedness or any deficiency in full payment of 
     that indebtedness, if--
       ``(A) the remedy is allowed under applicable law; and
       ``(B) the exercise of the remedy will not result in a 
     violation of section 9 or 37 of the Shipping Act, 1916 (46 
     U.S.C. App. 808, 835).''.
       (b) Notice.--Section 31325 of title 46, United States Code, 
     is further amended by adding at the end the following:
       ``(f)(1) Before title to the documented vessel or vessel 
     for which an application for documentation is filed under 
     chapter 121 is transferred by an extrajudicial remedy, the 
     person exercising the remedy shall give notice of the 
     proposed transfer to the Secretary, to the mortgagee of any 
     mortgage on the vessel filed in substantial compliance with 
     section 31321 of this title before notice of the proposed 
     transfer is given to the Secretary, and to any person that 
     recorded a notice of a claim of a undischarged lien on the 
     vessel under section 31343(a) or (d) of this title before 
     notice of the proposed transfer is given to the Secretary.
       ``(2) Failure to give notice as required by this subsection 
     shall not affect the transfer of title to a vessel. However, 
     the rights of any holder of a maritime lien or a preferred 
     mortgage on the vessel shall not be affected by a transfer 
     of title by an extrajudicial remedy exercised under this 
     section, regardless of whether notice is required by this 
     subsection or given.
       ``(3) The Secretary shall prescribe regulations 
     establishing the time and manner for providing notice under 
     this subsection.''.
       (c) Rule of Construction.--The amendments made by 
     subsections (a) and (b) may not be construed to imply that 
     remedies other than judicial remedies were not available 
     before the date of enactment of this section to enforce 
     claims for outstanding indebtedness secured by mortgaged 
     vessels.
       Amend the table of sections as follows:
       After the item relating to section 207, insert the 
     following:

Sec. 208. Access to National Driver Register information on certain 
              Coast Guard personnel.
Sec. 209. Coast Guard housing authorities.
Sec. 210. Board for correction of military records deadline.


[[Page S 17355]]

       Strike the item relating to section 302 and insert the 
     following:

Sec. 302. Nondisclosure of port security plans.
       After the item relating to section 311, insert the 
     following:

Sec. 312. Withholding vessel clearance for violation of certain acts.

       After the item relating to section 1010, insert the 
     following:

Sec. 1011. Conveyance of equipment.
Sec. 1012. Property exchange.
  Strike ``consolidation or'' in the time relating to section 1109.

       After the item relating to section 1116, insert the 
     following:

Sec. 1117. Use of Canadian oil spill response and recovery vessels.
Sec. 1118. Judicial sale of certain documented vessels to aliens.
Sec. 1119. Improved authority to sell recyclable material.
Sec. 1120. Documentation of certain vessels.
Sec. 1121. Vessel deemed to be a recreational vessel.
Sec. 1122. Small passenger vessel pilot inspection program with the 
              State of Minnesota.
Sec. 1123. Commonwealth of the Northern Mariana Islands fishing.
Sec. 1124. Availability of extrajudicial remedies for default on 
              preferred mortgage liens on vessels.
                                 ______


                STEVENS (AND OTHERS) AMENDMENT NO. 3059

  Mr. LOTT (for Mr. Stevens, for himself, Mr. Chafee, Mr. Breaux, and 
Ms. Snowe) proposed an amendment to the bill, S. 1004, supra; as 
follows:

       At the appropriate place in the bill, insert the following 
     new section:

     SEC.  . OFFSHORE FACILITY FINANCIAL RESPONSIBILITY 
                   REQUIREMENTS.

       (a) Amount of Financial Responsibility.--Section 1016(c)(1) 
     of the Oil Pollution Act of 1990 (33 U.S.C. 2716(c)(1)) is 
     amended to read as follows:
       ``(1) In general.----
       ``(A) Evidence of financial responsibility required.--
     Except as provided in paragraph (2), a responsible party with 
     respect to an offshore facility that.----
       ``(i)(I) is located seaward of the line of ordinary low 
     water along that portion of the coast that is in direct 
     contact with the open sea and the line marking the seaward 
     limit of inland waters; or
       ``(II) is located in inland waters, such as coastal bays or 
     estuaries, seaward of the line of ordinary low water along 
     that portion of the coast that is not in direct contact with 
     the open sea;
       ``(ii) is used for exploring for, drilling for, or 
     producing oil, or for transporting oil from facilities 
     engaged in oil exploration, drilling, or production; and
       ``(iii) has a worst-case oil spill discharge potential of 
     more than 1,000 barrels of oil (or a lesser amount if the 
     President determines that the risks posed by such facility 
     justify it),

