[Congressional Record Volume 142, Number 136 (Friday, September 27, 1996)]
[House]
[Pages H11485-H11524]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


_______________________________________________________________________

  CONFERENCE REPORT ON S. 1004, COAST GUARD AUTHORIZATION ACT OF 1996

  Mr. SHUSTER submitted the following conference report and statement 
on the Senate bill (S. 1004) to authorize appropriations for the U.S. 
Coast Guard, and for other purposes:

                  Conference Report (H. Rept. 104-854)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the House to the bill (S. 
     1004) to authorize appropriations for the United States Coast 
     Guard, and for other purposes, having met, after full and 
     free conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the Senate recede from its disagreement to the 
     amendment of the House and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the House 
     amendment, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Coast Guard Authorization 
     Act of 1996''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Quarterly reports on drug interdiction.
Sec. 104. Sense of the Congress regarding funding for Coast Guard.

               TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

Sec. 201. Provision of child development services.
Sec. 202. Hurricane Andrew relief.
Sec. 203. Dissemination of results of 0-6 continuation boards.
Sec. 204. Exclude certain reserves from end-of-year strength.
Sec. 205. Officer retention until retirement eligible.
Sec. 206. Recruiting.
Sec. 207. Access to National Driver Register information on certain 
              Coast Guard personnel.
Sec. 208. Coast Guard housing authorities.
Sec. 209. Board for Correction of Military Records deadline.
Sec. 210. Repeal temporary promotion of warrant officers.
Sec. 211. Appointment of temporary officers.
Sec. 212. Information to be provided to officer selection boards.
Sec. 213. Rescue diver training for selected Coast Guard personnel.
Sec. 214. Special authorities regarding Coast Guard.

       TITLE III--MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT

Sec. 301. Changes to documentation laws.
Sec. 302. Nondisclosure of port security plans.
Sec. 303. Maritime drug and alcohol testing program civil penalty.
Sec. 304. Renewal of advisory groups.
Sec. 305. Electronic filing of commercial instruments.
Sec. 306. Civil penalties.
Sec. 307. Amendment to require EPIRBs on the Great Lakes.
Sec. 308. Report on LORAN-C requirements.
Sec. 309. Small boat stations.
Sec. 310. Penalty for alteration of marine safety equipment.
Sec. 311. Prohibition on overhaul, repair, and maintenance of Coast 
              Guard vessels in foreign shipyards.
Sec. 312. Withholding vessel clearance for violation of certain Acts.
Sec. 313. Information barred in legal proceedings.
Sec. 314. Marine casualty reporting.

[[Page H11486]]

                    TITLE IV--COAST GUARD AUXILIARY

Sec. 401. Administration of the Coast Guard auxiliary.
Sec. 402. Purpose of the Coast Guard auxiliary.
Sec. 403. Members of the auxiliary; status.
Sec. 404. Assignment and performance of duties.
Sec. 405. Cooperation with other agencies, States, territories, and 
              political subdivisions.
Sec. 406. Vessel deemed public vessel.
Sec. 407. Aircraft deemed public aircraft.
Sec. 408. Disposal of certain material.

                 TITLE V--DEEPWATER PORT MODERNIZATION

Sec. 501. Short title.
Sec. 502. Declarations of purpose and policy.
Sec. 503. Definitions.
Sec. 504. Licenses.
Sec. 505. Informational filings.
Sec. 506. Antitrust review.
Sec. 507. Operation.
Sec. 508. Marine environmental protection and navigational safety.

                TITLE VI--COAST GUARD REGULATORY REFORM

Sec. 601. Short title.
Sec. 602. Safety management.
Sec. 603. Use of reports, documents, records, and examinations of other 
              persons.
Sec. 604. Equipment approval.
Sec. 605. Frequency of inspection.
Sec. 606. Certificate of inspection.
Sec. 607. Delegation of authority of Secretary to classification 
              societies.

             TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS

Sec. 701. Amendment of inland navigation rules.
Sec. 702. Measurement of vessels.
Sec. 703. Longshore and harbor workers compensation.
Sec. 704. Radiotelephone requirements.
Sec. 705. Vessel operating requirements.
Sec. 706. Merchant Marine Act, 1920.
Sec. 707. Merchant Marine Act, 1956.
Sec. 708. Maritime education and training.
Sec. 709. General definitions.
Sec. 710. Authority to exempt certain vessels.
Sec. 711. Inspection of vessels.
Sec. 712. Regulations.
Sec. 713. Penalties--Inspection of vessels.
Sec. 714. Application--Tank vessels.
Sec. 715. Tank vessel construction standards.
Sec. 716. Tanker minimum standards.
Sec. 717. Self-propelled tank vessel minimum standards.
Sec. 718. Definition--Abandonment of barges.
Sec. 719. Application--Load lines.
Sec. 720. Licensing of individuals.
Sec. 721. Able seamen--Limited.
Sec. 722. Able seamen--Offshore supply vessels.
Sec. 723. Scale of employment--Able seamen.
Sec. 724. General requirements--Engine department.
Sec. 725. Complement of inspected vessels.
Sec. 726. Watchmen.
Sec. 727. Citizenship and Naval Reserve requirements.
Sec. 728. Watches.
Sec. 729. Minimum number of licensed individuals.
Sec. 730. Officers' competency certificates convention.
Sec. 731. Merchant mariners' documents required.
Sec. 732. Certain crew requirements.
Sec. 733. Freight vessels.
Sec. 734. Exemptions.
Sec. 735. United States registered pilot service.
Sec. 736. Definitions--Merchant seamen protection.
Sec. 737. Application--Foreign and intercoastal voyages.
Sec. 738. Application--Coastwise voyages.
Sec. 739. Fishing agreements.
Sec. 740. Accommodations for seamen.
Sec. 741. Medicine chests.
Sec. 742. Logbook and entry requirements.
Sec. 743. Coastwise endorsements.
Sec. 744. Fishery endorsements.
Sec. 745. Convention tonnage for licenses, certificates, and documents.
Sec. 746. Technical corrections.
Sec. 747. Technical corrections to references to ICC.

                    TITLE VIII--POLLUTION FROM SHIPS

Sec. 801. Prevention of pollution from ships.
Sec. 802. Marine plastic pollution research and control.

                     TITLE IX--TOWING VESSEL SAFETY

Sec. 901. Reduction of oil spills from non-self-propelled tank vessels.
Sec. 902. Requirement for fire suppression devices.
Sec. 903. Studies addressing various sources of oil spill risk.

                          TITLE X--CONVEYANCES

Sec. 1001. Conveyance of lighthouses.
Sec. 1002. Conveyance of certain lighthouses located in Maine.
Sec. 1003. Transfer of Coast Guard property in Gosnold, Massachusetts.
Sec. 1004. Conveyance of property in Ketchikan, Alaska.
Sec. 1005. Conveyance of property in Traverse City, Michigan.
Sec. 1006. Transfer of Coast Guard property in New Shoreham, Rhode 
              Island.
Sec. 1007. Conveyance of property in Santa Cruz, California.
Sec. 1008. Conveyance of vessel S/S RED OAK VICTORY.
Sec. 1009. Conveyance of equipment.
Sec. 1010. Property exchange.
Sec. 1011. Authority to convey Whitefish Point Light Station land.
Sec. 1012. Conveyance of Parramore Beach Coast Guard Station, Virginia.
Sec. 1013. Conveyance of Jeremiah O'Brien.

                        TITLE XI--MISCELLANEOUS

Sec. 1101. Florida Avenue Bridge.
Sec. 1102. Oil Spill Recovery Institute.
Sec. 1103. Limited double hull exemptions.
Sec. 1104. Oil spill response vessels.
Sec. 1105. Service in certain suits in admiralty.
Sec. 1106. Amendments to the Johnson Act.
Sec. 1107. Lower Columbia River maritime fire and safety activities.
Sec. 1108. Oil pollution research training.
Sec. 1109. Limitation on relocation of Houston and Galveston marine 
              safety offices.
Sec. 1110. Uninspected fish tender vessels.
Sec. 1111. Foreign passenger vessel user fees.
Sec. 1112. Coast Guard user fees.
Sec. 1113. Vessel financing.
Sec. 1114. Manning and watch requirements on towing vessels on the 
              Great Lakes.
Sec. 1115. Repeal of Great Lakes endorsements.
Sec. 1116. Relief from United States documentation requirements.
Sec. 1117. Use of foreign registry oil spill response 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.
Sec. 1125. Offshore facility financial responsibility requirements.
Sec. 1126. Deauthorization of navigation project, Cohasset Harbor, 
              Massachusetts.
Sec. 1127. Sense of Congress; requirement regarding notice.
Sec. 1128. Requirement for procurement of buoy chain.
Sec. 1129. Cruise ship liability.
Sec. 1130. Sense of Congress on the implementation of regulations 
              regarding animal fats and vegetable oils.
Sec. 1131. Term of Director of the Bureau of Transportation Statistics.
Sec. 1132. Waiver of certain requirements for historic former 
              Presidential Yacht Sequoia.
Sec. 1133. Vessel requirements.
Sec. 1134. Existing tank vessel research.
Sec. 1135. Plan for the engineering, design, and retrofitting of the 
              Icebreaker Mackinaw.
Sec. 1136. Cross-border financing.
Sec. 1137. Vessel standards.
Sec. 1138. Vessels subject to the jurisdiction of the United States.
Sec. 1139. Reactivation of closed shipyards.
Sec. 1140. Sakonnet Point Light.
Sec. 1141. Dredging of Rhode Island Waterways.
Sec. 1142. Interim payments.
Sec. 1143. Oil spill information.
Sec. 1144. Compliance with oil spill response plans.
Sec. 1145. Bridge deemed to unreasonably obstruct navigation.
Sec. 1146. Fishing vessel exemption.
                         TITLE I--AUTHORIZATION

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Funds are authorized to be appropriated 
     for necessary expenses of the Coast Guard, as follows:
       (1) For the operation and maintenance of the Coast Guard--
       (A) for fiscal year 1996, $2,618,316,000; and
       (B) for fiscal year 1997, $2,637,800,000;
     of which $25,000,000 shall be derived each fiscal year 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--
       (A) for fiscal year 1996, $428,200,000; and
       (B) for fiscal year 1997, $411,600,000;
     to remain available until expended, of which $32,500,000 for 
     fiscal year 1996 and $20,000,000 for fiscal year 1997 shall 
     be derived each fiscal year 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--
       (A) for fiscal year 1996, $22,500,000; and
       (B) for fiscal year 1997, $20,300,000;
     to remain available until expended, of which $3,150,000 for 
     fiscal year 1996 and $5,020,000 for fiscal year 1997 shall be 
     derived each fiscal year 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--
       (A) for fiscal year 1996, $582,022,000; and
       (B) for fiscal year 1997, $608,100,000.
       (5) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Bridge Alteration Program--

[[Page H11487]]

       (A) for fiscal year 1996, $25,300,000, to remain available 
     until expended; and
       (B) for fiscal year 1997, $25,100,000, to remain available 
     until expended.
       (6) For environmental compliance and restoration at Coast 
     Guard facilities (other than parts and equipment associated 
     with operations and maintenance), $25,000,000 for each of 
     fiscal years 1996 and 1997, to remain available until 
     expended.
       (b) Amounts From the Discretionary Bridge Program.--(1) 
     Section 104 of title 49, United States Code, is amended by 
     adding at the end thereof the following:
       ``(e) Notwithstanding the provisions of sections 101(d) and 
     144 of title 23, highway bridges determined to be 
     unreasonable obstructions to navigation under the Truman-
     Hobbs Act may be funded from amounts set aside from the 
     discretionary bridge program. The Secretary shall transfer 
     these allocations and the responsibility for administration 
     of these funds to the United States Coast Guard.''.
       (2) Notwithstanding any other provision of law, the 
     Secretary of Transportation shall allocate out of funds 
     available, $9,100,000 for the John F. Limehouse Memorial 
     Bridge, Charleston, South Carolina. The allocation shall be 
     deposited in the Truman-Hobbs bridge program account. The 
     Secretary shall transfer this allocation and responsibility 
     for administration of these funds to the United States Coast 
     Guard.

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

       (a) Active Duty Strength.--The Coast Guard is authorized an 
     end-of-year strength for active duty personnel of--
       (1) 38,400 as of September 30, 1996; and
       (2) 37,561 as of September 30, 1997.
       (b) Military Training Student Loads.--The Coast Guard is 
     authorized average military training student loads as 
     follows:
       (1) For recruit and special training--
       (A) for fiscal year 1996, 1604 student years; and
       (B) for fiscal year 1997, 1604 student years.
       (2) For flight training--
       (A) for fiscal year 1996, 85 student years; and
       (B) for fiscal year 1997, 95 student years.
       (3) For professional training in military and civilian 
     institutions--
       (A) for fiscal year 1996, 330 student years; and
       (B) for fiscal year 1997, 295 student years.
       (4) For officer acquisition--
       (A) for fiscal year 1996, 874 student years; and
       (B) for fiscal year 1997, 878 student years.

     SEC. 103. QUARTERLY REPORTS ON DRUG INTERDICTION.

       Not later than 30 days after the end of each fiscal year 
     quarter, the Secretary of Transportation shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on all expenditures 
     related to drug interdiction activities of the Coast Guard 
     during that quarter.

     SEC. 104. SENSE OF THE CONGRESS REGARDING FUNDING FOR COAST 
                   GUARD.

       It is the sense of the Congress that in appropriating 
     amounts for the Coast Guard, the Congress should appropriate 
     amounts adequate to enable the Coast Guard to carry out all 
     extraordinary functions and duties the Coast Guard is 
     required to undertake in addition to its normal functions 
     established by law.
               TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT

     SEC. 201. PROVISION OF CHILD DEVELOPMENT SERVICES.

       (a) In General.--Title 14, United States Code, is amended 
     by inserting after section 514 the following new section:

     ``Sec. 515. Child development services

       ``(a) The Commandant may make child development services 
     available for members and civilian employees of the Coast 
     Guard, and thereafter as space is available for members of 
     the Armed Forces and Federal civilian employees. Child 
     development service benefits provided under the authority of 
     this section shall be in addition to benefits provided under 
     other laws.
       ``(b)(1) Except as provided in paragraph (2), the 
     Commandant may require that amounts received as fees for the 
     provision of services under this section at Coast Guard child 
     development centers be used only for compensation of 
     employees at those centers who are directly involved in 
     providing child care.
       ``(2) If the Commandant determines that compliance with the 
     limitation in paragraph (1) would result in an uneconomical 
     and inefficient use of such fee receipts, the Commandant may 
     (to the extent that such compliance would be uneconomical and 
     inefficient) use such receipts--
       ``(A) for the purchase of consumable or disposable items 
     for Coast Guard child development centers; and
       ``(B) if the requirements of such centers for consumable or 
     disposable items for a given fiscal year have been met, for 
     other expenses of those centers.
       ``(c) The Commandant shall provide for regular and 
     unannounced inspections of each child development center 
     under this section and may use Department of Defense or other 
     training programs to ensure that all child development center 
     employees under this section meet minimum standards of 
     training with respect to early childhood development, 
     activities and disciplinary techniques appropriate to 
     children of different ages, child abuse prevention and 
     detection,and appropriate emergency medical procedures.
       ``(d) Of the amounts available to the Coast Guard each 
     fiscal year for operating expenses (and in addition to 
     amounts received as fees), the Secretary may use for child 
     development services under this section an amount not to 
     exceed the total amount the Commandant estimates will be 
     received by the Coast Guard in the fiscal year as fees for 
     the provision of those services.
       ``(e) The Commandant may use appropriated funds available 
     to the Coast Guard to provide assistance to family home day 
     care providers so that family home day care services can be 
     provided to uniformed service members and civilian employees 
     of the Coast Guard at a cost comparable to the cost of 
     services provided by Coast Guard child development centers.
       ``(f) The Secretary shall promulgate regulations to 
     implement this section. The regulations shall establish fees 
     to be charged for child development services provided under 
     this section which take into consideration total family 
     income.
       ``(g) For purposes of this section, the term `child 
     development center' does not include a child care services 
     facility for which space is allotted under section 616 of the 
     Act of December 22, 1987 (40 U.S.C. 490b).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 13 of title 14, United States Code, is 
     amended by inserting after the item related to section 514 
     the following:

``515. Child development services.''.

     SEC. 202. HURRICANE ANDREW RELIEF.

       Section 2856 of the National Defense Authorization Act for 
     Fiscal Year 1993 (Pub. L. 102-484) applies to the military 
     personnel of the Coast Guard who were assigned to, or 
     employed at or in connection with, any Federal facility or 
     installation in the vicinity of Homestead Air Force Base, 
     Florida, including the areas of Broward, Collier, Dade, and 
     Monroe Counties, on or before August 24, 1992, except that 
     funds available to the Coast Guard, not to exceed $25,000, 
     shall be used. The Secretary of Transportation shall 
     administer the provisions of section 2856 for the Coast 
     Guard.

     SEC. 203. DISSEMINATION OF RESULTS OF 0-6 CONTINUATION 
                   BOARDS.

       Section 289(f) of title 14, United States Code, is amended 
     by striking ``Upon approval by the President, the names of 
     the officers selected for continuation on active duty by the 
     board shall be promptly disseminated to the service at 
     large.''.

     SEC. 204. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH.

       Section 712 of title 14, United States Code, is amended by 
     adding at the end the following:
       ``(d) Reserve members ordered to active duty under this 
     section shall not be counted in computing authorized strength 
     of members on active duty or members in grade under this 
     title or under any other law.''.

     SEC. 205. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE.

       Section 283(b) of title 14, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(b)'';
       (2) by striking the last sentence; and
       (3) by adding at the end the following:
       ``(2) Upon the completion of a term under paragraph (1), an 
     officer shall, unless selected for further continuation--
       ``(A) except as provided in subparagraph (B), be honorably 
     discharged with severance pay computed under section 286 of 
     this title;
       ``(B) in the case of an officer who has completed at least 
     18 years of active service on the date of discharge under 
     subparagraph (A), be retained on active duty and retired on 
     the last day of the month in which the officer completes 20 
     years of active service, unless earlier removed under another 
     provision of law; or
       ``(C) if, on the date specified for the officer's discharge 
     under this section, the officer has completed at least 20 
     years of active service or is eligible for retirement under 
     any law, be retired on that date.''.

     SEC. 206. RECRUITING.

       (a) Campus Recruiting.--Section 558 of the National Defense 
     Authorization Act for Fiscal Year 1995 (108 Stat. 2776) is 
     amended--
       (1) by inserting ``or the Department of Transportation'' in 
     subsection (a)(1) after ``the Department of Defense'';
       (2) by inserting ``or the Secretary of Transportation'' 
     after ``the Secretary of Defense'' in subsection (a)(1); and
       (3) by inserting ``and the Secretary of Transportation'' 
     after ``the Secretary of Education'' in subsection (b).
       (b) Funds for Recruiting.--The text of section 468 of title 
     14, United States Code, is amended to read as follows:
       ``The Coast Guard may expend operating expense funds for 
     recruiting activities, including but not limited to 
     advertising and entertainment, in order to--
       ``(1) obtain recruits for the Service and cadet applicants; 
     and
       ``(2) gain support of recruiting objectives from those who 
     may assist in the recruiting effort.''.
       (c) Recruitment of Women and Minorities.--Not later than 
     January 31, 1997, the Commandant of the Coast Guard shall 
     report to the Committee on Transportation and Infrastructure 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate, on the 
     status of and the problems in recruitment of women and 
     minorities into the Coast Guard. The report shall contain 
     specific plans to increase the recruitment of women and 
     minorities and legislative recommendations needed to increase 
     the recruitment of women and minorities.

     SEC. 207. ACCESS TO NATIONAL DRIVER REGISTER INFORMATION ON 
                   CERTAIN COAST GUARD PERSONNEL.

       (a) Amendment to Title 14.--Section 93 of title 14, United 
     States Code, is amended--
       (1) by striking ``and'' after the semicolon at the end of 
     paragraph (t);
       (2) by striking the period at the end of paragraph (u) and 
     inserting ``; and''; and

[[Page H11488]]

       (3) by adding at the end the following new paragraph:
       ``(v) require that any 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. 208. COAST GUARD HOUSING AUTHORITIES.

       (a) In General.--Title 14, United States Code, is amended 
     by adding after chapter 17 the following new chapter:

             ``CHAPTER 18--COAST GUARD HOUSING AUTHORITIES

``Sec.
``680. Definitions.
``681. General authority.
``682. Loan guarantees.
``683. Leasing of housing to be constructed.
``684. Limited partnerships in nongovernmental entities.
``685. Conveyance or lease of existing property and facilities.
``686. Assignment of members of the armed forces to housing units.
``687. Coast Guard Housing Fund.
``688. Reports.
``689. Expiration of authority.