     shall establish and maintain evidence of financial 
     responsibility in the amount required under subparagraph (B) 
     or (C), as applicable.
       ``(B) Amount required generally.--Except as provided in 
     subparagraph (C), the amount of financial responsibility for 
     offshore facilities that meet the criteria in subparagraph 
     (A) is----
       ``(i) $35,000,000 for offshore facilities located seaward 
     of the seaward boundary of a State; or
       ``(ii) $10,000,000 for offshore facilities located landward 
     of the seaward boundary of a State.
       ``(C) Greater amount.--If the President determines that an 
     amount of financial responsibility for a responsible party 
     greater than the amount required by subparagraphs (B) and (D) 
     is justified by the relative operational, environmental, 
     human health, and other risks posed by the quantity or 
     quality of oil that is explored for, drilled for, produced, 
     stored, handled, transferred, processed or transported by the 
     responsible party, the evidence of financial responsibility 
     required shall be for an amount determined by the President 
     not exceeding $150,000,000.
       ``(D) Multiple facilities.--In the case in which a person 
     is a responsible party for more than one facility subject to 
     this subsection, evidence of financial responsibility need be 
     established only to meet the amount applicable to the 
     facility having the greatest financial responsibility 
     requirement under this subsection.
       ``(E) State jurisdiction.--The requirements of this 
     paragraph shall not apply if an offshore facility located 
     landward of the seaward boundary of a State is required by 
     such State to establish and maintain evidence of financial 
     responsibility in a manner comparable to, and in an amount 
     equal to or greater than, the requirements of this paragraph.
       ``(F) Definition.--For the purpose of this paragraph, the 
     phrase ``seaward boundary of a state'' shall mean the 
     boundaries described in section 2(b) of the Submerged Lands 
     Act (43 U.S.C. 1301(b)).''.
                                 ______


                        KERRY AMENDMENT NO. 3060

  Mr. LOTT (for Mr. Kerry) proposed an amendment to the bill, S. 1004, 
supra; as follows:

       At the appropriate place insert the following:

     SEC.   . DEAUTHORIZATION OF NAVIGATION PROJECT, COHASSET 
                   HARBOR, MASSACHUSETTS.

       the following portions of the project for navigation, 
     Cohasset Harbor, Massachusetts, authorized by section 2 of 
     the Act entitled ``An Act authorizing the construction, 
     repair, and preservation of certain public works on rivers 
     and harbors, and for other purposes'', approved March 2, 1945 
     (59 Stat. 12), or carried out pursuant to section 107 of the 
     River and Harbor Act of 1960 (33 U.S.C. 577), are 
     deauthorized: A 7-foot deep anchorage and a 6-foot deep 
     anchorage; beginning at site 1, starting at a point 
     N453510.15, E792664.63, thence running south 53 degrees 07 
     minutes 05.4 seconds west 307.00 feet to a point N453325.90, 
     E792419.07, thence running north 57 degrees 56 minutes 
     36.8 seconds west 201.00 feet to a point N453432.58, 
     E792248.72, thence running south 88 degrees 57 minutes 
     25.6 seconds west 50.00 feet to a point N453431.67, 
     E792198.73, thence running north 01 degree 02 minutes 52.3 
     seconds west 66.71 feet to a point N453498.37, E792197.51, 
     thence running north 69 degrees 12 minutes 52.3 seconds 
     east 332.32 feet to a point N453616.30, E792508.20, thence 
     running south 55 degrees 50 minutes 24.1 seconds east 
     189.05 feet to point of origin; then site 2, starting at a 
     point, N452886.64, E791287.83, thence running south 00 
     degrees 00 minutes 00.0 seconds west 56.04 feet to a 
     point, N452830.60, E791287.83, thence running north 90 
     degrees 00 minutes 00.0 seconds west 101.92 feet to a 
     point, N452830.60, E791185.91, thence running north 52 
     degrees 12 minutes 49.7 seconds east 89.42 feet to point, 
     N452885.39, E791256.58, thence running north 87 degrees 42 
     minutes 33.8 seconds east 31.28 feet to point of origin; 
     and site 3, starting at a point, N452261.08, E792040.24, 
     thence running north 89 degrees 07 minutes 19.5 seconds 
     east 118.78 feet to a point, N452262.90, E792159.01, 
     thence running south 43 degrees 39 minutes 06.8 seconds 
     west 40.27 feet to a point, N452233.76, E792131.21, thence 
     running north 74 degrees 33 minutes 29.1 seconds west 
     99.42 feet to a point, N452258.90, E792040.20, thence 
     running north 01 degree 03 minutes 04.3 seconds east 2.18 
     feet to point of origin.
       Amend the table of sections by inserting at the appropriate 
     place the following:

Sec.----.Deauthorization of navigation project, Cohasset Harbor, 
              Massachusetts.

              

                          ____________________