     ``Sec. 680. Definitions

       ``In this chapter:
       ``(1) The term `construction' means the construction of 
     military housing units and ancillary supporting facilities or 
     the improvement or rehabilitation of existing units or 
     ancillary supporting facilities.
       ``(2) The term `contract' includes any contract, lease, or 
     other agreement entered into under the authority of this 
     chapter.
       ``(3) The term `military unaccompanied housing' means 
     military housing intended to be occupied by members of the 
     armed forces serving a tour of duty unaccompanied by 
     dependents.
       ``(4) The term `United States' includes the Commonwealth of 
     Puerto Rico, Guam, the United States Virgin Islands, and the 
     District of Columbia.

     ``Sec. 681. General authority

       ``(a) Authority.--In addition to any other authority 
     providing for the acquisition or construction of military 
     family housing or military unaccompanied housing, the 
     Secretary may exercise any authority or any combination of 
     authorities provided under this chapter in order to provide 
     for the acquisition or construction 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.
       ``(b) Limitation on Appropriations.--No appropriation shall 
     be made to acquire or construct military family housing or 
     military unaccompanied housing under this chapter if that 
     acquisition or construction has not been approved by 
     resolutions adopted by the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate.

     ``Sec. 682. Loan guarantees

       ``(a) Loan Guarantees.--
       ``(1) Subject to subsection (b), 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, or construct 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) 80 percent of the value of the project; or
       ``(B) 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 the United States with respect to such 
     guarantees.
       ``(4) The funds for the loan guarantees entered into under 
     this section shall be held in the Coast Guard Housing Fund 
     under section 687 of this title. The Secretary is authorized 
     to purchase mortgage insurance to guarantee loans in lieu of 
     guaranteeing loans directly against funds held in the Coast 
     Guard Housing Fund.
       ``(b) Limitation on Guarantee Authority.--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 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 guarantees made under 
     this section.

     ``Sec. 683. Leasing of housing to be constructed

       ``(a) Build and Lease Authorized.--The Secretary may enter 
     into contracts for the lease of military family housing units 
     or military unaccompanied housing units to be constructed 
     under this chapter.
       ``(b) Lease Terms.--A contract under this section may be 
     for any period that the Secretary determines appropriate and 
     may provide for the owner of the leased property to operate 
     and maintain the property.

     ``Sec. 684. Limited partnerships with nongovernmental 
       entities

       ``(a) Limited Partnerships Authorized.--The Secretary may 
     enter into limited partnerships with nongovernmental entities 
     carrying out projects for the acquisition or construction of 
     housing units suitable for use as military family housing or 
     as military unaccompanied housing.
       ``(b) Limitation on Value of Investment in Limited 
     Partnership.--(1) The cash amount of an investment under this 
     section in a nongovernmental entity may not exceed an amount 
     equal to 33\1/3\ 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 or construction of 
     housing, means the total amount of the costs included in the 
     basis of the housing for Federal income tax purposes.
       ``(c) Collateral Incentive Agreements.--The Secretary shall 
     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 and 
     their dependents in the lease or purchase, as the case may 
     be, of a reasonable number of the housing units covered by 
     the investment.

     ``Sec. 685. Conveyance or lease of existing property and 
       facilities

       ``(a) Conveyance or Lease Authorized.--The Secretary may 
     convey or lease property or facilities (including ancillary 
     support facilities) to private persons for purposes of using 
     the proceeds of such conveyance or lease to carry out 
     activities under this chapter.
       ``(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 
     chapter 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 and their dependents 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. 686. 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 or constructed under 
     this chapter.
       ``(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 or constructed under this chapter to 
     make lease payments for such housing pursuant to allotments 
     of the pay of such members under section 701 of title 37.

     ``Sec. 687. Coast Guard Housing Fund

       ``(a) Establishment.--There is hereby established on the 
     books of the Treasury an account

[[Page H11489]]

     to be known as the Coast Guard Housing Fund (in this section 
     referred to as the `Fund').
       ``(b) Credits to Fund.--There shall be credited to the Fund 
     the following:
       ``(1) Amounts authorized for and appropriated to that Fund.
       ``(2) Subject to subsection (e), any amounts that the 
     Secretary transfers, in such amounts as provided in 
     appropriation Acts, to that Fund from amounts authorized and 
     appropriated to the Department of Transportation or Coast 
     Guard for the acquisition or construction of military family 
     housing or unaccompanied housing.
       ``(3) Proceeds from the conveyance or lease of property or 
     facilities under section 685 of this title for the purpose of 
     carrying out activities under this chapter with respect to 
     military family and military unaccompanied housing.
       ``(4) Income from any activities under this chapter, 
     including interest on loan guarantees made under section 682 
     of this title, income and gains realized from investments 
     under section 684 of this title, and any return of capital 
     invested as part of such investments.
       ``(c) Use of Amounts in Fund.--(1) In such amounts as 
     provided in appropriation Acts and except as provided in 
     subsection (d), the Secretary may use amounts in the Coast 
     Guard Housing Fund to carry out activities under this chapter 
     with respect to military family and military unaccompanied 
     housing units, including activities required in connection 
     with the planning, execution, and administration of contracts 
     entered into under the authority of this chapter.
       ``(2) Amounts made available under this subsection shall 
     remain available until expended.
       ``(d) Limitation on Obligations.--The Secretary may not 
     incur an obligation under a contract or other agreements 
     entered into under this chapter in excess of the unobligated 
     balance, at the time the contract is entered into, of the 
     Fund required to be used to satisfy the obligation.
       ``(e) Notification Required for Transfers.--A transfer of 
     appropriated amounts to the Fund under subsection (b)(2) or 
     (b)(3) of this section may be made only after the end of a 
     30-day period beginning on the date the Secretary submits 
     written notice of, and justification for, the transfer to the 
     appropriate committees of Congress.
       ``(f) Limitation on Amount of Budget Authority.--The total 
     value in budget authority of all contracts and investments 
     undertaken using the authorities provided in this chapter 
     shall not exceed $20,000,000.

     ``Sec. 688. 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, the following:
       ``(1) A report on each contract or agreement for a project 
     for the acquisition or construction of military family or 
     military unaccompanied housing units that the Secretary 
     proposes to solicit under this chapter, describing the 
     project and the method of participation of the United States 
     in the project and providing justification of such method of 
     participation.
       ``(2) A report describing each conveyance or lease proposed 
     under section 685 of this title.
       ``(3) A methodology for evaluating the extent and 
     effectiveness of the use of the authorities under this 
     chapter 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. 689. Expiration of authority

       ``The authority to enter into a transaction under this 
     chapter shall expire October 1, 2001.''.
       (b) Final Report.--Not later than March 1, 2000, the 
     Secretary of the department in which the Coast Guard is 
     operating shall submit to the Congress a report on the use by 
     the Secretary of the authorities provided by chapter 18 of 
     title 14, United States Code, as added by subsection (a). 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, United States Code, is 
     amended by inserting after the item relating to chapter 17 
     the following:

``18. Coast Guard Housing Authorities........................680''.....

       (d) Pilot Project.--Notwithstanding section 681(b) of title 
     14, United States Code, as amended by this Act, and subject 
     to the other requirements of chapter 18 of such title, as 
     amended by this Act, the Secretary of Transportation may use 
     the authority provided in sections 682, 683, 684, 685, and 
     686 of such chapter to provide for the acquisition or 
     construction of up to 60 family housing units and 
     unaccompanied housing units on or near Coast Guard Integrated 
     Support Command, Ketchikan, Alaska.

     SEC. 209. BOARD FOR CORRECTION OF MILITARY RECORDS DEADLINE.

       (a) In General.--Chapter 11 of title 14, United States 
     Code, is amended by inserting after section 424 the following 
     new section:

     ``Sec. 425. Board for Correction of Military Records deadline

       ``(a) Deadline for Completion of Action.--The Secretary 
     shall complete processing of an application for correction of 
     military records under section 1552 of title 10 by not later 
     than 10 months after the date the Secretary receives the 
     completed application.
       ``(b) 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 in which 
     the Coast Guard is operating; 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, directing 
     final action be taken within 30 days from the date the order 
     is entered; and
       ``(B) from amounts appropriated to the department in which 
     the Coast Guard is operating, the costs of obtaining the 
     order, including a reasonable attorney's fee.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 11 of title 14, United States Code, is 
     amended by inserting after the item relating to section 424 
     the following new item:

``425. Board for Correction of Military Records deadline.''.
       (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 the 
     department in which the Coast Guard is operating on or after 
     June 12, 1990, who files with the Board for Correction of 
     Military Records of the Coast Guard an application for relief 
     under the amendment made by subsection (a). If a recommended 
     decision was modified or reversed on review with final agency 
     action occurring after expiration of the 10-month deadline 
     under that amendment, 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.
       (d) Effective Date.--This section shall be effective on and 
     after June 12, 1990.

     SEC. 210. REPEAL TEMPORARY PROMOTION OF WARRANT OFFICERS.

       (a) Repeal.--Section 277 of title 14, United States Code, 
     is repealed. The repeal of such section shall not be 
     construed to affect the status of any warrant officer 
     currently serving under a temporary promotion.
       (b) Conforming Amendment.--The table of sections at the 
     beginning of chapter 11 of title 14, United States Code, is 
     amended by striking the item relating to section 277.

     SEC. 211. APPOINTMENT OF TEMPORARY OFFICERS.

       (a) In General.--Section 214 of title 14, United States 
     Code, is amended--
       (1) in the heading by striking ``Original appointment'' and 
     inserting ``Appointment'';
       (2) by redesignating subsections (d), (e), and (f) in order 
     as subsections (b), (c), and (d); and
       (3) in subsection (c), as so redesignated, by inserting ``, 
     or a subsequent promotion appointment of a temporary 
     officer,'' after ``section''.
       (b) Conforming Amendment.--The table of sections at the 
     beginning of chapter 11 of title 14, United States Code, is 
     amended in the item relating to section 214 by striking 
     ``Original appointment'' and inserting ``Appointment''.

     SEC. 212. INFORMATION TO BE PROVIDED TO OFFICER SELECTION 
                   BOARDS.

       Section 258(2) of title 14, United States Code, is amended 
     by striking ``, with identification of those officers who are 
     in the promotion zone''.

     SEC. 213. RESCUE DIVER TRAINING FOR SELECTED COAST GUARD 
                   PERSONNEL.

       (a) In General.--Section 88 of title 14, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(d) The Secretary shall establish a helicopter rescue 
     swimming program for the purpose of training selected Coast 
     Guard personnel in rescue swimming skills, which may include 
     rescue diver training.''.
       (b) Conforming Amendment.--Section 9 of the Coast Guard 
     Authorization Act of 1984 (98 Stat. 2862; 14 U.S.C. 88 note) 
     is repealed.

     SEC. 214. SPECIAL AUTHORITIES REGARDING COAST GUARD.

       (a) Reimbursement of Expenses for Mess Operations.--Section 
     1011 of title 37, United States Code, is amended by adding at 
     the end the following new subsection:
       ``(d) When the Coast Guard is not operating as a service in 
     the Navy, the Secretary of Transportation shall establish 
     rates for meals sold at Coast Guard dining facilities, 
     provide for reimbursement of operating expenses and food 
     costs to the appropriations concerned, and reduce the rates 
     for such meals when the Secretary determines that it is in 
     the best interest of the United States to do so.''.
       (b) Severable Services Contracts Crossing Fiscal Years.--
     Section 2410a of title 10, United States Code, is amended--
       (1) by striking ``Funds'' and inserting ``(a) Funds''; and
       (2) by adding at the end the following new subsection:
       ``(b) The Secretary of Transportation with respect to the 
     Coast Guard when it is not operating as a service in the 
     Navy, may enter into a contract for procurement of severable 
     services for a period that begins in one fiscal year and ends 
     in the next fiscal year if (without regard to any option to 
     extend the period of the contract) the contract period does 
     not exceed one year. Funds made available for a fiscal year 
     may be obligated for the total amount of a contract entered 
     into under the authority of this subsection.''.
       TITLE III--MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT

     SEC. 301. CHANGES TO DOCUMENTATION LAWS.

       (a) Civil Penalty.-- Section 12122(a) of title 46, United 
     States Code, is amended by striking ``$500'' and inserting 
     ``$10,000''.
       (b) Seizure and Forfeiture.--
       (1) In general.-- Section 12122(b) of title 46, United 
     States Code, is amended to read as follows:

[[Page H11490]]

       ``(b) A vessel and its equipment are liable to seizure by 
     and forfeiture to the United States Government--
       ``(1) when the owner of a vessel or the representative or 
     agent of the owner knowingly falsifies or conceals a material 
     fact, or knowingly makes a false statement or representation 
     about the documentation or when applying for documentation of 
     the vessel;
       ``(2) when a certificate of documentation is knowingly and 
     fraudulently used for a vessel;
       ``(3) when a vessel is operated after its endorsement has 
     been denied or revoked under section 12123 of this title;
       ``(4) when a vessel is employed in a trade without an 
     appropriate trade endorsement;
       ``(5) when a documented vessel with only a recreational 
     endorsement is operated other than for pleasure; or
       ``(6) when a documented vessel, other than a vessel with 
     only a recreational endorsement, is placed under the command 
     of a person not a citizen of the United States.''.
       (2) Conforming amendment.--Section 12122(c) of title 46, 
     United States Code, is repealed.
       (c) Limitation on Operation of Vessel With Only 
     Recreational Endorsement.--Section 12110(c) of title 46, 
     United States Code, is amended to read as follows:
       ``(c) A vessel with only a recreational endorsement may not 
     be operated other than for pleasure.''.
       (d) Termination of Restriction on Command of Recreational 
     Vessels.--
       (1) Termination of restriction.--Subsection (d) of section 
     12110 of title 46, United States Code, is amended by 
     inserting ``, other than a vessel with only a recreational 
     endorsement,'' after ``A documented vessel''; and
       (2) Conforming amendments.--
       (A) Section 12111(a)(2) of title 46, United States Code, is 
     amended by inserting before the period the following: ``in 
     violation of section 12110(d) of this title''.
       (B) Section 317 of Public Law 101-595 is amended by 
     striking ``and 12111'' and inserting ``12111, and 12122(b)''.
       (e) Fishery Endorsements.--Section 12108 of title 46, 
     United States Code, is amended by adding at the end the 
     following:
       ``(d) A vessel purchased by the Secretary of Commerce 
     through a fishing capacity reduction program under the 
     Magnuson Fishery Conservation Management Act (16 U.S.C. 1801 
     et seq.) or section 308 of the Interjurisdictional Fisheries 
     Act (16 U.S.C. 4107) is not eligible for a fishery 
     endorsement, and any fishery endorsement issued for that 
     vessel is invalid.''.

     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.''.

     SEC. 303. MARITIME DRUG AND ALCOHOL TESTING PROGRAM CIVIL 
                   PENALTY.

       (a) In General.--Chapter 21 of title 46, United States 
     Code, is amended by adding at the end a new section 2115 to 
     read as follows:

     ``Sec. 2115. Civil penalty to enforce alcohol and dangerous 
       drug testing

       ``Any person who fails to implement or conduct, or who 
     otherwise fails to comply with the requirements prescribed by 
     the Secretary for, chemical testing for dangerous drugs or 
     for evidence of alcohol use, as prescribed under this 
     subtitle or a regulation prescribed by the Secretary to carry 
     out the provisions of this subtitle, is liable to the United 
     States Government for a civil penalty of not more than $1,000 
     for each violation. Each day of a continuing violation shall 
     constitute a separate violation.''.
       (b) Conforming Amendment.--The table of sections at the 
     beginning of chapter 21 of title 46, United States Code, is 
     amended by inserting after the item relating to section 2114 
     the following:
``2115. Civil penalty to enforce alcohol and dangerous drug testing.''.

     SEC. 304. RENEWAL OF ADVISORY GROUPS.

       (a) Navigation Safety Advisory Council.--Section 5(d) of 
     the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is 
     amended by striking ``September 30, 1995'' and inserting 
     ``September 30, 2000''.
       (b) Commercial Fishing Industry Vessel Advisory 
     Committee.--Subsection (e)(1) of section 4508 of title 46, 
     United States Code, is amended by striking ``September 30, 
     1994'' and inserting ``September 30, 2000''.
       (c) Towing Safety Advisory Committee.--Subsection (e) of 
     the Act to Establish A Towing Safety Advisory Committee in 
     the Department of Transportation (33 U.S.C. 1231a(e)) is 
     amended by striking ``September 30, 1995'' and inserting 
     ``September 30, 2000''.
       (d) Houston-Galveston Navigation Safety Advisory 
     Committee.--The Coast Guard Authorization Act of 1991 (Public 
     Law 102-241) is amended by adding at the end of section 18 
     the following:
       ``(h) The Committee shall terminate on September 30, 
     2000.''.
       (e) Lower Mississippi River Waterway Advisory Committee.--
     The Coast Guard Authorization Act of 1991 (Public Law 102-
     241) is amended by adding at the end of section 19 the 
     following:
       ``(g) The Committee shall terminate on September 30, 
     2000.''.
       (f) National Boating Safety Advisory Council.--Section 
     13110(e) of title 46, United States Code, is amended by 
     striking ``September 30, 1996'' and inserting ``September 30, 
     2000''.
       (g) Clerical Amendment.--The section heading for section 
     5(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 
     2073) is amended by striking ``Rules of the Road Advisory 
     Council'' and inserting ``Navigation Safety Advisory 
     Council''.

     SEC. 305. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS.

       Section 31321(a) of title 46, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(4)(A) A bill of sale, conveyance, mortgage, assignment, 
     or related instrument may be filed electronically under 
     regulations prescribed by the Secretary.
       ``(B) A filing made electronically under subparagraph (A) 
     shall not be effective after the 10-day period beginning on 
     the date of the filing unless the original instrument is 
     provided to the Secretary within that 10-day period.''.

     SEC. 306. CIVIL PENALTIES.

       (a) Penalty for Failure To Report a Casualty.--Section 
     6103(a) of title 46, United States Code is amended by 
     striking ``$1,000'' and inserting ``not more than $25,000''.
       (b) Operation of Uninspected Towing Vessel in Violation of 
     Manning Requirements.--Section 8906 of title 46, United 
     States Code, is amended by striking ``$1,000'' and inserting 
     ``not more than $25,000''.

     SEC. 307. AMENDMENT TO REQUIRE EPIRBS ON THE GREAT LAKES.

       Paragraph (7) of section 4502(a) of title 46, United States 
     Code, is amended by inserting ``or beyond 3 nautical miles 
     from the coastline of the Great Lakes'' after ``high seas''.

     SEC. 308. REPORT ON LORAN-C REQUIREMENTS.

       Not later than 6 months after the date of enactment of this 
     Act, the Secretary of Transportation, in cooperation with the 
     Secretary of Commerce, shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a plan prepared in consultation with users 
     of the LORAN-C radionavigation system defining the future use 
     of and funding for operations, maintenance, and upgrades of 
     the LORAN-C radionavigation system. The plan shall provide 
     for--
       (1) mechanisms to make full use of compatible satellite and 
     LORAN-C technology by all modes of transportation, the 
     telecommunications industry, and the National Weather 
     Service;
       (2) an appropriate timetable for transition from ground-
     based radionavigation technology after it is determined that 
     satellite-based technology is available as a sole means of 
     safe and efficient navigation and taking into consideration 
     the need to ensure that LORAN-C technology purchased by the 
     public before the year 2000 has a useful economic life; and
       (3) agencies in the Department of Transportation and other 
     relevant Federal agencies to share the Federal government's 
     costs related to LORAN-C technology.

     SEC. 309. SMALL BOAT STATIONS.

       (a) In General.--Chapter 17 of title 14, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 673. Small boat station rescue capability

       ``The Secretary of Transportation shall ensure that each 
     Coast Guard small boat station (including a seasonally 
     operated station) maintains, within the area of 
     responsibility for the station, at least 1 vessel that is 
     fully capable of performing offshore rescue operations, 
     taking into consideration prevailing weather, marine 
     conditions, and depositional geologic features such as sand 
     bars.

     ``Sec. 674. Small boat station closures

       ``(a) Closures.--The Secretary of Transportation may not 
     close a Coast Guard multimission small boat station or 
     subunit unless the Secretary--
       ``(1) determines that--
       ``(A) remaining search and rescue capabilities maintain the 
     safety of the maritime public in the area of the station or 
     subunit;
       ``(B) regional or local prevailing weather and marine 
     conditions, including water temperature or unusual tide and 
     current conditions, do not require continued operation of the 
     station or subunit; and
       ``(C) Coast Guard search and rescue standards related to 
     search and rescue response times are met; and
       ``(2) provides an opportunity for public comment and for 
     public meetings in the area of the station or subunit with 
     regard to the decision to close the station or subunit.
       ``(b) Operational Flexibility.--The Secretary may implement 
     any management efficiencies within the small boat station 
     system, such as modifying the operational posture of units or 
     reallocating resources as necessary to ensure the safety of 
     the maritime public nationwide. No stations or subunits may 
     be closed under this subsection except in accordance with 
     subsection (a).''.
       (b) Clerical Amendment.--The analysis at the beginning of 
     chapter 17 of title 14, United States Code, is amended by 
     adding at the end the following new items:
``673. Small boat station rescue capability.
``674. Small boat station closures.''.

     SEC. 310. PENALTY FOR ALTERATION OF MARINE SAFETY EQUIPMENT.

       Section 3318(b) of title 46, United States Code, is 
     amended--
       (1) by inserting ``(1)'' before ``A person''; and
       (2) by adding at the end thereof the following:
       ``(2) A person commits a class D felony if the person--
       ``(A) alters or services lifesaving, fire safety, or any 
     other equipment subject to this part for compensation; and
       ``(B) by that alteration or servicing, intentionally 
     renders that equipment unsafe and unfit for the purpose for 
     which it is intended.''.

[[Page H11491]]

     SEC. 311. PROHIBITION ON OVERHAUL, REPAIR, AND MAINTENANCE OF 
                   COAST GUARD VESSELS IN FOREIGN SHIPYARDS.

       (a) Prohibition.--Chapter 5 of title 14, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 96. Prohibition on overhaul, repair, and maintenance 
       of Coast Guard vessels in foreign shipyards

       ``A Coast Guard vessel the home port of which is in a State 
     of the United States may not be overhauled, repaired, or 
     maintained in a shipyard outside the United States, other 
     than in the case of voyage repairs.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 5 
     of title 14, United States Code, is amended by adding at the 
     end the following:

``96. Prohibition on overhaul, repair, and maintenance of Coast Guard 
              vessels in foreign shipyards.''.

     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 individual in charge of a vessel is liable for a 
     civil penalty under section 5123 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 individual 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 App. U.S.C. 91).
       ``(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 and 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 individual in charge of a vessel is liable for a 
     penalty or fine under this section, or if reasonable cause 
     exists to believe that the owner, operator, or individual in 
     charge may be subject to 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 App. U.S.C. 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 individual 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 individual 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 App. U.S.C. 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 individual 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 individual 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 App. U.S.C. 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.''.

     SEC. 313. INFORMATION BARRED IN LEGAL PROCEEDINGS.

       (a) In General.--Chapter 63 of title 46, United States 
     Code, is amended by inserting after section 6307 the 
     following:

     ``Sec. 6308. Information barred in legal proceedings

       ``(a) Notwithstanding any other provision of law, no part 
     of a report of a marine casualty investigation conducted 
     under section 6301 of this title, including findings of fact, 
     opinions, recommendations, deliberations, or conclusions, 
     shall be admissible as evidence or subject to discovery in 
     any civil or administrative proceedings, other than an 
     administrative proceeding initiated by the United States. Any 
     employee of the Department of Transportation, and any member 
     of the Coast Guard, investigating a marine casualty pursuant 
     to section 6301 of this title, shall not be subject to 
     deposition or other discovery, or otherwise testify in such 
     proceedings relevant to a marine casualty investigation, 
     without the permission of the Secretary of Transportation. 
     The Secretary shall not withhold permission for such employee 
     or member to testify, either orally or upon written 
     questions, on solely factual matters at a time and place and 
     in a manner acceptable to the Secretary if the information is 
     not available elsewhere or is not obtainable by other means.
       ``(b) Nothing in this section prohibits the United States 
     from calling the employee or member as an expert witness to 
     testify on its behalf. Further, nothing in this section 
     prohibits the employee or member from being called as a fact 
     witness in any case in which the United States is a party. If 
     the employee or member is called as an expert or fact 
     witness, the applicable Federal Rules of Civil Procedure 
     govern discovery. If the employee or member is called as a 
     witness, the report of a marine casualty investigation 
     conducted under section 6301 of this title shall not be 
     admissible, as provided in subsection (a), and shall not be 
     considered the report of an expert under the Federal Rules of 
     Civil Procedure.
       ``(c) The information referred to in subsections (a) and 
     (b) of this section shall not be considered an admission of 
     liability by the United States or by any person referred to 
     in those conclusions and statements.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 63 of title 46, United States Code, is 
     amended by adding after the item relating to section 6307 the 
     following new item:

``6308. Information barred in legal proceedings.''.

     SEC. 314. MARINE CASUALTY REPORTING.

       (a) Submission of Plan.--Not later than one year after 
     enactment of this Act, the Secretary of Transportation shall, 
     in consultation with appropriate State agencies, submit to 
     the Committee on Resources of the House of Representatives 
     and the Committee on Commerce, Science, and Transportation of 
     the Senate a plan to increase reporting of vessel accidents 
     to appropriate State law enforcement officials.
       (b) Penalties for Violating Reporting Requirements.--
     Section 6103(a) of title 46, United States Code, is amended 
     by inserting ``or 6102'' after ``6101'' the second place it 
     appears.
                    TITLE IV--COAST GUARD AUXILIARY

     SEC. 401. ADMINISTRATION OF THE COAST GUARD AUXILIARY.

       (a) In General.--Section 821 of title 14, United States 
     Code, is amended to read as follows:

     ``Sec. 821. Administration of the Coast Guard Auxiliary

       ``(a) The Coast Guard Auxiliary is a nonmilitary 
     organization administered by the Commandant under the 
     direction of the Secretary. For command, control, and 
     administrative purposes, the Auxiliary shall include such 
     organizational elements and units as are approved by the 
     Commandant, including but not limited to, a national board 
     and staff (to be known as the `Auxiliary headquarters unit'), 
     districts, regions, divisions, flotillas, and other 
     organizational elements and units. The Auxiliary organization 
     and its officers shall have such rights, privileges, powers, 
     and duties as may be granted to them by the Commandant, 
     consistent with this title and other applicable provisions of 
     law. The Commandant may delegate to officers of the Auxiliary 
     the authority vested in the Commandant by this section, in 
     the manner and to the extent the Commandant considers 
     necessary or appropriate for the functioning, organization, 
     and internal administration of the Auxiliary.
       ``(b) Each organizational element or unit of the Coast 
     Guard Auxiliary organization (but excluding any corporation 
     formed by an organizational element or unit of the Auxiliary 
     under subsection (c) of this section), shall, except when 
     acting outside the scope of section 822, at all times be 
     deemed to be an instrumentality of the United States, for 
     purposes of the following:
       ``(1) Chapter 26 of title 28 (popularly known as the 
     Federal Tort Claims Act).
       ``(2) Section 2733 of title 10 (popularly known as the 
     Military Claims Act).
       ``(3) The Act of March 3, 1925 (46 App. U.S.C. 781-790; 
     popularly known as the Public Vessels Act).
       ``(4) The Act of March 9, 1920 (46 App. U.S.C. 741-752; 
     popularly known as the Suits in Admiralty Act).
       ``(5) The Act of June 19, 1948 (46 App. U.S.C. 740; 
     popularly known as the Admiralty Extension Act).
       ``(6) Other matters related to noncontractual civil 
     liability.
       ``(c) The national board of the Auxiliary, and any 
     Auxiliary district or region, may form a corporation under 
     State law in accordance with policies established by the 
     Commandant.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 23 of title 14, United States Code, is 
     amended by striking the item relating to section 821, and 
     inserting the following:

``821. Administration of the Coast Guard Auxiliary.''.

     SEC. 402. PURPOSE OF THE COAST GUARD AUXILIARY.

       (a) In General.--Section 822 of title 14, United States 
     Code, is amended to read as follows:

     ``Sec. 822. Purpose of the Coast Guard Auxiliary

       ``The purpose of the Auxiliary is to assist the Coast Guard 
     as authorized by the Commandant, in performing any Coast 
     Guard function, power, duty, role, mission, or operation 
     authorized by law.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 23 of title 14, United States Code, is 
     amended by striking the item relating to section 822 and 
     inserting the following:

``822. Purpose of the Coast Guard Auxiliary.''.

     SEC. 403. MEMBERS OF THE AUXILIARY; STATUS.

       (a) In General.--Title 14, United States Code, is amended 
     by inserting after section 823 the following new section:

     ``Sec. 823a. Members of the Auxiliary; status

       ``(a) Except as otherwise provided in this chapter, a 
     member of the Coast Guard Auxiliary shall not be considered 
     to be a Federal employee and shall not be subject to the 
     provisions of law relating to Federal employment, including 
     those relating to hours of work, rates of compensation, 
     leave, unemployment compensation, Federal employee benefits, 
     ethics, conflicts of interest, and other similar criminal or 
     civil statutes

[[Page H11492]]

     and regulations governing the conduct of Federal employees. 
     However, nothing in this subsection shall constrain the 
     Commandant from prescribing standards for the conduct and 
     behavior of members of the Auxiliary.
       ``(b) A member of the Auxiliary while assigned to duty 
     shall be deemed to be a Federal employee only for the 
     purposes of the following:
       ``(1) Chapter 26 of title 28 (popularly known as the 
     Federal Tort Claims Act).
       ``(2) Section 2733 of title 10 (popularly known as the 
     Military Claims Act).
       ``(3) The Act of March 3, 1925 (46 App. U.S.C. 781-790; 
     popularly known as the Public Vessels Act).
       ``(4) The Act of March 9, 1920 (46 App. U.S.C. 741-752; 
     popularly known as the Suits in Admiralty Act).
       ``(5) The Act of June 19, 1948 (46 App. U.S.C. 740; 
     popularly known as the Admiralty Extension Act).
       ``(6) Other matters related to noncontractual civil 
     liability.
       ``(7) Compensation for work injuries under chapter 81 of 
     title 5.
       ``(8) The resolution of claims relating to damage to or 
     loss of personal property of the member incident to service 
     under the Military Personnel and Civilian Employees' Claims 
     Act of 1964 (31 U.S.C. 3721).
       ``(c) A member of the Auxiliary, while assigned to duty, 
     shall be deemed to be a person acting under an officer of the 
     United States or an agency thereof for purposes of section 
     1442(a)(1) of title 28.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     23 of title 14, United States Code, is amended by inserting 
     the following new item after the item relating to section 
     823:

``823a. Members of the Auxiliary; status.''.

     SEC. 404. ASSIGNMENT AND PERFORMANCE OF DUTIES.

       (a) Travel and Subsistence Expense.--Section 830(a) of 
     title 14, United States Code, is amended by striking 
     ``specific''.
       (b) Assignment of General Duties.--Section 831 of title 14, 
     United States Code, is amended by striking ``specific'' each 
     place it appears.
       (c) Benefits for Injury or Death.--Section 832 of title 14, 
     United States Code, is amended by striking ``specific'' each 
     place it appears.

     SEC. 405. COOPERATION WITH OTHER AGENCIES, STATES, 
                   TERRITORIES, AND POLITICAL SUBDIVISIONS.

       (a) In General.--Section 141 of title 14, United States 
     Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 141. Cooperation with other agencies, States, 
       territories, and political subdivisions'';

       (2) in the first sentence of subsection (a), by inserting 
     after ``personnel and facilities'' the following: 
     ``(including members of the Auxiliary and facilities governed 
     under chapter 23)''; and
       (3) by adding at the end of subsection (a) the following 
     new sentence: ``The Commandant may prescribe conditions, 
     including reimbursement, under which personnel and facilities 
     may be provided under this subsection.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 7 of title 14, United States Code, is 
     amended by striking the item relating to section 141 and 
     inserting the following:

``141. Cooperation with other agencies, States, territories, and 
              political subdivisions.''.

     SEC. 406. VESSEL DEEMED PUBLIC VESSEL.

       Section 827 of title 14, United States Code, is amended to 
     read as follows:

     ``Sec. 827. Vessel deemed public vessel

       ``While assigned to authorized Coast Guard duty, any 
     motorboat or yacht shall be deemed to be a public vessel of 
     the United States and a vessel of the Coast Guard within the 
     meaning of sections 646 and 647 of this title and other 
     applicable provisions of law.''.

     SEC. 407. AIRCRAFT DEEMED PUBLIC AIRCRAFT.

       Section 828 of title 14, United States Code, is amended to 
     read as follows:

     ``Sec. 828. Aircraft deemed public aircraft

       ``While assigned to authorized Coast Guard duty, any 
     aircraft shall be deemed to be a Coast Guard aircraft, a 
     public vessel of the United States, and a vessel of the Coast 
     Guard within the meaning of sections 646 and 647 of this 
     title and other applicable provisions of law. Subject to the 
     provisions of sections 823a and 831 of this title, while 
     assigned to duty, qualified Auxiliary pilots shall be deemed 
     to be Coast Guard pilots.''.

     SEC. 408. DISPOSAL OF CERTAIN MATERIAL.

       Section 641(a) of title 14, United States Code, is 
     amended--
       (1) by inserting after ``with or without charge,'' the 
     following: ``to the Coast Guard Auxiliary, including any 
     incorporated unit thereof,''; and
       (2) by striking ``to any incorporated unit of the Coast 
     Guard Auxiliary,''.
                 TITLE V--DEEPWATER PORT MODERNIZATION

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Deepwater Port 
     Modernization Act''.

     SEC. 502. DECLARATIONS OF PURPOSE AND POLICY.

       (a) Purposes.--The purposes of this title are to--
       (1) update and improve the Deepwater Port Act of 1974;
       (2) assure that the regulation of deepwater ports is not 
     more burdensome or stringent than necessary in comparison to 
     the regulation of other modes of importing or transporting 
     oil;
       (3) recognize that deepwater ports are generally subject to 
     effective competition from alternative transportation modes 
     and eliminate, for as long as a port remains subject to 
     effective competition, unnecessary Federal regulatory 
     oversight or involvement in the ports' business and economic 
     decisions; and
       (4) promote innovation, flexibility, and efficiency in the 
     management and operation of deepwater ports by removing or 
     reducing any duplicative, unnecessary, or overly burdensome 
     Federal regulations or license provisions.
       (b) Policy.--Section 2(a) of the Deepwater Port Act of 1974 
     (33 U.S.C. 1501(a)) is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting a semicolon; and
       (3) by inserting at the end the following:
       ``(5) promote the construction and operation of deepwater 
     ports as a safe and effective means of importing oil into the 
     United States and transporting oil from the outer continental 
     shelf while minimizing tanker traffic and the risks attendant 
     thereto; and
       ``(6) promote oil production on the outer continental shelf 
     by affording an economic and safe means of transportation of 
     outer continental shelf oil to the United States mainland.''.

     SEC. 503. DEFINITIONS.

       (a) Antitrust Laws.--Section 3 of the Deepwater Port Act of 
     1974 (33 U.S.C. 1502) is amended--
       (1) by striking paragraph (3); and
       (2) by redesignating paragraphs (4) through (19) as 
     paragraphs (3) through (18), respectively.
       (b) Deepwater Port.--The first sentence of section 3(9) of 
     such Act, as redesignated by subsection (a), is amended by 
     striking ``such structures,'' and all that follows through 
     ``section 23.'' and inserting the following: ``structures, 
     located beyond the territorial sea and off the coast of the 
     United States and which are used or intended for use as a 
     port or terminal for the transportation, storage, and further 
     handling of oil for transportation to any State, except as 
     otherwise provided in section 23, and for other uses not 
     inconsistent with the purposes of this title, including 
     transportation of oil from the United States outer 
     continental shelf.''.

     SEC. 504. LICENSES.

       (a) Elimination of Utilization Restrictions.--Section 4(a) 
     of the Deepwater Port Act of 1974 (33 U.S.C. 1503(a)) is 
     amended by striking all that follows the second sentence.
       (b) Elimination of Precondition to Licensing.--Section 4(c) 
     of such Act is amended--
       (1) by striking paragraph (7); and
       (2) by redesignating paragraphs (8), (9), and (10) as 
     paragraphs (7), (8), and (9), respectively.
       (c) Conditions Prescribed by Secretary.--Section 4(e)(1) of 
     such Act is amended by striking the first sentence and 
     inserting the following: ``In issuing a license for the 
     ownership, construction, and operation of a deepwater port, 
     the Secretary shall prescribe those conditions which the 
     Secretary deems necessary to carry out the provisions and 
     requirements of this title or which are otherwise required by 
     any Federal department or agency pursuant to the terms of 
     this title. To the extent practicable, conditions required to 
     carry out the provisions and requirements of this title shall 
     be addressed in license conditions rather than by regulation 
     and, to the extent practicable, the license shall allow a 
     deepwater port's operating procedures to be stated in an 
     operations manual, approved by the Coast Guard, in accordance 
     with section 10(a) of this title, rather than in detailed and 
     specific license conditions or regulations; except that basic 
     standards and conditions shall be addressed in 
     regulations.''.
       (d) Elimination of Restriction on Transfers.--Section 
     4(e)(2) of such Act is amended by striking ``application'' 
     and inserting ``license''.
       (e) Findings Required for Transfers.--Section 4(f) of such 
     Act is amended to read as follows:
       ``(f) Amendments, Transfers, and Reinstatements.--The 
     Secretary may amend, transfer, or reinstate a license issued 
     under this title if the Secretary finds that the amendment, 
     transfer, or reinstatement is consistent with the 
     requirements of this Act.''.

     SEC. 505. INFORMATIONAL FILINGS.

       Section 5(c) of the Deepwater Port Act of 1974 (33 U.S.C. 
     1504(c)) is amended by adding the following:
       ``(3) Upon written request of any person subject to this 
     subsection, the Secretary may make a determination in writing 
     to exempt such person from any of the informational filing 
     provisions enumerated in this subsection or the regulations 
     implementing this section if the Secretary determines that 
     such information is not necessary to facilitate the 
     Secretary's determinations under section 4 of this Act and 
     that such exemption will not limit public review and 
     evaluation of the deepwater port project.''.

     SEC. 506. ANTITRUST REVIEW.

       Section 7 of the Deepwater Port Act of 1974 (33 U.S.C. 
     1506) is repealed.

     SEC. 507. OPERATION.

       (a) As Common Carrier.--Section 8(a) of the Deepwater Port 
     Act of 1974 (33 U.S.C. 1507(a)) is amended by inserting after 
     ``subtitle IV of title 49, United States Code,'' the 
     following: ``and shall accept, transport, or convey without 
     discrimination all oil delivered to the deepwater port with 
     respect to which its license is issued,''.
       (b) Conforming Amendment.--Section 8(b) of such Act is 
     amended by striking the first sentence and the first 3 words 
     of the second sentence and inserting the following: ``A 
     licensee is not discriminating under this section and''.

     SEC. 508. MARINE ENVIRONMENTAL PROTECTION AND NAVIGATIONAL 
                   SAFETY.

       Section 10(a) of the Deepwater Port Act of 1974 (33 U.S.C. 
     1509(a)) is amended--
       (1) by inserting after ``international law'' the following: 
     ``and the provision of adequate opportunities for public 
     involvement''; and
       (2) by striking ``shall prescribe by regulation and enforce 
     procedures with respect to any

[[Page H11493]]

     deepwater port, including, but not limited to,'' and 
     inserting the following: ``shall prescribe and enforce 
     procedures, either by regulation (for basic standards and 
     conditions) or by the licensee's operations manual, with 
     respect to''.
                TITLE VI--COAST GUARD REGULATORY REFORM

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Coast Guard Regulatory 
     Reform Act of 1996''.

     SEC. 602. SAFETY MANAGEMENT.

       (a) Management of Vessels.--Title 46, United States Code, 
     is amended by adding after chapter 31 the following new 
     chapter:

                  ``CHAPTER 32--MANAGEMENT OF VESSELS

``Sec.
``3201. Definitions.
``3202. Application.
``3203. Safety management system.
``3204. Implementation of safety management system.
``3205. Certification.

     ``Sec. 3201. Definitions

       ``In this chapter--
       ``(1) `International Safety Management Code' has the same 
     meaning given that term in chapter IX of the Annex to the 
     International Convention for the Safety of Life at Sea, 1974;
       ``(2) `responsible person' means--
       ``(A) the owner of a vessel to which this chapter applies; 
     or
       ``(B) any other person that has--
       ``(i) assumed the responsibility for operation of a vessel 
     to which this chapter applies from the owner; and
       ``(ii) agreed to assume with respect to the vessel 
     responsibility for complying with all the requirements of 
     this chapter and the regulations prescribed under this 
     chapter.
       ``(3) `vessel engaged on a foreign voyage' means a vessel 
     to which this chapter applies--
       ``(A) arriving at a place under the jurisdiction of the 
     United States from a place in a foreign country;
       ``(B) making a voyage between places outside the United 
     States; or
       ``(C) departing from a place under the jurisdiction of the 
     United States for a place in a foreign country.

     ``Sec. 3202. Application

       ``(a) Mandatory Application.--This chapter applies to the 
     following vessels engaged on a foreign voyage:
       ``(1) Beginning July 1, 1998--
       ``(A) a vessel transporting more than 12 passengers 
     described in section 2101(21)(A) of this title; and
       ``(B) a tanker, bulk freight vessel, or high-speed freight 
     vessel, of at least 500 gross tons.
       ``(2) Beginning July 1, 2002, a freight vessel and a self-
     propelled mobile offshore drilling unit of at least 500 gross 
     tons.
       ``(b) Voluntary Application.--This chapter applies to a 
     vessel not described in subsection (a) of this section if the 
     owner of the vessel requests the Secretary to apply this 
     chapter to the vessel.
       ``(c) Exception.--Except as provided in subsection (b) of 
     this section, this chapter does not apply to--
       ``(1) a barge;
       ``(2) a recreational vessel not engaged in commercial 
     service;
       ``(3) a fishing vessel;
       ``(4) a vessel operating on the Great Lakes or its 
     tributary and connecting waters; or
       ``(5) a public vessel.

     ``Sec. 3203. Safety management system

       ``(a) In General.--The Secretary shall prescribe 
     regulations which establish a safety management system for 
     responsible persons and vessels to which this chapter 
     applies, including--
       ``(1) a safety and environmental protection policy;
       ``(2) instructions and procedures to ensure safe operation 
     of those vessels and protection of the environment in 
     compliance with international and United States law;
       ``(3) defined levels of authority and lines of 
     communications between, and among, personnel on shore and on 
     the vessel;
       ``(4) procedures for reporting accidents and 
     nonconformities with this chapter;
       ``(5) procedures for preparing for and responding to 
     emergency situations; and
       ``(6) procedures for internal audits and management reviews 
     of the system.
       ``(b) Compliance With Code.--Regulations prescribed under 
     this section shall be consistent with the International 
     Safety Management Code with respect to vessels engaged on a 
     foreign voyage.

     ``Sec. 3204. Implementation of safety management system

       ``(a) Safety Management Plan.--Each responsible person 
     shall establish and submit to the Secretary for approval a 
     safety management plan describing how that person and vessels 
     of the person to which this chapter applies will comply with 
     the regulations prescribed under section 3203(a) of this 
     title.
       ``(b) Approval.--Upon receipt of a safety management plan 
     submitted under subsection (a), the Secretary shall review 
     the plan and approve it if the Secretary determines that it 
     is consistent with and will assist in implementing the safety 
     management system established under section 3203.
       ``(c) Prohibition on Vessel Operation.--A vessel to which 
     this chapter applies under section 3202(a) may not be 
     operated without having on board a Safety Management 
     Certificate and a copy of a Document of Compliance issued for 
     the vessel under section 3205 of this title.

     ``Sec. 3205. Certification

       ``(a) Issuance of Certificate and Document.--After 
     verifying that the responsible person for a vessel to which 
     this chapter applies and the vessel comply with the 
     applicable requirements under this chapter, the Secretary 
     shall issue for the vessel, on request of the responsible 
     person, a Safety Management Certificate and a Document of 
     Compliance.
       ``(b) Maintenance of Certificate and Document.--A Safety 
     Management Certificate and a Document of Compliance issued 
     for a vessel under this section shall be maintained by the 
     responsible person for the vessel as required by the 
     Secretary.
       ``(c) Verification of Compliance.--The Secretary shall--
       ``(1) periodically review whether a responsible person 
     having a safety management plan approved under section 
     3204(b) and each vessel to which the plan applies is 
     complying with the plan; and
       ``(2) revoke the Secretary's approval of the plan and each 
     Safety Management Certificate and Document of Compliance 
     issued to the person for a vessel to which the plan applies, 
     if the Secretary determines that the person or a vessel to 
     which the plan applies has not complied with the plan.
       ``(d) Enforcement.--At the request of the Secretary, the 
     Secretary of the Treasury shall withhold or revoke the 
     clearance required by section 4197 of the Revised Statutes 
     (46 U.S.C. App. 91) of a vessel that is subject to this 
     chapter under section 3202(a) of this title or to the 
     International Safety Management Code, if the vessel does not 
     have on board a Safety Management Certificate and a copy of a 
     Document of Compliance for the vessel. Clearance may be 
     granted on filing a bond or other surety satisfactory to the 
     Secretary.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of subtitle II of title 46, United States Code, is 
     amended by inserting after the item relating to chapter 31 
     the following:
``32. Management of vessels.....................................3201''.

       (c) Study.--
       (1) In general.--The Secretary of the department in which 
     the Coast Guard is operating shall conduct, in cooperation 
     with the owners, charterers, and managing operators of 
     vessels documented under chapter 121 of title 46, United 
     States Code, and other interested persons, a study of the 
     methods that may be used to implement and enforce the 
     International Management Code for the Safe Operation of Ships 
     and for Pollution Prevention under chapter IX of the Annex to 
     the International Convention for the Safety of Life at Sea, 
     1974.
       (2) Report.--The Secretary shall submit to the Congress a 
     report of the results of the study required under paragraph 
     (1) before the earlier of--
       (A) the date that final regulations are prescribed under 
     section 3203 of title 46, United States Code (as enacted by 
     subsection (a); or
       (B) the date that is 1 year after the date of enactment of 
     this Act.

     SEC. 603. USE OF REPORTS, DOCUMENTS, RECORDS, AND 
                   EXAMINATIONS OF OTHER PERSONS.

       (a) Reports, Documents, and Records.--Chapter 31 of title 
     46, United States Code, is amended by adding the following 
     new section:

     ``Sec. 3103. Use of reports, documents, and records

       ``The Secretary may rely, as evidence of compliance with 
     this subtitle, on--
       ``(1) reports, documents, and records of other persons who 
     have been determined by the Secretary to be reliable; and
       ``(2) other methods the Secretary has determined to be 
     reliable.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     31 of title 46, United States Code, is amended by adding at 
     the end the following:
``3103. Use of reports, documents, and records.''.

       (c) Examinations.--Section 3308 of title 46, United States 
     Code, is amended by inserting ``or have examined'' after 
     ``examine''.

     SEC. 604. EQUIPMENT APPROVAL.

       (a) In General.--Section 3306(b) of title 46, United States 
     Code, is amended to read as follows:
       ``(b)(1) Equipment and material subject to regulation under 
     this section may not be used on any vessel without prior 
     approval of the Secretary.
       ``(2) Except with respect to use on a public vessel, the 
     Secretary may treat an approval of equipment or materials by 
     a foreign government as approval by the Secretary for 
     purposes of paragraph (1) if the Secretary determines that--
       ``(A) the design standards and testing procedures used by 
     that government meet the requirements of the International 
     Convention for the Safety of Life at Sea, 1974;
       ``(B) the approval of the equipment or material by the 
     foreign government will secure the safety of individuals and 
     property on board vessels subject to inspection; and
       ``(C) for lifesaving equipment, the foreign government--
       ``(i) has given equivalent treatment to approvals of 
     lifesaving equipment by the Secretary; and
       ``(ii) otherwise ensures that lifesaving equipment approved 
     by the Secretary may be used on vessels that are documented 
     and subject to inspection under the laws of that country.''.
       (b) Foreign Approvals.--The Secretary of Transportation, in 
     consultation with other interested Federal agencies, shall 
     work with foreign governments to have those governments 
     approve the use of the same equipment and materials on 
     vessels documented under the laws of those countries that the 
     Secretary requires on United States documented vessels.
       (c) Technical Amendment.--Section 3306(a)(4) of title 46, 
     United States Code, is amended by striking ``clauses (1)-
     (3)'' and inserting ``paragraphs (1), (2), and (3)''.

[[Page H11494]]

     SEC. 605. FREQUENCY OF INSPECTION.

       (a) Frequency of Inspection, Generally.--Section 3307 of 
     title 46, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``and nautical school vessel'' and 
     inserting ``, nautical school vessel, and small passenger 
     vessel allowed to carry more than 12 passengers on a foreign 
     voyage''; and
       (B) by adding ``and'' after the semicolon at the end;
       (2) by striking paragraph (2) and redesignating paragraph 
     (3) as paragraph (2); and
       (3) in paragraph (2) (as so redesignated), by striking ``2 
     years'' and inserting ``5 years''.
       (b) Conforming Amendment.--Section 3710(b) of title 46, 
     United States Code, is amended by striking ``24 months'' and 
     inserting ``5 years''.

     SEC. 606. CERTIFICATE OF INSPECTION.

       Section 3309(c) of title 46, United States Code, is amended 
     by striking ``(but not more than 60 days)''.

     SEC. 607. DELEGATION OF AUTHORITY OF SECRETARY TO 
                   CLASSIFICATION SOCIETIES.

       (a) Authority to Delegate.--Section 3316 of title 46, 
     United States Code, is amended--
       (1) by striking subsections (a) and (d);
       (2) by redesignating subsections (b) and (c) as subsections 
     (a) and (b), respectively;
       (3) by striking ``Bureau'' in subsection (a), as 
     redesignated, and inserting ``American Bureau of Shipping''; 
     and
       (4) in subsection (b), as so redesignated, by--
       (A) redesignating paragraph (2) as paragraph (3); and
       (B) striking so much of the subsection as precedes 
     paragraph (3), as so redesignated, and inserting the 
     following:
       ``(b)(1) The Secretary may delegate to the American Bureau 
     of Shipping or another classification society recognized by 
     the Secretary as meeting acceptable standards for such a 
     society, for a vessel documented or to be documented under 
     chapter 121 of this title, the authority to--
       ``(A) review and approve plans required for issuing a 
     certificate of inspection required by this part;
       ``(B) conduct inspections and examinations; and
       ``(C) issue a certificate of inspection required by this 
     part and other related documents.
       ``(2) The Secretary may make a delegation under paragraph 
     (1) to a foreign classification society only--
       ``(A) to the extent that the government of the foreign 
     country in which the society is headquartered delegates 
     authority and provides access to the American Bureau of 
     Shipping to inspect, certify, and provide related services to 
     vessels documented in that country; and
       ``(B) if the foreign classification society has offices and 
     maintains records in the United States.''.
       (b) Conforming Amendments.--
       (1) The heading for section 3316 of title 46, United States 
     Code, is amended to read as follows:

     ``Sec. 3316. Classification societies''.

       (2) The table of sections for chapter 33 of title 46, 
     United States Code, is amended by striking the item relating 
     to section 3316 and inserting the following:
``3316. Classification societies.''.
             TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS

     SEC. 701. AMENDMENT OF INLAND NAVIGATION RULES.

       Section 2 of the Inland Navigational Rules Act of 1980 is 
     amended--
       (1) by amending Rule 9(e)(i) (33 U.S.C. 2009(e)(i)) to read 
     as follows:
       ``(i) In a narrow channel or fairway when overtaking, the 
     power-driven vessel intending to overtake another power-
     driven vessel shall indicate her intention by sounding the 
     appropriate signal prescribed in Rule 34(c) and take steps to 
     permit safe passing. The power-driven vessel being overtaken, 
     if in agreement, shall sound the same signal and may, if 
     specifically agreed to take steps to permit safe passing. If 
     in doubt she shall sound the danger signal prescribed in Rule 
     34(d).'';
       (2) in Rule 15(b) (33 U.S.C. 2015(b)) by inserting ``power-
     driven'' after ``Secretary, a'';
       (3) in Rule 23(a)(i) (33 U.S.C. 2023(a)(i)) after 
     ``masthead light forward''; by striking ``except that a 
     vessel of less than 20 meters in length need not exhibit this 
     light forward of amidships but shall exhibit it as far 
     forward as is practicable;'';
       (4) by amending Rule 24(f) (33 U.S.C. 2024(f)) to read as 
     follows:
       ``(f) Provided that any number of vessels being towed 
     alongside or pushed in a group shall be lighted as one 
     vessel, except as provided in paragraph (iii)--
       ``(i) a vessel being pushed ahead, not being part of a 
     composite unit, shall exhibit at the forward end, sidelights 
     and a special flashing light;
       ``(ii) a vessel being towed alongside shall exhibit a 
     sternlight and at the forward end, sidelights and a special 
     flashing light; and
       ``(iii) when vessels are towed alongside on both sides of 
     the towing vessels a stern light shall be exhibited on the 
     stern of the outboard vessel on each side of the towing 
     vessel, and a single set of sidelights as far forward and as 
     far outboard as is practicable, and a single special flashing 
     light.'';
       (5) in Rule 26 (33 U.S.C. 2026)--
       (A) in each of subsections (b)(i) and (c)(i) by striking 
     ``a vessel of less than 20 meters in length may instead of 
     this shape exhibit a basket;''; and
       (B) by amending subsection (d) to read as follows:
       ``(d) The additional signals described in Annex II to these 
     Rules apply to a vessel engaged in fishing in close proximity 
     to other vessels engaged in fishing.''; and
       (6) by amending Rule 34(h) (33 U.S.C. 2034) to read as 
     follows:
       ``(h) A vessel that reaches agreement with another vessel 
     in a head-on, crossing, or overtaking situation, as for 
     example, by using the radiotelephone as prescribed by the 
     Vessel Bridge-to-Bridge Radiotelephone Act (85 Stat. 164; 33 
     U.S.C. 1201 et seq.), is not obliged to sound the whistle 
     signals prescribed by this rule, but may do so. If agreement 
     is not reached, then whistle signals shall be exchanged in a 
     timely manner and shall prevail.''.

     SEC. 702. MEASUREMENT OF VESSELS.

       Section 14104 of title 46, United States Code, is amended 
     by redesignating the existing text after the section heading 
     as subsection (a) and by adding at the end the following new 
     subsection:
       ``(b) If a statute allows for an alternate tonnage to be 
     prescribed under this section, the Secretary may prescribe it 
     by regulation. Any such regulation shall be considered to be 
     an interpretive regulation for purposes of section 553 of 
     title 5. Until an alternate tonnage is prescribed, the 
     statutorily established tonnage shall apply to vessels 
     measured under chapter 143 or chapter 145 of this title.
       ``(c) The head of each Federal agency shall ensure that 
     regulations issued by the agency that specify particular 
     tonnages comply with the alternate tonnages implemented by 
     the Secretary.''.

     SEC. 703. LONGSHORE AND HARBOR WORKERS COMPENSATION.

       Section 3(d)(3)(B) of the Longshore and Harbor Workers' 
     Compensation Act (33 U.S.C. 903(d)(3)(B)) is amended by 
     inserting after ``1,600 tons gross'' the following: ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title''.

     SEC. 704. RADIOTELEPHONE REQUIREMENTS.

       Section 4(a)(2) of the Vessel Bridge-to-Bridge 
     Radiotelephone Act (33 U.S.C. 1203(a)(2)) is amended by 
     inserting after ``one hundred gross tons'' the following ``as 
     measured under section 14502 of title 46, United States Code, 
     or an alternate tonnage measured under section 14302 of that 
     title as prescribed by the Secretary under section 14104 of 
     that title,''.

     SEC. 705. VESSEL OPERATING REQUIREMENTS.

       Section 4(a)(3) of the Ports and Waterways Safety Act (33 
     U.S.C. 1223(a)(3)) is amended by inserting after ``300 gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''.

     SEC. 706. MERCHANT MARINE ACT, 1920.

       Section 27A of the Merchant Marine Act, 1920 (46 App. 
     U.S.C. 883-1), is amended by inserting after ``five hundred 
     gross tons'' the following: ``as measured under section 14502 
     of title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title,''.

     SEC. 707. MERCHANT MARINE ACT, 1956.

       Section 2 of the Act of June 14, 1956 (46 App. U.S.C. 
     883a), is amended by inserting after ``five hundred gross 
     tons'' the following: ``as measured under section 14502 of 
     title 46, United States Code, or an alternate tonnage 
     measured under section 14302 of that title as prescribed by 
     the Secretary under section 14104 of that title''.

     SEC. 708. MARITIME EDUCATION AND TRAINING.

       Section 1302(4)(A) of the Merchant Marine Act, 1936 (46 
     U.S.C. App. 1295a(4)(a)) is amended by inserting after 
     ``1,000 gross tons or more'' the following: ``as measured 
     under section 14502 of title 46, United States Code, or an 
     alternate tonnage measured under section 14302 of that title 
     as prescribed by the Secretary under section 14104 of that 
     title''.

     SEC. 709. GENERAL DEFINITIONS.

       Section 2101 of title 46, United States Code, is amended--
       (1) in paragraph (13), by inserting after ``15 gross tons'' 
     the following: ``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'';
       (2) in paragraph (13a), by inserting after ``3,500 gross 
     tons'' the following: ``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'';
       (3) in paragraph (19), by inserting after ``500 gross 
     tons'' the following: ``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'';
       (4) in paragraph (22), by inserting after ``100 gross 
     tons'' the following: ``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'';
       (5) in paragraph (30)(A), by inserting after ``500 gross 
     tons'' the following: ``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'';
       (6) in paragraph (32), by inserting after ``100 gross 
     tons'' the following: ``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'';
       (7) in paragraph (33), by inserting after ``300 gross 
     tons'' the following: ``as measured under section 14502 of 
     this title, or an alternate tonnage measured under section 
     14302 of this title

[[Page H11495]]

     as prescribed by the Secretary under section 14104 of this 
     title'';
       (8) in paragraph (35), by inserting after ``100 gross 
     tons'' the following: ``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''; and
       (9) in paragraph (42), by inserting after ``100 gross 
     tons'' each place it appears, the following: ``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''.

     SEC. 710. AUTHORITY TO EXEMPT CERTAIN VESSELS.

       Section 2113 of title 46, United States Code, is amended--
       (1) in paragraph (4), by inserting after ``at least 100 
     gross tons but less than 300 gross tons'' the following: ``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''; and
       (2) in paragraph (5), by inserting after ``at least 100 
     gross tons but less than 500 gross tons'' the following: ``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''.

     SEC. 711. INSPECTION OF VESSELS.

       Section 3302 of title 46, United States Code, is amended--
       (1) in subsection (c)(1), by inserting after ``5,000 gross 
     tons'' the following: ``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'';
       (2) in subsection (c)(2), by inserting after ``500 gross 
     tons'' the following: ``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'';
       (3) in subsection (c)(4)(A), by inserting after ``500 gross 
     tons'' the following: ``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'';
       (4) in subsection (d)(1), by inserting after ``150 gross 
     tons'' the following: ``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'';
       (5) in subsection (i)(1)(A), by inserting after ``300 gross 
     tons'' the following: ``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''; and
       (6) in subsection (j), by inserting after ``15 gross tons'' 
     the following: ``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''.

     SEC. 712. REGULATIONS.

       Section 3306 of title 46, United States Code, is amended--
       (1) in subsection (h), by inserting after ``at least 100 
     gross tons but less than 300 gross tons'' the following: ``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''; and
       (2) in subsection (i), by inserting after ``at least 100 
     gross tons but less than 500 gross tons'' the following: ``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''.

     SEC. 713. PENALTIES--INSPECTION OF VESSELS.

       Section 3318 of title 46, United States Code, is amended--
       (1) in subsection (a), by inserting after ``100 gross 
     tons'' the following: ``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''; and
       (2) in subsection (j)(1), by inserting after ``1,600 gross 
     tons'' the following: ``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''.

     SEC. 714. APPLICATION--TANK VESSELS.

       Section 3702 of title 46, United States Code, is amended--
       (1) in subsection (b)(1), by inserting after ``500 gross 
     tons'' the following: ``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'';
       (2) in subsection (c), by inserting after ``500 gross 
     tons'' the following: ``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''; and
       (3) in subsection (d), by inserting after ``5,000 gross 
     tons'' the following: ``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''.

     SEC. 715. TANK VESSEL CONSTRUCTION STANDARDS.

       Section 3703a of title 46, United States Code, is amended--
       (1) in subsection (b)(2), by inserting after ``5,000 gross 
     tons'' the following: ``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'';
       (2) in subsection (c)(2), by inserting after ``5,000 gross 
     tons'' each place it appears the following: ``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'';
       (3) in subsection (c)(3)(A), by inserting after ``15,000 
     gross tons'' the following: ``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'';
       (4) in subsection (c)(3)(B), by inserting after ``30,000 
     gross tons'' the following: ``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''; and
       (5) in subsection (c)(3)(C), by inserting after ``30,000 
     gross tons'' the following: ``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''.

     SEC. 716. TANKER MINIMUM STANDARDS.

       Section 3707 of title 46, United States Code, is amended--
       (1) in subsection (a), by inserting after ``10,000 gross 
     tons'' the following: ``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''; and
       (2) in subsection (b), by inserting after ``10,000 gross 
     tons'' the following: ``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''.

     SEC. 717. SELF-PROPELLED TANK VESSEL MINIMUM STANDARDS.

       Section 3708 of title 46, United States Code, is amended by 
     inserting after ``10,000 gross tons'' the following: ``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''.

     SEC. 718. DEFINITION--ABANDONMENT OF BARGES.

       Section 4701(1) of title 46, United States Code, is amended 
     by inserting after ``100 gross tons'' the following: ``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''.

     SEC. 719. APPLICATION--LOAD LINES.

       Section 5102(b) of title 46, United States Code, is 
     amended--
       (1) in paragraph (4), by inserting after ``5,000 gross 
     tons'' the following: ``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'';
       (2) in paragraph (5), by inserting after ``500 gross tons'' 
     the following: ``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''; and
       (3) in paragraph (10), by inserting after ``150 gross 
     tons'' the following: ``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''.

     SEC. 720. LICENSING OF INDIVIDUALS.

       Section 7101(e)(3) of title 46, United States Code, is 
     amended by inserting after ``1,600 gross tons'' the 
     following: ``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''.

     SEC. 721. ABLE SEAMEN--LIMITED.

       Section 7308 of title 46, United States Code, is amended by 
     inserting after ``100 gross tons'' the following: ``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''.

     SEC. 722. ABLE SEAMEN--OFFSHORE SUPPLY VESSELS.

       Section 7310 of title 46, United States Code, is amended by 
     inserting after ``500 gross tons'' the following: ``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''.

     SEC. 723. SCALE OF EMPLOYMENT--ABLE SEAMEN.

       Section 7312 of title 46, United States Code, is amended--
       (1) in subsection (b), by inserting after ``1,600 gross 
     tons'' the following: ``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'';
       (2) in subsection (c)(1), by inserting after ``500 gross 
     tons'' the following: ``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'';
       (3) in subsection (d), by inserting after ``500 gross 
     tons'' the following: ``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'';
       (4) in subsection (f)(1), by inserting after ``5,000 gross 
     tons'' the following: ``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''; and
       (5) in subsection (f)(2), by inserting after ``5,000 gross 
     tons'' the following: ``as measured under section 14502 of 
     this title, or an alternate tonnage measured under section 
     14302 of this

[[Page H11496]]

     title as prescribed by the Secretary under section 14104 of 
     this title''.

     SEC. 724. GENERAL REQUIREMENTS--ENGINE DEPARTMENT.

       Section 7313(a) of title 46, United States Code, is amended 
     by inserting after ``100 gross tons'' the following: ``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''.

     SEC. 725. COMPLEMENT OF INSPECTED VESSELS.

       Section 8101(h) of title 46, United States Code, is amended 
     by inserting after ``100 gross tons'' the following: ``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''.

     SEC. 726. WATCHMEN.

       Section 8102(b) of title 46, United States Code, is amended 
     by inserting after ``100 gross tons'' the following: ``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''.

     SEC. 727. CITIZENSHIP AND NAVAL RESERVE REQUIREMENTS.

       Section 8103(b)(3)(A) of title 46, United States Code, is 
     amended by inserting after ``1,600 gross tons'' the 
     following: ``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''.

     SEC. 728. WATCHES.

       Section 8104 of title 46, United States Code, is amended--
       (1) in subsection (b), by inserting after ``100 gross 
     tons'' the following: ``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'';
       (2) in subsection (d), by inserting after ``100 gross 
     tons'' and after ``5,000 gross tons'' the following: ``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'';
       (3) in subsection (l)(1), by inserting after ``1,600 gross 
     tons'' the following: ``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'';
       (4) in subsection (m)(1), by inserting after ``1,600 gross 
     tons'' the following: ``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'';
       (5) in subsection (o)(1), by inserting after ``500 gross 
     tons'' the following: ``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''; and
       (6) in subsection (o)(2), by inserting after ``500 gross 
     tons'' the following: ``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''.

     SEC. 729. MINIMUM NUMBER OF LICENSED INDIVIDUALS.

       Section 8301 of title 46, United States Code, is amended--
       (1) in subsection (a)(2), by inserting after ``1,000 gross 
     tons'' the following: ``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'';
       (2) in subsection (a)(3), by inserting after ``at least 200 
     gross tons but less than 1,000 gross tons'' the following: 
     ``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'';
       (3) in subsection (a)(4), by inserting after ``at least 100 
     gross tons but less than 200 gross tons'' the following: ``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'';
       (4) in subsection (a)(5), by inserting after ``300 gross 
     tons'' the following: ``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''; and
       (5) in subsection (b), by inserting after ``200 gross 
     tons'' the following: ``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''.

     SEC. 730. OFFICERS' COMPETENCY CERTIFICATES CONVENTION.

       Section 8304(b)(4) of title 46, United States Code, is 
     amended by inserting after ``200 gross tons'' the following: 
     ``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''.

     SEC. 731. MERCHANT MARINERS' DOCUMENTS REQUIRED.

       Section 8701 of title 46, United States Code, is amended--
       (1) in subsection (a), by inserting after ``100 gross 
     tons'' the following: ``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''; and
       (2) in subsection (a)(6), by inserting after ``1,600 gross 
     tons'' the following: ``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''.

     SEC. 732. CERTAIN CREW REQUIREMENTS.

       Section 8702 of title 46, United States Code, is amended--
       (1) in subsection (a), by inserting after ``100 gross 
     tons'' the following: ``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''; and
       (2) in subsection (a)(6), by inserting after ``1,600 gross 
     tons'' the following: ``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''.

     SEC. 733. FREIGHT VESSELS.

       Section 8901 of title 46, United States Code, is amended by 
     inserting after ``100 gross tons'' the following: ``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''.

     SEC. 734. EXEMPTIONS.

       Section 8905(b) of title 46, United States Code, is amended 
     by inserting after ``200 gross tons'' the following: ``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''.

     SEC. 735. UNITED STATES REGISTERED PILOT SERVICE.

       Section 9303(a)(2) of title 46, United States Code, is 
     amended by inserting after ``4,000 gross tons'' the 
     following: ``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''.

     SEC. 736. DEFINITIONS--MERCHANT SEAMEN PROTECTION.

       Section 10101(4)(B) of title 46, United States Code, is 
     amended by inserting after ``1,600 gross tons'' the 
     following: ``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''.

     SEC. 737. APPLICATION--FOREIGN AND INTERCOASTAL VOYAGES.

       Section 10301(a)(2) of title 46, United States Code, is 
     amended by inserting after ``75 gross tons'' the following: 
     ``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''.

     SEC. 738. APPLICATION--COASTWISE VOYAGES.

       Section 10501(a) of title 46, United States Code, is 
     amended by inserting after ``50 gross tons'' the following: 
     ``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''.

     SEC. 739. FISHING AGREEMENTS.

       Section 10601(a)(1) of title 46, United States Code, is 
     amended by inserting after ``20 gross tons'' the following: 
     ``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''.

     SEC. 740. ACCOMMODATIONS FOR SEAMEN.

       Section 11101(a) of title 46, United States Code, is 
     amended by inserting after ``100 gross tons'' the following: 
     ``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''.

     SEC. 741. MEDICINE CHESTS.

       Section 11102(a) of title 46, United States Code, is 
     amended by inserting after ``75 gross tons'' the following: 
     ``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''.

     SEC. 742. LOGBOOK AND ENTRY REQUIREMENTS.

       Section 11301(a)(2) of title 46, United States Code, is 
     amended by inserting after ``100 gross tons'' the following: 
     ``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''.

     SEC. 743. COASTWISE ENDORSEMENTS.

       Section 12106(c)(1) of title 46, United States Code, is 
     amended by striking ``two hundred gross tons'' and inserting 
     ``200 gross tons 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''.

     SEC. 744. FISHERY ENDORSEMENTS.

       Section 12108(c)(1) of title 46, United States Code, is 
     amended by striking ``two hundred gross tons'' and inserting 
     ``200 gross tons 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''.

     SEC. 745. CONVENTION TONNAGE FOR LICENSES, CERTIFICATES, AND 
                   DOCUMENTS.

       (a) Authority To Use Convention Tonnage.--Chapter 75 of 
     title 46, United States Code, is amended by adding at the end 
     the following:

     ``Sec. 7506. Convention tonnage for licenses, certificates, 
       and documents

       ``Notwithstanding any provision of section 14302(c) or 
     14305 of this title, the Secretary may--
       ``(1) evaluate the service of an individual who is applying 
     for a license, a certificate of registry, or a merchant 
     mariner's document by using the

[[Page H11497]]

     tonnage as measured under chapter 143 of this title for the 
     vessels on which that service was acquired, and
       ``(2) issue the license, certificate, or document based on 
     that service.''.
       (b) Clerical Amendment.--The analysis to chapter 75 of 
     title 46, United States Code, is amended by adding a new item 
     as follows:

``7506. Convention tonnage for licenses, certificates, and 
              documents.''.

     SEC. 746. TECHNICAL CORRECTIONS.

       (a) Title 46, United States Code, is amended--
       (1) by striking the first section 12123 in chapter 121;
       (2) by striking the first item relating to section 12123 in 
     the table of sections for such chapter 121;
       (3) by striking ``proceeding'' in section 13108(a)(1) and 
     inserting ``preceding''; and
       (4) by striking ``Secertary'' in section 13108(a)(1) and 
     inserting ``Secretary''.
       (b) Section 645 of title 14, United States Code, is amended 
     by redesignating the second subsection (d) and subsections 
     (e) through (h) as subsection (e) and subsections (f) through 
     (i), respectively.
       (c) Effective September 30, 1996, the Act of November 6, 
     1966 (Public Law 89-777), is amended--
       (1) in section 2(d) (46 U.S.C. App. 817d(d)) by striking 
     ``Shipping Act, 1916,'' and inserting ``Shipping Act of 
     1984''; and
       (2) in section 3(d) (46 U.S.C. App. 817e(d)) by striking 
     ``Shipping Act, 1916,'' and inserting ``Shipping Act of 
     1984''.
       (d) Section 672 of title 14, United States Code, is amended 
     by striking the section heading and inserting the following:

     ``Sec. 672. Long-term lease authority for navigation and 
       communications systems sites''.

     SEC. 747. TECHNICAL CORRECTIONS TO REFERENCES TO ICC.

       Section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 
     883), is amended--
       (1) in the third proviso--
       (A) by striking ``Interstate Commerce Commission'' and 
     inserting ``Surface Transportation Board''; and
       (B) by striking ``said Commission'' and inserting ``the 
     Board''; and
       (2) in the fifth proviso--
       (A) by striking ``Interstate Commerce Commission'' the 
     first place it appears and inserting ``Surface Transportation 
     Board''; and
       (B) by striking ``Interstate Commerce Commission'' the 
     second place it appears and inserting ``Board''.
                    TITLE VIII--POLLUTION FROM SHIPS

     SEC. 801. PREVENTION OF POLLUTION FROM SHIPS.

       (a) In General.--Section 6 of the Act to Prevent Pollution 
     From Ships (33 U.S.C. 1905) is amended--
       (1) by striking ``(2) If'' in subsection (c)(2) and 
     inserting ``(2)(A) Subject to subparagraph (B), if''; and
       (2) by adding at the end of subsection (c)(2) the 
     following:
       ``(B) The Secretary may not issue a certificate attesting 
     to the adequacy of reception facilities under this paragraph 
     unless, prior to the issuance of the certificate, the 
     Secretary conducts an inspection of the reception facilities 
     of the port or terminal that is the subject of the 
     certificate.
       ``(C) The Secretary may, with respect to certificates 
     issued under this paragraph prior to the date of enactment of 
     the Coast Guard Authorization Act of 1996, prescribe by 
     regulation differing periods of validity for such 
     certificates.'';
       (3) by striking subsection (c)(3)(A) and inserting the 
     following:
       ``(A) is valid for the 5-year period beginning on the date 
     of issuance of the certificate, except that if--
       ``(i) the charge for operation of the port or terminal is 
     transferred to a person or entity other than the person or 
     entity that is the operator on the date of issuance of the 
     certificate--
       ``(I) the certificate shall expire on the date that is 30 
     days after the date of the transfer; and
       ``(II) the new operator shall be required to submit an 
     application for a certificate before a certificate may be 
     issued for the port or terminal; or
       ``(ii) the certificate is suspended or revoked by the 
     Secretary, the certificate shall cease to be valid; and''; 
     and
       (4) by striking subsection (d) and inserting the following:
       ``(d)(1) The Secretary shall maintain a list of ports or 
     terminals with respect to which a certificate issued under 
     this section--
       ``(A) is in effect; or
       ``(B) has been revoked or suspended.
       ``(2) The Secretary shall make the list referred to in 
     paragraph (1) available to the general public.''.
       (b) Reception Facility Placards.--Section 6(f) of the Act 
     to Prevent Pollution From Ships (33 U.S.C. 1905(f)) is 
     amended--
       (1) by inserting ``(1)'' before ``The Secretary''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) Not later than 18 months after the date of 
     enactment of the Coast Guard Authorization Act of 1996, the 
     Secretary shall promulgate regulations that require the 
     operator of each port or terminal that is subject to any 
     requirement of the MARPOL Protocol relating to reception 
     facilities to post a placard in a location that can easily be 
     seen by port and terminal users. The placard shall state, at 
     a minimum, that a user of a reception facility of the port or 
     terminal should report to the Secretary any inadequacy of the 
     reception facility.''.

     SEC. 802. MARINE PLASTIC POLLUTION RESEARCH AND CONTROL.

       (a) Compliance Reports.--Section 2201(a) of the Marine 
     Plastic Pollution Research and Control Act of 1987 (33 U.S.C. 
     1902 note) is amended--
       (1) by striking ``for a period of 6 years''; and
       (2) by inserting before the period at the end the 
     following: ``and, not later than 1 year after the date of 
     enactment of the Coast Guard Authorization Act of 1996, and 
     annually thereafter, shall publish in the Federal Register a 
     list of the enforcement actions taken against any domestic or 
     foreign ship (including any commercial or recreational ship) 
     pursuant to the Act to Prevent Pollution from Ships (33 
     U.S.C. 1901 et seq.)''.
       (b) Coordination.--Section 2203 of the Marine Plastic 
     Pollution Research and Control Act of 1987 (101 Stat. 1466) 
     is amended to read as follows:

     ``SEC. 2203. COORDINATION.

       ``(a) Establishment of Marine Debris Coordinating 
     Committee.--The Secretary of Commerce shall establish a 
     Marine Debris Coordinating Committee.
       ``(b) Membership.--The Committee shall include a senior 
     official from--
       ``(1) the National Oceanic and Atmospheric Administration, 
     who shall serve as the Chairperson of the Committee;
       ``(2) the Environmental Protection Agency;
       ``(3) the United States Coast Guard;
       ``(4) the United States Navy; and
       ``(5) such other Federal agencies that have an interest in 
     ocean issues or water pollution prevention and control as the 
     Secretary of Commerce determines appropriate.
       ``(c) Meetings.--The Committee shall meet at least twice a 
     year to provide a forum to ensure the coordination of 
     national and international research, monitoring, education, 
     and regulatory actions addressing the persistent marine 
     debris problem.
       ``(d) Monitoring.--The Secretary of Commerce, acting 
     through the Administrator of the National Oceanic and 
     Atmospheric Administration, in cooperation with the 
     Administrator of the Environmental Protection Agency, shall 
     utilize the marine debris data derived under title V of the 
     Marine Protection, Research, and Sanctuaries Act of 1972 (33 
     U.S.C. 2801 et seq.) to assist--
       ``(1) the Committee in ensuring coordination of research, 
     monitoring, education and regulatory actions; and
       ``(2) the United States Coast Guard in assessing the 
     effectiveness of this Act and the Act to Prevent Pollution 
     from Ships in ensuring compliance under section 2201.''.
       (c) Public Outreach Program.--Section 2204(a) of the Marine 
     Plastic Pollution Research and Control Act of 1987 (42 U.S.C. 
     6981 note) is amended--
       (1) by striking ``for a period of at least 3 years,'' in 
     paragraph (1) in the matter preceding subparagraph (A);
       (2) by striking ``and'' at the end of paragraph (1)(C);
       (3) by striking the period at the end of subparagraph 
     (1)(D) and inserting ``; and'';
       (4) by adding at the end of paragraph (1) the following:
       ``(E) the requirements under this Act and the Act to 
     Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) with 
     respect to ships and ports, and the authority of citizens to 
     report violations of this Act and the Act to Prevent 
     Pollution from Ships (33 U.S.C. 1901 et seq.).''; and
       (5) by striking paragraph (2) and inserting the following:
       ``(2) Authorized activities.--
       ``(A) Public outreach program.--A public outreach program 
     under paragraph (1) may include--
       ``(i) developing and implementing a voluntary boaters' 
     pledge program;
       ``(ii) workshops with interested groups;
       ``(iii) public service announcements;
       ``(iv) distribution of leaflets and posters; and
       ``(v) any other means appropriate to educating the public.
       ``(B) Grants and cooperative agreements.--To carry out this 
     section, the Secretary of the department in which the Coast 
     Guard is operating, the Secretary of Commerce, and the 
     Administrator of the Environmental Protection Agency are 
     authorized to award grants, enter into cooperative agreements 
     with appropriate officials of other Federal agencies and 
     agencies of States and political subdivisions of States and 
     with public and private entities, and provide other financial 
     assistance to eligible recipients.
       ``(C) Consultation.--In developing outreach initiatives for 
     groups that are subject to the requirements of this title and 
     the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et 
     seq.), the Secretary of the department in which the Coast 
     Guard is operating, in consultation with the Secretary of 
     Commerce, acting through the Administrator of the National 
     Oceanic and Atmospheric Administration, and the Administrator 
     of the Environmental Protection Agency, shall consult with--
       ``(i) the heads of State agencies responsible for 
     implementing State boating laws; and
       ``(ii) the heads of other enforcement agencies that 
     regulate boaters or commercial fishermen.''.
                     TITLE IX--TOWING VESSEL SAFETY

     SEC. 901. REDUCTION OF OIL SPILLS FROM NON-SELF-PROPELLED 
                   TANK VESSELS.

       (a) In General.--Chapter 37 of title 46, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 3719. Reduction of oil spills from single hull non-
       self-propelled tank vessels

       ``The Secretary shall, in consultation with the Towing 
     Safety Advisory Committee and taking into consideration the 
     characteristics, methods of operation, and the size and 
     nature of service of single hull non-self-propelled tank 
     vessels

[[Page H11498]]

     and towing vessels, prescribe regulations requiring a single 
     hull non-self-propelled tank vessel that operates in the open 
     ocean or coastal waters, or the vessel towing it, to have at 
     least one of the following:
       ``(1) A crew member and an operable anchor on board the 
     tank vessel that together are capable of arresting the tank 
     vessel without additional assistance under reasonably 
     foreseeable sea conditions.
       ``(2) An emergency system on the tank vessel or towing 
     vessel that without additional assistance under reasonably 
     foreseeable sea conditions will allow the tank vessel to be 
     retrieved by the towing vessel if the tow line ruptures.
       ``(3) Any other measure or combination of measures that the 
     Secretary determines will provide protection against 
     grounding of the tank vessel comparable to that provided by 
     the measures described in paragraph (1) or (2).''.
       (b) Deadline.--The Secretary of the department in which the 
     Coast Guard is operating shall issue regulations required 
     under section 3719 of title 46, United States Code, as added 
     by subsection (a), by not later than October 1, 1997.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 37 of title 46, United States Code, is 
     amended by adding at the end the following new item:

``3719. Reduction of oil spills from non-self-propelled tank 
              vessels.''.

     SEC. 902. REQUIREMENT FOR FIRE SUPPRESSION DEVICES.

       (a) In General.--Section 4102 of title 46, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(f)(1) The Secretary, in consultation with the Towing 
     Safety Advisory Committee and taking into consideration the 
     characteristics, methods of operation, and nature of service 
     of towing vessels, may require the installation, maintenance, 
     and use of a fire suppression system or other measures to 
     provide adequate assurance that fires on board towing vessels 
     can be suppressed under reasonably foreseeable circumstances.
       ``(2) The Secretary shall require under paragraph (1) the 
     use of a fire suppression system or other measures to provide 
     adequate assurance that a fire on board a towing vessel that 
     is towing a non-self-propelled tank vessel can be suppressed 
     under reasonably foreseeable circumstances.''.
       (b) Regulations.--The Secretary of the department in which 
     the Coast Guard is operating shall issue regulations 
     establishing the requirement described in subsection (f)(2) 
     of section 4102 of title 46, United States Code, as added by 
     this section, by not later than October 1, 1997.

     SEC. 903. STUDIES ADDRESSING VARIOUS SOURCES OF OIL SPILL 
                   RISK.

       (a) Study of Group-5 Fuel Oil Spills.--
       (1) Definition.--In this subsection, the term ``group-5 
     fuel oil'' means a petroleum-based oil that has a specific 
     gravity of greater than 1.0.
       (2) Coordination of study.--The Secretary of Transportation 
     shall coordinate with the Marine Board of the National 
     Research Council to conduct a study of the relative 
     environmental and public health risks posed by discharges of 
     group-5 fuel oil.
       (3) Matters to be included.--The study under this 
     subsection shall include a review and analysis of--
       (A) the specific risks posed to the public health or 
     welfare of the United States, including fish, shellfish and 
     wildlife, public and private property, shorelines, beaches, 
     habitat, and other natural resources under the jurisdiction 
     or control of the United States, as a result of an actual or 
     threatened discharge of group-5 fuel oil from a vessel or 
     facility;
       (B) cleanup technologies currently available to address 
     actual or threatened discharge of group-5 fuel oil; and
       (C) any technological and financial barriers that prevent 
     the prompt remediation of discharges of group-5 fuel oil.
       (4) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     submit to the Committee on Environment and Public Works and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate, and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the results of the study under this subsection.
       (5) Rulemaking.--If the Secretary of Transportation 
     determines, based on the results of the study under this 
     subsection, that there are significant risks to public health 
     or the environment resulting from the actual or threatened 
     discharge of group-5 fuel oil from a vessel or facility that 
     cannot be technologically or economically addressed by 
     existing or anticipated cleanup efforts, the Secretary may 
     initiate a rulemaking to take such action as is necessary to 
     abate the threat.
       (b) Study of Automatic Fueling Shutoff Equipment.--
       (1) Coordination of study.--The Secretary of Transportation 
     shall coordinate with the Marine Board of the National 
     Research Council to conduct a study of the unintentional or 
     accidental discharge of fuel oil during lightering or fuel 
     loading or off-loading activity.
       (2) Matters to be included.--The study under this 
     subsection shall include a review and analysis of current 
     monitoring and fueling practices to determine the need for 
     automatic fuel shutoff equipment to prevent the accidental 
     discharge of fuel oil, and whether such equipment is needed 
     as a supplement to or replacement of existing preventive 
     equipment or procedures.
       (3) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     submit to the Committee on Environment and Public Works and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on the results of 
     the study under this subsection.
       (4) Rulemaking.--If the Secretary of Transportation 
     determines, based on the results of the study conducted under 
     this subsection, that the use of automatic oil shutoff 
     equipment is necessary to prevent the actual or threatened 
     discharge of oil during lightering or fuel loading or off 
     loading activity, the Secretary may initiate a rulemaking to 
     take such action as is necessary to abate a threat to public 
     health or the environment.
       (c) Lightering Study.--The Secretary of Transportation 
     shall coordinate with the Marine Board of the National 
     Research Council on a study into the actual incidence and 
     risk of oil spills from lightering operations off the coast 
     of the United States. Among other things, the study shall 
     address the manner in which existing regulations are serving 
     to reduce oil spill risks. The study shall take into account 
     current or proposed international rules and standards and 
     also include recommendations on measures that would be likely 
     to further reduce the risks of oil spills from lightering 
     operations. Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit a report on 
     the study to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
                          TITLE X--CONVEYANCES

     SEC. 1001. CONVEYANCE OF LIGHTHOUSES.

       (a) Authority To Convey.--
       (1) In general.--The Secretary of Transportation or the 
     Secretary of the Interior, as appropriate, shall convey, by 
     an appropriate means of conveyance, all right, title, and 
     interest of the United States in and to each of the following 
     properties:
       (A) Cape Ann Lighthouse, located on Thachers Island, 
     Massachusetts, to the town of Rockport, Massachusetts.
       (B) Light Station Montauk Point, located at Montauk, New 
     York, to the Montauk Historical Association in Montauk, New 
     York.
       (C) Squirrel Point Light, located in Arrowsic, Maine, to 
     Squirrel Point Associates, Incorporated.
       (D) Point Arena Light Station, located in Mendocino County, 
     California, to the Point Arena Lighthouse Keepers, 
     Incorporated.
       (E) Saint Helena Island Light Station, located in MacKinac 
     County, Moran Township, Michigan, to the Great Lakes 
     Lighthouse Keepers Association.
       (F) Presque Isle Light Station, located in Presque Isle 
     Township, Michigan, to Presque Isle Township, Presque Isle 
     County, Michigan.
       (G) Cove Point Lighthouse, located in Calvert County, 
     Maryland, to Calvert County, Maryland.
       (2) Identification of property.--The Secretary may 
     identify, describe, and determine the property to be conveyed 
     under this subsection.
       (3) Exception.--The Secretary may not convey any historical 
     artifact, including any lens or lantern, located on the 
     property at or before the time of the conveyance.
       (b) Terms of Conveyance.--
       (1) In general.--The conveyance of property under this 
     section shall be made--
       (A) without payment of consideration; and
       (B) subject to the conditions required by this section and 
     other terms and conditions the Secretary may consider 
     appropriate.
       (2) Reversionary interest.--In addition to any term or 
     condition established under this section, the conveyance of 
     property under this subsection shall be subject to the 
     condition that all right, title, and interest in the property 
     shall immediately revert to the United States if--
       (A) the property, or any part of the property--
       (i) ceases to be used as a nonprofit center for the 
     interpretation and preservation of maritime history;
       (ii) ceases to be maintained in a manner that ensures its 
     present or future use as a Coast Guard aid to navigation; or
       (iii) ceases to be maintained in a manner consistent with 
     the provisions of the National Historic Preservation Act of 
     1966 (16 U.S.C. 470 et seq.); or
       (B) at least 30 days before that reversion, the Secretary 
     of Transportation provides written notice to the owner that 
     the property is needed for national security purposes.
       (3) Maintenance of navigation functions.--A conveyance of 
     property under this section shall be made subject to the 
     conditions that the Secretary of Transportation considers to 
     be necessary to assure that--
       (A) the lights, antennas, sound signal, electronic 
     navigation equipment, and associated lighthouse equipment 
     located on the property conveyed, which are active aids to 
     navigation, shall continue to be operated and maintained by 
     the United States for as long as they are needed for this 
     purpose;
       (B) the owner of the property may not interfere or allow 
     interference in any manner with aids to navigation without 
     express written permission from the Secretary of 
     Transportation;
       (C) there is reserved to the United States the right to 
     relocate, replace, or add any aid to navigation or make any 
     changes to the property as may be necessary for navigational 
     purposes;
       (D) the United States shall have the right, at any time, to 
     enter the property without notice for the purpose of 
     maintaining aids to navigation; and
       (E) the United States shall have an easement of access to 
     and across the property for the purpose of maintaining the 
     aids to navigation in use on the property.
       (4) Obligation limitation.--The owner of property conveyed 
     under this section is not required to maintain any active aid 
     to navigation equipment on the property.
       (5) Property to be maintained in accordance with certain 
     laws.--The owner of property conveyed under this section 
     shall maintain

[[Page H11499]]

     the property in accordance with the National Historic 
     Preservation Act of 1966 (16 U.S.C. 470 et seq.) and other 
     applicable laws.
       (c) Maintenance Standard.--The owner of any property 
     conveyed under this section, at its own cost and expense, 
     shall maintain the property in a proper, substantial, and 
     workmanlike manner.
       (d) Definitions.--For purposes of this section:
       (1) The term ``Montauk Light Station'' includes the 
     keeper's dwellings, adjacent Coast Guard rights-of-way, the 
     World War II submarine spotting tower, the lighthouse tower, 
     and the paint locker.
       (2) The term ``owner'' means the person identified in 
     subsection (a)(1)(A) through (G), and includes any successor 
     of assign of that person.
       (3) The term ``Point Arena Light Station'' includes the 
     light tower building, fog signal building, 2 small shelters, 
     4 residential quarters, and a restroom facility.
       (4) The term ``Squirrel Point Light'' includes the light 
     tower, dwelling, boat house, oil house, barn, any other 
     ancillary buildings, and any other land as may be necessary 
     for the owner to operate a nonprofit center for public 
     benefit.
       (5) The term ``Presque Isle Light Station'' includes the 
     light tower, attached dwelling, detached dwelling, 3-car 
     garage, and any other improvements on that parcel of land.

     SEC. 1002. CONVEYANCE OF CERTAIN LIGHTHOUSES LOCATED IN 
                   MAINE.

       (a) Authority To Convey.--
       (1) In general.--The Secretary of Transportation (in this 
     section referred to as the ``Secretary'') shall convey to an 
     entity recommended by the Island Institute, Rockland, Maine 
     (in this section referred to as the ``Institute''), and 
     approved by the Selection Committee established in subsection 
     (d)(3)(A), by an appropriate means of conveyance, all right, 
     title, and interest of the United States in and to any of the 
     facilities and real property and improvements described in 
     paragraph (2).
       (2) Identification of properties.--Paragraph (1) applies to 
     lighthouses, together with any real property and other 
     improvements associated therewith, located in the State of 
     Maine as follows:
       (A) Burnt Island Light.
       (B) Rockland Harbor Breakwater Light.
       (C) Monhegan Island Light.
       (D) Eagle Island Light.
       (E) Curtis Island Light.
       (F) Moose Peak Light.
       (G) Great Duck Island Light.
       (H) Goose Rocks Light.
       (I) Isle au Haut Light.
       (J) Goat Island Light.
       (K) Wood Island Light.
       (L) Doubling Point Light.
       (M) Doubling Point Front Range Light.
       (N) Doubling Point Rear Range Light.
       (O) Little River Light.
       (P) Spring Point Ledge Light.
       (Q) Ram Island Light (Boothbay).
       (R) Seguin Island Light.
       (S) Marshall Point Light.
       (T) Fort Point Light.
       (U) West Quoddy Head Light.
       (V) Brown's Head Light.
       (W) Cape Neddick Light.
       (X) Halfway Rock Light.
       (Y) Ram Island Ledge Light.
       (Z) Mount Desert Rock Light.
       (AA) Whitlock's Mill Light.
       (BB) Nash Island Light.
       (CC) Manana Island Fog Signal Station.
       (DD) Franklin Island Light.
       (3) Deadline for conveyance.--(A) The conveyances 
     authorized by this subsection shall take place not later than 
     2 years after the date of the enactment of this Act.
       (B) During the period described in subparagraph (A), the 
     Secretary may not transfer or convey any right, title, or 
     interest in the properties listed in paragraph (2) in any 
     manner that is inconsistent with this section, nor shall the 
     Secretary transfer these properties to the General Services 
     Administration for disposal, unless the Selection Committee 
     notifies the Secretary that an eligible entity referred to in 
     subsection (d)(2) will not be identified during that period.
       (C) During the period described in subparagraph (A), no 
     other provision of law concerning the disposal of Federal 
     property that is inconsistent in any manner with the 
     provisions of this section shall apply to the properties 
     listed in paragraph (2).
       (4) Additional conveyances.--The Secretary may transfer, in 
     accordance with the terms and conditions of subsection (b), 
     the following lighthouses, together with any real property 
     and improvements associated therewith--
       (A) directly to the United States Fish and Wildlife 
     Service:
       (i) Two Bush Island Light.
       (ii) Egg Rock Light.
       (iii) Libby Island Light.
       (iv) Matinicus Rock Light.
       (B) to the Institute, with the concurrence of the Maine 
     Lighthouse Selection Committee:
       (i) Whitehead Island Light.
       (ii) Deer Island Thorofare (Mark Island) Light.
       (b) Terms of Conveyance.--
       (1) In general.--The conveyance of property pursuant to 
     this section shall be made--
       (A) without payment of consideration; and
       (B) subject to the conditions required by this section and 
     other terms and conditions the Secretary may consider 
     appropriate.
       (2) Maintenance of navigation function.--The conveyance of 
     property pursuant to this section shall be made subject to 
     the conditions that the Secretary considers necessary to 
     assure that--
       (A) the lights, antennas, sound signal, electronic 
     navigation equipment, and associated lighthouse equipment 
     located on the property conveyed, which are active aids to 
     navigation, shall continue to be operated and maintained by 
     the United States;
       (B) the Institute, the United States Fish and Wildlife 
     Service, and an entity to which property is conveyed under 
     this section may not interfere or allow interference in any 
     manner with aids to navigation without express written 
     permission from the Secretary;
       (C) there is reserved to the United States the right to 
     relocate, replace, or add any aid to navigation or make any 
     changes to property conveyed under this section as may be 
     necessary for navigational purposes;
       (D) the United States shall have the right, at any time, to 
     enter property conveyed under this section without notice for 
     the purpose of maintaining aids to navigation; and
       (E) the United States shall have an easement of access to 
     and across property conveyed under this section for the 
     purpose of maintaining the aids to navigation in use on the 
     property.
       (3) Obligation limitation.--The Institute, or any entity to 
     which a lighthouse is conveyed under subsection (d), is not 
     required to maintain any active aid to navigation equipment 
     on a property conveyed under this section.
       (4) Reversionary interest.--In addition to any term or 
     condition established pursuant to this section, the 
     conveyance of property pursuant to this section shall be 
     subject to the condition that all right, title, and interest 
     in such property shall immediately revert to the United 
     States if--
       (A) such property or any part of such property ceases to be 
     used for educational, historic, recreational, cultural, and 
     wildlife conservation programs for the general public and for 
     such other uses as the Secretary determines to be not 
     inconsistent or incompatible with such uses;
       (B) such property or any part of such property ceases to be 
     maintained in a manner that ensures its present or future use 
     as a Coast Guard aid to navigation; or
       (C) such property or any part of such property ceases to be 
     maintained in a manner consistent with the provisions of the 
     National Historic Preservation Act of 1966 (16 U.S.C. 470 et 
     seq.).
       (c) Inspection.--The State Historic Preservation Officer of 
     the State of Maine may at any time inspect any lighthouse, 
     and any real property and improvements associated therewith, 
     that is conveyed under this section to an entity that is not 
     a Federal agency, without notice, for purposes of ensuring 
     that the lighthouse is being maintained in the manner 
     required under subsection (b). The Institute, and conveyees 
     under subsection (d) that are not Federal agencies, shall 
     cooperate with the official referred to in the preceding 
     sentence in the inspections of that official under this 
     subsection.
       (d) Conveyance of Lighthouses.--
       (1) Requirement.--The Secretary shall convey, without 
     consideration, all right, title, and interest of the United 
     States in and to the lighthouses identified in subsection 
     (a)(2), together with any real property and improvements 
     associated therewith, to one or more entities identified 
     under paragraph (2) and approved by the committee established 
     under paragraph (3) in accordance with the provisions of such 
     paragraph (3).
       (2) Identification of eligible entities.--
       (A) In general.--Subject to subparagraph (B), the Institute 
     shall identify entities eligible for the conveyance of a 
     lighthouse under this subsection. Such entities shall include 
     any department or agency of the Federal Government, any 
     department or agency of the government of the State of Maine, 
     any local government in that State, or any nonprofit 
     corporation, educational agency, or community development 
     organization that--
       (i) is financially able to maintain the lighthouse (and any 
     real property and improvements conveyed therewith) in 
     accordance with the conditions set forth in subsection (b);
       (ii) has agreed to permit the inspections referred to in 
     subsection (c); and
       (iii) has agreed to comply with the conditions set forth in 
     subsection (b); and to have such conditions recorded with the 
     deed of title to the lighthouse and any real property and 
     improvements that may be conveyed therewith.
       (B) Order of priority.--In identifying entities eligible 
     for the conveyance of a lighthouse under this paragraph, the 
     Institute shall give priority to entities in the following 
     order, which are also the exclusive entities eligible for the 
     conveyance of a lighthouse under this section:
       (i) Agencies of the Federal Government.
       (ii) Entities of the government of the State of Maine.
       (iii) Entities of local governments in the State of Maine.
       (iv) Nonprofit corporations, educational agencies, and 
     community development organizations.
       (3) Selection of conveyees among eligible entities.--
       (A) Committee.--
       (i) In general.--There is hereby established a committee to 
     be known as the Maine Lighthouse Selection Committee (in this 
     paragraph referred to as the ``Committee'').
       (ii) Membership.--The Committee shall consist of five 
     members appointed by the Secretary, in consultation with the 
     Advisory Council on Historic Preservation, as follows:

       (I) One member, who shall serve as the Chairman of the 
     Committee, shall be appointed from among individuals 
     recommended by the Governor of the State of Maine.

       (II) One member shall be the State Historic Preservation 
     Officer of the State of Maine, with the consent of that 
     official, or a designee of that official.
       (III) One member shall be appointed from among individuals 
     recommended by State and local organizations in the State of 
     Maine that are concerned with lighthouse preservation or 
     maritime heritage matters.

[[Page H11500]]

       (IV) One member shall be appointed from among individuals 
     recommended by officials of local governments of the 
     municipalities in which the lighthouses are located.
       (V) One member shall be appointed from among individuals 
     recommended by the Secretary of the Interior.

       (iii) Appointment deadline.--The Secretary shall appoint 
     the members of the Committee not later than 90 days after the 
     date of the enactment of this Act.
       (iv) Membership term.--

       (I) Members of the Committee shall serve for such terms not 
     longer than 2 years as the Secretary shall provide. The 
     Secretary may stagger the terms of initial members of the 
     Committee in order to ensure continuous activity by the 
     Committee.
       (II) Any member of the Committee may serve after the 
     expiration of the term of the member until a successor to the 
     member is appointed. A vacancy in the Committee shall be 
     filled in the same manner in which the original appointment 
     was made.

       (v) Voting.--The Committee shall act by an affirmative vote 
     of a majority of the members of the Committee.
       (B) Responsibilities.--
       (i) In general.--The Committee shall--

       (I) review the entities identified by the Institute under 
     paragraph (2) as entities eligible for the conveyance of a 
     lighthouse; and
       (II) approve one such entity, or disapprove all such 
     entities, as entities to which the Secretary may make the 
     conveyance of the lighthouse under this subsection.

       (ii) Approval.--If the Committee approves an entity for the 
     conveyance of a lighthouse, the Committee shall notify the 
     Institute of such approval. The Institute shall forward such 
     recommendations to the Secretary.
       (iii) Disapproval.--If the Committee disapproves of the 
     entities, the Committee shall notify the Institute and the 
     Institute shall identify other entities eligible for the 
     conveyance of the lighthouse under paragraph (2). The 
     Committee shall review and approve or disapprove entities 
     identified pursuant to the preceding sentence in accordance 
     with this subparagraph and the criteria set forth in 
     subsection (b).
       (C) Exemption from faca.--The Federal Advisory Committee 
     Act (5 App. U.S.C.) shall not apply to the Committee, 
     however, all meetings of the Committee shall be open to the 
     public and preceded by appropriate public notice.
       (D) Termination.--The Committee shall terminate 2 years 
     from the date of the enactment of this Act.
       (E) Funding.--Nothing in this section shall imply a 
     commitment or obligation of any department or agency of the 
     Federal Government to fund the expenses of the Committee.
       (4) Conveyance.--Upon notification under paragraph 
     (3)(B)(ii) of the approval of an identified entity for 
     conveyance of a lighthouse under this subsection, the 
     Secretary shall, with the consent of the entity, convey the 
     lighthouse to the entity.
       (5) Responsibilities of conveyees.--Each entity to which 
     the Secretary conveys a lighthouse under this subsection, or 
     any successor or assign of such entity in perpetuity, shall--
       (A) use and maintain the lighthouse in accordance with 
     subsection (b) and have such terms and conditions recorded 
     with the deed of title to the lighthouse and any real 
     property conveyed therewith; and
       (B) permit the inspections referred to in subsection (c).
       (e) Description of Property.--The legal description of any 
     lighthouse, and any real property and improvements associated 
     therewith, conveyed under subsection (a) shall be determined 
     by the Secretary. The Secretary shall retain all right, 
     title, and interest of the United States in and to any 
     historical artifact, including any lens or lantern, that is 
     associated with the lighthouses conveyed under this 
     subsection, whether located at the lighthouse or elsewhere. 
     The Secretary shall identify any equipment, system, or object 
     covered by this paragraph.

     SEC. 1003. TRANSFER OF COAST GUARD PROPERTY IN GOSNOLD, 
                   MASSACHUSETTS.

       (a) Conveyance Requirement.--The Secretary of 
     Transportation may convey to the town of Gosnold, 
     Massachusetts, without reimbursement and by no later than 120 
     days after the date of enactment of this Act, all right, 
     title, and interest of the United States in and to the 
     property known as the ``United States Coast Guard Cuttyhunk 
     Boathouse and Wharf'', as described in subsection (c).
       (b) Conditions.--Any conveyance of property under 
     subsection (a) shall be subject to the condition that the 
     Coast Guard shall retain in perpetuity and at no cost--
       (1) the right of access to, over, and through the 
     boathouse, wharf, and land comprising the property at all 
     times for the purpose of berthing vessels, including vessels 
     belonging to members of the Coast Guard Auxiliary; and
       (2) the right of ingress to and egress from the property 
     for purposes of access to Coast Guard facilities and 
     performance of Coast Guard functions.
       (c) Property Described.--The property referred to in 
     subsection (a) is real property located in the town of 
     Gosnold, Massachusetts (including all buildings, structures, 
     equipment, and other improvements), as determined by the 
     Secretary of Transportation.

     SEC. 1004. CONVEYANCE OF PROPERTY IN KETCHIKAN, ALASKA.

       (a) Authority To Convey.--The Secretary of Transportation 
     or the Administrator of General Services, as appropriate, 
     shall convey to the Ketchikan Indian Corporation in 
     Ketchikan, Alaska, without reimbursement and by no later than 
     120 days after the date of enactment of this Act, all right, 
     title, and interest of the United States in and to the 
     property known as the ``Former Marine Safety Detachment'' as 
     identified in Report of Excess Number CG-689 (GSA Control 
     Number 9-U-AK-0747) and described in subsection (b), for use 
     as a health or social services facility.
       (b) Identification of Property.--The Secretary or the 
     Administrator, as appropriate, shall identify, describe, and 
     determine the property to be conveyed pursuant to this 
     section.
       (c) Reversionary Interest.--(1) The conveyance of property 
     described in subsection (b) shall be subject to the 
     conditions that--
       (A) the existing buildings on such property shall be 
     demolished and removed by not later than July 3, 1997; and
       (B) such property, and all right, title and interest in 
     such property, shall transfer to the City of Ketchikan if, 
     within 24 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 
     (including local permitting requirements, but not financing 
     plans) and received approval from the City of Ketchikan for 
     such plans or the written consent of the City to exceed this 
     period.
       (2) If 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 in a health-
     related or hospital-related capacity.

     SEC. 1005. CONVEYANCE OF PROPERTY IN TRAVERSE CITY, MICHIGAN.

       (a) Authority To Convey.--The Secretary of Transportation 
     (or any other official having control over the property 
     described in subsection (b)) shall expeditiously convey to 
     the Traverse City Area Public School District in Traverse 
     City, Michigan, without consideration, all right, title, and 
     interest of the United States in and to the property 
     identified, described, and determined by the Secretary under 
     subsection (b), subject to all easements and other interests 
     in the property held by any other person.
       (b) Identification of Property.--The Secretary shall 
     identify, describe, and determine the property to be conveyed 
     pursuant to this section.
       (c) Reversionary Interest.--In addition to any term or 
     condition established pursuant to subsection (a) or (d), any 
     conveyance of property described in subsection (b) shall be 
     subject to the condition that all right, title, and interest 
     in and to the property so conveyed shall immediately revert 
     to the United States if the property, or any part thereof, 
     ceases to be used by the Traverse City Area Public School 
     District.
       (d) Terms of Conveyance.--The conveyance of property under 
     this section shall be subject to such conditions as the 
     Secretary considers to be necessary to assure that--
       (1) the pump room located on the property shall continue to 
     be operated and maintained by the United States for as long 
     as it is needed for this purpose;
       (2) the United States shall have an easement of access to 
     the property for the purpose of operating and maintaining the 
     pump room; and
       (3) the United States shall have the right, at any time, to 
     enter the property without notice for the purpose of 
     operating and maintaining the pump room.

     SEC. 1006. TRANSFER OF COAST GUARD PROPERTY IN NEW SHOREHAM, 
                   RHODE ISLAND.

       (a) Requirement.--The Secretary of Transportation (or any 
     other official having control over the property described in 
     subsection (b)) may convey to the town of New Shoreham, Rhode 
     Island, without consideration, all right, title, and interest 
     of the United States in and to the property known as the 
     United States Coast Guard Station Block Island, as described 
     in subsection (b), subject to all easements and other 
     interest in the property held by any other person.
       (b) Property Described.--The property referred to in 
     subsection (a) is real property (including buildings and 
     improvements) located on the west side of Block Island, Rhode 
     Island, at the entrance to the Great Salt Pond and referred 
     to in the books of the Tax Assessor of the town of New 
     Shoreham, Rhode Island, as lots 10 and 12, comprising 
     approximately 10.7 acres.
       (c) Reversionary Interest.--In addition to any term or 
     condition established pursuant to subsection (a), any 
     conveyance of property under subsection (a) shall be subject 
     to the condition that all right, title, and interest in and 
     to the property so conveyed shall immediately revert to the 
     United States if the property, or any part thereof, ceases to 
     be used by the town of New Shoreham, Rhode Island.

     SEC. 1007. CONVEYANCE OF PROPERTY IN SANTA CRUZ, CALIFORNIA.

       (a) Authority To Convey.--
       (1) In general.--The Secretary of Transportation (referred 
     to in this section as the ``Secretary'') may convey to the 
     Santa Cruz Port District by an appropriate means of 
     conveyance, all right, title, and interest of the United 
     States in and to the property described in paragraph (2).
       (2) Identification of property.--The Secretary may 
     identify, describe, and determine the property to be conveyed 
     pursuant to this section.
       (b) Consideration.--Any conveyance of property pursuant to 
     this section shall be made without payment of consideration.
       (c) Condition.--The conveyance provided for in subsection 
     (a) may be made contingent upon agreement by the Port 
     District that--
       (1) the utility systems, building spaces, and facilities or 
     any alternate, suitable facilities and buildings on the 
     harbor premises would be available for joint use by the Port 
     District and the Coast Guard when deemed necessary by the 
     Coast Guard; and

[[Page H11501]]

       (2) the Port District would be responsible for paying the 
     cost of maintaining, operating, and replacing (as necessary) 
     the utility systems and any buildings and facilities located 
     on the property as described in subsection (a) or on any 
     alternate, suitable property on the harbor premises set aside 
     for use by the Coast Guard.
       (d) Reversionary Interest.--Any conveyance of property 
     pursuant to this section shall be subject to the condition 
     that all right, title, and interest in Subunit Santa Cruz 
     shall immediately revert to the United States--
       (1) if Subunit Santa Cruz ceases to be maintained as a 
     nonprofit center for education, training, administration, and 
     other public service to include use by the Coast Guard; or
       (2) at the end of the thirty day period beginning on any 
     date on which the Secretary provides written notice to the 
     Santa Cruz Port District that Subunit Santa Cruz is needed 
     for national security purposes.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
       (f) Definitions.--For purposes of this section--
       (1) ``Subunit Santa Cruz'' means the Coast Guard property 
     and improvements located at Santa Cruz, California;
       (2) ``Secretary'' means the Secretary of the department in 
     which the Coast Guard is operating; and
       (3) ``Port District'' means the Santa Cruz Port District, 
     or any successor or assign.

     SEC. 1008. CONVEYANCE OF VESSEL S/S RED OAK VICTORY.

       (a) In General.--Notwithstanding any other law, the 
     Secretary of Transportation (referred to in this section as 
     the ``Secretary'') may convey the right, title, and interest 
     of the United States Government in and to the vessel S/S RED 
     OAK VICTORY (Victory Ship VCS-AP2; United States Navy Hull 
     No. AK235) to the City of Richmond Museum Association, Inc., 
     located in Richmond, California (in this section referred to 
     as ``the recipient''), if--
       (1) the recipient agrees to use the vessel for the purposes 
     of a monument to the wartime accomplishments of the City of 
     Richmond;
       (2) the vessel is not used for commercial transportation 
     purposes;
       (3) the recipient agrees to make the vessel available to 
     the Government if the Secretary requires use of the vessel by 
     the Government for war or a national emergency;
       (4) the recipient agrees to hold the Government harmless 
     for any claims arising from exposure to hazardous materials, 
     including asbestos and PCB's, after conveyance of the vessel, 
     except for claims arising from use by the Government under 
     paragraph (3);
       (5) the recipient has available, for use to restore the 
     vessel, in the form of cash, liquid assets, or a written loan 
     commitment, financial resources of at least $100,000; and
       (6) the recipient agrees to any other conditions the 
     Secretary considers appropriate.
       (b) Delivery of Vessel.--If a conveyance is made under this 
     section, the Secretary shall deliver the vessel at the place 
     where the vessel is located on the date of enactment of this 
     Act, in its present condition, without cost to the 
     Government.
       (c) Other Unneeded Equipment.--The Secretary may convey to 
     the recipient any unneeded equipment from other vessels in 
     the National Defense Reserve Fleet for use to restore the S/S 
     RED OAK VICTORY to museum quality.
       (d) Retention of Vessel in NDRF.--The Secretary shall 
     retain in the National Defense Reserve Fleet the vessel 
     authorized to be conveyed under subsection (a), until the 
     earlier of--
       (1) 2 years after the date of the enactment of this Act; or
       (2) the date of conveyance of the vessel under subsection 
     (a).

     SEC. 1009. 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.

     SEC. 1010. 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 right, 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.

     SEC. 1011. AUTHORITY TO CONVEY WHITEFISH POINT LIGHT STATION 
                   LAND.

       (a) Authority To Convey.--
       (1) In general.--Except as otherwise provided in this 
     section, the Secretary of the Interior (in this section 
     referred to as the ``Secretary'') may convey, by an 
     appropriate means of conveyance, all right, title, and 
     interest of the United States in 1 of the 3 parcels 
     comprising the land on which the United States Coast Guard 
     Whitefish Point Light Station is situated (in this section 
     referred to as the ``Property''), to each of the Great Lakes 
     Shipwreck Historical Society, located in Sault Ste. Marie, 
     Michigan, the United States Fish and Wildlife Service, and 
     the Michigan Audubon Society (each of which is referred to in 
     this section as a ``recipient''), subject to all easements, 
     conditions, reservations, exceptions, and restrictions 
     contained in prior conveyances of record.
       (2) Limitation.--Notwithstanding paragraph (1), the 
     Secretary shall retain for the United States all right, 
     title, and interest in--
       (A) any historical artifact, including any lens or lantern, 
     and
       (B) the light, antennas, sound signal, towers, associated 
     lighthouse equipment, and any electronic navigation 
     equipment, which are active aids to navigation,

     which is located on the Property, or which relates to the 
     Property.
       (3) Identification of the property.--The Secretary may 
     identify, describe, and determine the parcels to be conveyed 
     pursuant to this section.
       (4) Rights of access.--If necessary to ensure access to a 
     public roadway for a parcel conveyed under this section, the 
     Secretary shall convey with the parcel an appropriate 
     appurtenant easement over another parcel conveyed under this 
     section.
       (5) Easement for public along shoreline.--In each 
     conveyance under this section of property located on the 
     shoreline of Lake Superior, the Secretary shall retain for 
     the public, for public walkway purposes, a right-of-way along 
     the shoreline that extends 30 feet inland from the mean high 
     water line.
       (b) Terms and Conditions.--
       (1) In general.--Any conveyance pursuant to subsection (a) 
     shall be made--
       (A) without payment of consideration; and
       (B) subject to such terms and conditions as the Secretary 
     considers appropriate.
       (2) Maintenance of navigation functions.--The Secretary 
     shall ensure that any conveyance pursuant to this section is 
     subject to such conditions as the Secretary considers to be 
     necessary to assure that--
       (A) the light, antennas, sound signal, towers, and 
     associated lighthouse equipment, and any electronic 
     navigation equipment, which are located on the Property and 
     which are active aids to navigation shall continue to be 
     operated and maintained by the United States for as long as 
     they are needed for this purpose;
       (B) the recipients may not interfere or allow interference 
     in any manner with such aids to navigation without express 
     written permission from the United States;
       (C) there is reserved to the United States the right to 
     relocate, replace, or add any aids to navigation, or make any 
     changes on any portion of the Property as may be necessary 
     for navigation purposes;
       (D) the United States shall have the right, at any time, to 
     enter the Property without notice for the purpose of 
     maintaining aids to navigation;
       (E) the United States shall have--
       (i) an easement of access to and across the Property for 
     the purpose of maintaining the aids to navigation and 
     associated equipment in use on the Property; and
       (ii) an easement for an arc of visibility; and
       (F) the United States shall not be responsible for the cost 
     and expense of maintenance, repair, and upkeep of the 
     Property.
       (3) Maintenance obligation.--The recipients shall not have 
     any obligation to maintain any active aid to navigation 
     equipment on any parcel conveyed pursuant to this section.
       (c) Property To Be Maintained in Accordance With Certain 
     Laws.--Each recipient shall maintain the parcel conveyed to 
     the recipient pursuant to subsection (a) in accordance with 
     the provisions of the National Historic Preservation Act (16 
     U.S.C. 470 et seq.), and other applicable laws.
       (d) Maintenance Standard.--Each recipient shall maintain 
     the parcel conveyed to the recipient pursuant to subsection 
     (a), at its own cost and expense, in a proper, substantial, 
     and workmanlike manner, including the easements of access, 
     the easement for an arc of visibility, the nuisance easement, 
     and the underground easement.
       (e) Shared Use and Occupancy Agreement.--The Secretary 
     shall require, as a condition of each conveyance of property 
     under this section, that all of the recipients have entered 
     into the same agreement governing the shared use and 
     occupancy of the existing Whitefish Point Light Station 
     facilities. The agreement shall be drafted by the recipients 
     and shall include--
       (1) terms governing building occupancy and access of 
     recipient staff and public visitors to public restrooms, the 
     auditorium, and the parking lot; and
       (2) terms requiring that each recipient shall be 
     responsible for paying a pro rata share of the costs of 
     operating and maintaining the existing Whitefish Point Light 
     Station facilities, that is based on the level of use and 
     occupancy of the facilities by the recipient.
       (f) Limitations on Development and Impairing Uses.--It 
     shall be a term of each conveyance under this section that--
       (1) no development of new facilities or expansion of 
     existing facilities or infrastructure on property conveyed 
     under this section may occur, except for purposes of 
     implementing the Whitefish Point Comprehensive Plan of 
     October 1992 or for a gift shop, unless--
       (A) each of the recipients consents to the development or 
     expansion in writing;
       (B) there has been a reasonable opportunity for public 
     comment on the development or expansion, and full 
     consideration has been given to such public comment as is 
     provided; and
       (C) the development or expansion is consistent with 
     preservation of the Property in its predominantly natural, 
     scenic, historic, and forested condition; and

[[Page H11502]]

       (2) any use of the Property or any structure located on the 
     property which may impair or interfere with the conservation 
     values of the Property is expressly prohibited.
       (g) Revisionary Interest.--
       (1) In general.--All right, title, and interests in and to 
     property and interests conveyed under this section shall 
     revert to the United States and thereafter be administered by 
     the Secretary of Interior acting through the Director of the 
     United States Fish and Wildlife Service, if--
       (A) in the case of such property and interests conveyed to 
     the Great Lakes Shipwreck Historical Society, the property or 
     interests cease to be used for the purpose of historical 
     interpretation;
       (B) in the case of such property and interests conveyed to 
     the Michigan Audubon Society, the property or interests cease 
     to be used for the purpose of environmental protection, 
     research, and interpretation; or
       (C) in the case any property and interests conveyed to a 
     recipient referred to in subparagraph (A) or (B)--
       (i) there is any violation of any term or condition of the 
     conveyance to that recipient; or
       (ii) the recipient has ceased to exist.
       (2) Authority to enforce reversionary interest.--The 
     Secretary of the Interior, acting through the Director of the 
     United States Fish and Wildlife Service, shall have the 
     authority--
       (A) to determine for the United States Government whether 
     any act or omission of a recipient results in a reversion of 
     property and interests under paragraph (1); and
       (B) to initiate a civil action to enforce that reversion, 
     after notifying the recipient of the intent of the Secretary 
     of the Interior to initiate that action.
       (3) Maintenance of navigation functions.--In the event of a 
     reversion of property under this subsection, the Secretary of 
     the Interior shall administer the property subject to any 
     conditions the Secretary of Transportation considers to be 
     necessary to maintain the navigation functions.

     SEC. 1012. CONVEYANCE OF PARRAMORE BEACH COAST GUARD STATION, 
                   VIRGINIA.

       (a) In General.--The Secretary of the department in which 
     the Coast Guard is operating shall convey to the Nature 
     Conservancy (a nonprofit corporation established under the 
     laws of the District of Columbia and holder of ownership 
     interest in Parramore Island, Virginia), by not later than 30 
     days after the date of the enactment of this Act and without 
     consideration, all right, title, and interest of the United 
     States in and to all real property comprising the Parramore 
     Beach Coast Guard Station, located on Parramore's Island near 
     the town of Wachapreague in Accomack County, Virginia.
       (b) Completion of Environmental Reviews, Assessments, and 
     Cleanup.--
       (1) Authority to convey before completion.--Notwithstanding 
     any other provision of law that would require completion of 
     an environmental review, assessment, or cleanup with respect 
     to the Parramore Beach Coast Guard Station before the 
     conveyance under subsection (a), the Secretary may make that 
     conveyance before the completion of that review, assessment, 
     or cleanup, as applicable.
       (2) Time for completion.--Any environmental review, 
     assessment, or cleanup with respect to the Parramore Beach 
     Coast Guard Station shall be completed by as soon as 
     practicable after the date of the enactment of this Act.

     SEC. 1013. CONVEYANCE OF JEREMIAH O'BRIEN.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary of Transportation (in this section 
     referred to as the ``Secretary'') may convey, subject to the 
     conditions set forth in subsection (b), the right, title, and 
     interest of the United States Government in the vessel 
     JEREMIAH O'BRIEN (United States official number 243622; in 
     this section referred to as the ``Vessel''), to a nonprofit 
     corporation (in this section referred to as the 
     ``Recipient'') for use as a merchant marine memorial museum, 
     if on the date of enactment of this Act the Recipient has at 
     least 10 consecutive years experience in restoring and 
     operating a Liberty Ship as a merchant marine memorial 
     museum.
       (b) Conditions.--The conveyance of the Vessel under 
     subsection (a) shall be subject to the following conditions:
       (1) The Recipient agrees--
       (A) to use the Vessel as a nonprofit merchant marine 
     memorial museum;
       (B) not to use the Vessel for commercial transportation 
     purposes;
       (C) to make the Vessel available to the Government without 
     cost if and when the Secretary requires use of the Vessel by 
     the Government;
       (D) in the event the Recipient no longer requires the 
     Vessel for use as a merchant marine memorial museum, to--
       (i) reconvey, at the discretion of the Secretary, the 
     Vessel to the Government in as good condition as when it was 
     received from the Government, except for ordinary wear and 
     tear; and
       (ii) deliver the Vessel to the Government at the place 
     where the Vessel was delivered to the Recipient;
       (E) to hold the Government harmless for any claims founded 
     on occurrences after conveyance of the Vessel, except for 
     claims against the Government arising from use by the 
     Government under subparagraphs (C) and (D) of this paragraph, 
     which claims shall include any claims resulting from exposure 
     to asbestos and other substances; and
       (F) to any other conditions the Secretary considers 
     appropriate.
       (2) If a conveyance is made under this section, the 
     Secretary shall deliver the Vessel to the Recipient at the 
     place where the Vessel is located on the date of enactment of 
     this Act, in its present condition, without cost to the 
     Government.
       (c) Conveyance of Equipment and Material.--The Secretary 
     may convey to the Recipient any unneeded equipment and 
     material from other vessels at any time in the National 
     Defense Reserve Fleet in order to assist in placing and 
     maintaining the Vessel in operating condition.
       (d) Expiration of Authority.--The authority of the 
     Secretary to convey the Vessel under this section shall 
     expire 2 years after the date of enactment of this Act.
                        TITLE XI--MISCELLANEOUS

     SEC. 1101. FLORIDA AVENUE BRIDGE.

       For purposes of the alteration of the Florida Avenue Bridge 
     (located approximately 1.63 miles east of the Mississippi 
     River on the Gulf Intracoastal Waterway in Orleans Parish, 
     Louisiana) ordered by the Secretary of Transportation under 
     the Act of June 21, 1940 (33 U.S.C. 511 et seq.), the 
     Secretary shall treat the drainage siphon that is adjacent to 
     the bridge as an appurtenance of the bridge, including with 
     respect to apportionment and payment of costs for the removal 
     of the drainage siphon in accordance with that Act.

     SEC. 1102. OIL SPILL RECOVERY INSTITUTE.

       (a) Advisory Board and Executive Committee.--Section 5001 
     of the Oil Pollution Act of 1990 (33 U.S.C. 2731) is 
     amended--
       (1) by striking ``to be administered by the Secretary of 
     Commerce'' in subsection (a);
       (2) by striking ``and located'' in subsection (a) and 
     inserting ``located'';
       (3) by striking ``the EXXON VALDEZ oil spill'' each place 
     it appears in subsection (b)(2) and inserting ``Arctic or 
     Subarctic oil spills'';
       (4) by striking ``18'' in subsection (c)(1) and inserting 
     ``16'';
       (5) by striking ``, Natural Resources, and Commerce and 
     Economic Development'' in subsection (c)(1)(A) and inserting 
     a comma and ``and Natural Resources'';
       (6) by striking subsection (c)(1)(B), (C), and (D);
       (7) by redesignating subparagraphs (E) and (F) of 
     subsection (c)(1) as subparagraphs (G) and (H), respectively;
       (8) by inserting after subparagraph (A) of subsection 
     (c)(1) the following:
       ``(B) One representative appointed by each of the 
     Secretaries of Commerce, the Interior, and Transportation, 
     who shall be Federal employees.
       ``(C) Two representatives from the fishing industry 
     appointed by the Governor of the State of Alaska from among 
     residents of communities in Alaska that were affected by the 
     EXXON VALDEZ oil spill, who shall serve terms of 2 years 
     each. Interested organizations from within the fishing 
     industry may submit the names of qualified individuals for 
     consideration by the Governor.
       ``(D) Two Alaska Natives who represent Native entities 
     affected by the EXXON VALDEZ oil spill, at least one of whom 
     represents an entity located in Prince William Sound, 
     appointed by the Governor of Alaska from a list of 4 
     qualified individuals submitted by the Alaska Federation of 
     Natives, who shall serve terms of 2 years each.
       ``(E) Two representatives from the oil and gas industry to 
     be appointed by the Governor of the State of Alaska who shall 
     serve terms of 2 years each. Interested organizations from 
     within the oil and gas industry may submit the names of 
     qualified individuals for consideration by the Governor.
       ``(F) Two at-large representatives from among residents of 
     communities in Alaska that were affected by the EXXON VALDEZ 
     oil spill who are knowledgeable about the marine environment 
     and wildlife within Prince William Sound, and who shall serve 
     terms of 2 years each, appointed by the remaining members of 
     the Advisory Board. Interested parties may submit the names 
     of qualified individuals for consideration by the Advisory 
     Board.'';
       (9) adding at the end of subsection (c) the following:
       ``(4) Scientific review.--The Advisory Board may request a 
     scientific review of the research program every five years by 
     the National Academy of Sciences which shall perform the 
     review, if requested, as part of its responsibilities under 
     section 7001(b)(2).'';
       (10) by striking ``the EXXON VALDEZ oil spill'' in 
     subsection (d)(2) and inserting ``Arctic or Subarctic oil 
     spills'';
       (11) by striking ``Secretary of Commerce'' in subsection 
     (e) and inserting ``Advisory Board'';
       (12) by striking ``, the Advisory Board,'' in the second 
     sentence of subsection (e);
       (13) by striking ``Secretary's'' in subsection (e) and 
     inserting ``Advisory Board's'';
       (14) by inserting ``authorization in section 5006(b) 
     providing funding for the'' in subsection (i) after ``The'';
       (15) by striking ``this Act'' in subsection (i) and 
     inserting ``the Coast Guard Authorization Act of 1996'';
       (16) by striking the first sentence of subsection (j); and
       (17) by inserting ``The Advisory Board may compensate its 
     Federal representatives for their reasonable travel costs.'' 
     in subsection (j) after ``Institute.''.
       (b) Funding.--Section 5006 of the Oil Pollution Act of 1990 
     (33 U.S.C. 2736) is amended by--
       (1) striking subsection (a) and redesignating subsection 
     (b) as subsection (a);
       (2) striking ``5003'' in the caption of subsection (a), as 
     redesignated, and inserting ``5001, 5003,'';
       (3) inserting ``to carry out section 5001 in the amount as 
     determined in section 5006(b), and'' after ``limitation,'' in 
     the text of subsection (a), as redesignated; and
       (4) adding at the end thereof the following:
       ``(b) Use of Interest Only.--The amount of funding to be 
     made available annually to carry out section 5001 shall be 
     the interest produced by the Fund's investment of the 
     $22,500,000 remaining funding authorized for the Prince 
     William Sound Oil Spill Recovery Institute and currently 
     deposited in the Fund and invested by the Secretary of the 
     Treasury in income producing securities along with other 
     funds comprising

[[Page H11503]]

     the Fund. The National Pollution Funds Center shall transfer 
     all such accrued interest, including the interest earned from 
     the date funds in the Trans-Alaska Liability Pipeline Fund 
     were transferred into the Oil Spill Liability Trust Fund 
     pursuant to section 8102(a)(2)(B)(ii), to the Prince William 
     Sound Oil Spill Recovery Institute annually, beginning 60 
     days after the date of enactment of the Coast Guard 
     Authorization Act of 1996.
       ``(c) Use for Section 1012.--Beginning with the eleventh 
     year following the date of enactment of the Coast Guard 
     Authorization Act of 1996, the funding authorized for the 
     Prince William Sound Oil Spill Recovery Institute and 
     deposited in the Fund shall thereafter be made available for 
     purposes of section 1012 in Alaska.''.
       (c) Conforming Amendments.--
       (1) Section 6002(b) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2752(b)) is amended by striking ``5006(b)'' and 
     inserting ``5006''.
       (2) Section 7001(c)(9) the Oil Pollution Act of 1990 (33 
     U.S.C. 2761(c)(9)) is amended by striking the period at the 
     end thereof and inserting ``until the authorization for 
     funding under section 5006(b) expires.''.

     SEC. 1103. LIMITED DOUBLE HULL EXEMPTIONS.

       Section 3703a of title 46, United States Code, is amended--
       (1) in subsection (b), by--
       (A) striking ``or'' at the end of paragraph (2);
       (B) striking the period at the end of paragraph (3) and 
     inserting a semicolon; and
       (C) adding at the end the following new paragraphs:
       ``(4) a vessel documented under chapter 121 of this title 
     that was equipped with a double hull before August 12, 1992;
       ``(5) a barge of less than 1,500 gross tons (as measured 
     under chapter 145 of this title) carrying refined petroleum 
     product in bulk as cargo in or adjacent to waters of the 
     Bering Sea, Chukchi Sea, and Arctic Ocean and waters 
     tributary thereto and in the waters of the Aleutian Islands 
     and the Alaskan Peninsula west of 155 degrees west longitude; 
     or
       ``(6) a vessel in the National Defense Reserve Fleet 
     pursuant to section 11 of the Merchant Ship Sales Act of 1946 
     (50 App. U.S.C. 1744).''; and
       (2) by adding at the end the following new subsection:
       ``(d) The operation of barges described in subsection 
     (b)(5) outside waters described in that subsection shall be 
     on any conditions as the Secretary may require.''.

     SEC. 1104. OIL SPILL RESPONSE VESSELS.

       (a) Description.--Section 2101 of title 46, United States 
     Code, is amended--
       (1) by redesignating paragraph (20a) as paragraph (20b); 
     and
       (2) by inserting after paragraph (20) the following new 
     paragraph:
       ``(20a) `oil spill response vessel' means a vessel that is 
     designated in its certificate of inspection as such a vessel, 
     or that is adapted to respond to a discharge of oil or a 
     hazardous material.''.
       (b) Exemption From Liquid Bulk Carriage Requirements.--
     Section 3702 of title 46, United States Code, is amended by 
     adding at the end thereof the following:
       ``(f) This chapter does not apply to an oil spill response 
     vessel if--
       ``(1) the vessel is used only in response-related 
     activities; or
       ``(2) the vessel is--
       ``(A) not more than 500 gross tons 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;
       ``(B) designated in its certificate of inspection as an oil 
     spill response vessel; and
       ``(C) engaged in response-related activities.''.
       (c) Manning.--Section 8104(p) of title 46, United States 
     Code, is amended to read as follows:
       ``(p) The Secretary may prescribe the watchstanding and 
     work hours requirements for an oil spill response vessel.''.
       (d) Minimum Number of Licensed Individuals.--Section 
     8301(e) of title 46, United States Code, is amended to read 
     as follows:
       ``(e) The Secretary may prescribe the minimum number of 
     licensed individuals for an oil spill response vessel.''.
       (e) Merchant Mariner Document Requirements.--Section 
     8701(a) of title 46, United States Code, is amended--
       (1) by striking ``and'' after the semicolon at the end of 
     paragraph (7),
       (2) by striking the period at the end of paragraph (8) and 
     inserting a semicolon and ``and''; and
       (3) by adding at the end thereof the following new 
     paragraph:
       ``(9) the Secretary may prescribe the individuals required 
     to hold a merchant mariner's document serving onboard an oil 
     spill response vessel.''.
       (f) Exemption From Towing Vessel Requirement.--Section 8905 
     of title 46, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(c) Section 8904 of this title does not apply to an oil 
     spill response vessel while engaged in oil spill response or 
     training activities.''.
       (g) Inspection Requirement.--Section 3301 of title 46, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(14) oil spill response vessels.''.

     SEC. 1105. SERVICE IN CERTAIN SUITS IN ADMIRALTY.

       Section 2 of the Act of March 9, 1920 (popularly known as 
     the Suits in Admiralty Act; 46 App. U.S.C. 742), is amended 
     by striking ``The libelant'' and all that follows through 
     ``and such corporation.''.

     SEC. 1106. AMENDMENTS TO THE JOHNSON ACT.

       (a) California Cruise Industry Revitalization.--Section 
     5(b)(2) of the Act of January 2, 1951 (15 U.S.C. 1175(b)(2)), 
     commonly referred to as the ``Johnson Act'', is amended by 
     adding at the end thereof the following:
       ``(C) Exclusion of certain voyages and segments.--Except 
     for a voyage or segment of a voyage that occurs within the 
     boundaries of the State of Hawaii, a voyage or segment of a 
     voyage is not described in subparagraph (B) if it includes or 
     consists of a segment--
       ``(i) that begins and ends in the same State;
       ``(ii) that is part of a voyage to another State or to a 
     foreign country; and
       ``(iii) in which the vessel reaches the other State or 
     foreign country within 3 days after leaving the State in 
     which it begins.''.
       (b) Authority of the State of Indiana Over Vessels on 
     Voyages in the Territorial Jurisdiction of the State of 
     Indiana.--Section 5(b)(1) of the Act of January 2, 1951 (15 
     U.S.C. 1175(b)(1)), commonly known as the ``Johnson Act'', is 
     amended--
       (1) in subparagraph (A) by striking ``or'' after the 
     semicolon at the end;
       (2) in subparagraph (B) by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(C) the repair, transport, possession, or use of a 
     gambling device on a vessel on a voyage that begins in the 
     State of Indiana and that does not leave the territorial 
     jurisdiction of that State, including such a voyage on Lake 
     Michigan.''.
       (c) Applicability to Certain Voyages in Alaska.--Section 5 
     of the Act of January 2, 1951 (15 U.S.C. 1175), commonly 
     referred to as the ``Johnson Act'', is amended by adding at 
     the end the following new subsection:
       ``(c) Exception.--(1) This section does not prohibit, nor 
     may any State make it a violation of law for there to occur, 
     the repair, transport, possession, or use of any gambling 
     device on board a vessel which provides sleeping 
     accommodations for all of its passengers and that is on a 
     voyage or segment of a voyage described in paragraph (2), 
     except that a State may, within its boundaries--
       ``(A) prohibit the use of a gambling device on a vessel 
     while it is docked or anchored or while it is operating 
     within 3 nautical miles of a port at which it is scheduled to 
     call; and
       ``(B) require the gambling devices to remain on board the 
     vessel.
       ``(2) A voyage referred to in paragraph (1) is a voyage 
     that--
       ``(A) begins, ends, or otherwise includes a stop in Canada;
       ``(B) includes stops in at least 2 different ports situated 
     in the State of Alaska;
       ``(C) does not begin, end, or otherwise include a stop in 
     any other State; and
       ``(D) is of at least 60 hours duration.''.

     SEC. 1107. LOWER COLUMBIA RIVER MARITIME FIRE AND SAFETY 
                   ACTIVITIES.

       The Secretary of Transportation is authorized to expend out 
     of the amounts appropriated for the Coast Guard not more than 
     $940,000 for lower Columbia River marine, fire, oil, and 
     toxic spill response communications, training, equipment, and 
     program administration activities conducted by the Maritime 
     Fire and Safety Association.

     SEC. 1108. OIL POLLUTION RESEARCH TRAINING.

       Section 7001(c)(2)(D) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2761(c)(2)(D)) is amended by striking ``Texas;'' and 
     inserting ``Texas, and the Center for Marine Training and 
     Safety in Galveston, Texas;''.

     SEC. 1109. LIMITATION ON RELOCATION OF HOUSTON AND GALVESTON 
                   MARINE SAFETY OFFICES.

       The Secretary of Transportation may not relocate the Coast 
     Guard Marine Safety Offices in Galveston, Texas, and Houston, 
     Texas. Nothing in this section prevents the consolidation of 
     management functions of these Coast Guard authorities.

     SEC. 1110. UNINSPECTED FISH TENDER VESSELS.

       Section 3302 of title 46, United States Code, as amended by 
     this Act, is further amended as follows:
       (1) Subsection (b) is amended by striking ``A fishing 
     vessel,'' and inserting ``Except as provided in subsection 
     (c)(3) of this section, a fishing vessel''.
       (2) Subsection (c)(1) is amended by striking ``A fish 
     processing vessel'' and inserting ``Except as provided in 
     paragraph (3) of this subsection, a fish processing vessel''.
       (3) Subsection (c)(2) is amended by striking ``A fish 
     tender vessel'' and inserting ``Except as provided in 
     paragraphs (3) and (4) of this subsection, a fish tender 
     vessel''.
       (4) Subsection (c)(3) is amended to read as follows:
       ``(3)(A) A fishing vessel or fish processing vessel is 
     exempt from section 3301(1), (6), and (7) of this title when 
     transporting cargo (including fisheries-related cargo) to or 
     from a place in Alaska if--
       ``(i) that place does not receive weekly common carrier 
     service by water from a place in the United States;
       ``(ii) that place receives such common carrier service and 
     the cargo is of a type not accepted by that common carrier 
     service; or
       ``(iii) the cargo is proprietary cargo owned by the owner 
     of the vessel or any affiliated entity or subsidiary.
       ``(B) A fish tender vessel of not more than 500 gross tons 
     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, which is qualified to engage in the Aleutian trade is 
     exempt from section 3301(1), (6), and (7) of this title when 
     transporting cargo (including fisheries-related cargo) to or 
     from a place in Alaska outside the Aleutian trade geographic 
     area if--

[[Page H11504]]

       ``(i) that place does not receive weekly common carrier 
     service by water from a place in the United States;
       ``(ii) that place receives such common carrier service and 
     the cargo is of a type not accepted by that common carrier 
     service; or
       ``(iii) the cargo is proprietary cargo owned by the owner 
     of the vessel or any affiliated entity or subsidiary.
       ``(C) In this paragraph, the term `proprietary cargo' means 
     cargo that--
       ``(i) is used by the owner of the vessel or any affiliated 
     entity or subsidiary in activities directly related to 
     fishing or the processing of fish;
       ``(ii) is consumed by employees of the owner of the vessel 
     or any affiliated entity or subsidiary who are engaged in 
     fishing or in the processing of fish; or
       ``(iii) consists of fish or fish products harvested or 
     processed by the owner of the vessel or any affiliated entity 
     or subsidiary.
       ``(D) Notwithstanding the restrictions in subparagraph (B) 
     of this paragraph, vessels qualifying under subparagraph (B) 
     may transport cargo (including fishery-related products) from 
     a place in Alaska receiving weekly common carrier service by 
     water to a final destination in Alaska not receiving weekly 
     service by water from common carriers.''.

     SEC. 1111. FOREIGN PASSENGER VESSEL USER FEES.

       Section 3303 of title 46, United States Code, is amended--
       (1) by striking ``(a)'' in subsection (a); and
       (2) by striking subsection (b).

     SEC. 1112. COAST GUARD USER FEES.

       (a) Limits on User Fees.--Section 10401(g) of the Omnibus 
     Budget Reconciliation Act of 1990 (46 U.S.C. 2110(a)(2)) is 
     amended by adding after ``annually.'' the following: ``The 
     Secretary may not establish a fee or charge under paragraph 
     (1) for inspection or examination of a small passenger vessel 
     under this title that is more than $300 annually for such 
     vessels under 65 feet in length, or more than $600 annually 
     for such vessels 65 feet in length and greater.''.
       (b) Ferry Exemption.--Such section is further amended by 
     adding at the end the following: ``The Secretary may not 
     establish a fee or charge under paragraph (1) for inspection 
     or examination under this title for any publicly-owned 
     ferry.''.

     SEC. 1113. VESSEL FINANCING.

       (a) Elimination of Mortgagee Restrictions.--Section 
     31322(a) of title 46, United States Code, is amended to read 
     as follows:
       ``(a) A preferred mortgage is a mortgage, whenever made, 
     that--
       ``(1) includes the whole of the vessel;
       ``(2) is filed in substantial compliance with section 31321 
     of this title; and
       ``(3)(A) covers a documented vessel; or
       ``(B) covers a vessel for which an application for 
     documentation is filed that is in substantial compliance with 
     the requirements of chapter 121 of this title and the 
     regulations prescribed under that chapter.''.
       (b) Elimination of Trustee Restrictions.--
       (1) Repeal.--Section 31328 of title 46, United States Code, 
     is repealed.
       (2) Conforming amendments.--Section 31330(b) of title 46, 
     United States Code, is amended in paragraphs (1), (2), and 
     (3) by striking ``31328 or'' each place it appears.
       (3) Clerical amendment.--The table of sections at the 
     beginning of chapter 313 of title 46, United States Code, is 
     amended by striking the item relating to section 31328.
       (c) Removal of Mortgage Restrictions.--Section 9 of the 
     Shipping Act, 1916 (46 App. U.S.C. 808), is amended--
       (1) in subsection (c)--
       (A) by striking ``31328'' and inserting ``12106(e)''; and
       (B) in paragraph (1) by striking ``mortgage,'' each place 
     it appears; and
       (2) in subsection (d)--
       (A) in paragraph (1) by striking ``transfer, or mortgage'' 
     and inserting ``or transfer'';
       (B) in paragraph (2) by striking ``transfers, or 
     mortgages'' and inserting ``or transfers'';
       (C) in paragraph (3)(B) by striking ``transfers, or 
     mortgages'' and inserting ``or transfers''; and
       (D) in paragraph (4) by striking ``transfers, or 
     mortgages'' and inserting ``or transfers''.
       (d) Leasing.--Section 12106 of title 46, United States 
     Code, is amended by adding at the end the following:
       ``(e)(1) A certificate of documentation for a vessel may be 
     endorsed with a coastwise endorsement if--
       ``(A) the vessel is eligible for documentation;
       ``(B) 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;
       ``(C) the vessel is under a demise charter to a person that 
     certifies to the Secretary that the person is a citizen of 
     the United States for engaging in the coastwise trade under 
     section 2 of the Shipping Act, 1916;
       ``(D) the demise charter is for a period of at least 3 
     years or a shorter period as may be prescribed by the 
     Secretary; and
       ``(E) the vessel is otherwise eligible for documentation 
     under section 12102.
       ``(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 termination 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.''.
       (e) Conforming Amendment.--Section 9(c) of the Shipping 
     Act, 1916, as amended (46 App. U.S.C. 808(c)) is amended by 
     striking ``sections 31322(a)(1)(D)'' and inserting ``sections 
     12106(e), 31322(a)(1)(D),''.
       (f) Study and Report.--
       (1) Study.--The Secretary of Transportation shall conduct a 
     study of the methods for leasing, demise chartering, and 
     financing of vessels operating in the coastal trades of other 
     countries and whether the laws of other countries provide 
     reciprocity for United States banks, leasing companies, or 
     other financial institutions with respect to the rights 
     granted under the amendment made by subsection (d). The study 
     shall develop recommendations whether additional laws 
     requiring reciprocity should be considered for non-United 
     States banks, leasing companies, or other financial 
     institutions.
       (2) Report.--The Secretary shall submit to the Congress a 
     report 1 year after the date of enactment of this Act of the 
     results of the study required under paragraph (1), including 
     recommendations developed in the study.

     SEC. 1114. MANNING AND WATCH REQUIREMENTS ON TOWING VESSELS 
                   ON THE GREAT LAKES.

       (a) Section 8104(c) of title 46, United States Code, is 
     amended--
       (1) by striking ``or permitted''; and
       (2) by inserting after ``day'' the following: ``or 
     permitted to work more than 15 hours in any 24-hour period, 
     or more than 36 hours in any 72-hour period''.
       (b) Section 8104(e) of title 46, United States Code, is 
     amended by striking ``subsections (c) and (d)'' and inserting 
     ``subsection (d)''.
       (c) Section 8104(g) of title 46, United States Code, is 
     amended by striking ``(except a vessel to which subsection 
     (c) of this section applies)''.

     SEC. 1115. REPEAL OF GREAT LAKES ENDORSEMENTS.

       (a) Repeal.--Section 12107 of title 46, United States Code, 
     is repealed.
       (b) Conforming Amendments.--
       (1) The analysis at the beginning of chapter 121 of title 
     46, United States Code, is amended by striking the item 
     relating to section 12107.
       (2) Section 12101(b)(3) of title 46, United States Code, is 
     repealed.
       (3) Section 4370(a) of the Revised Statutes of the United 
     States (46 App. U.S.C. 316(a)) is amended by striking ``or 
     12107''.
       (4) Section 2793 of the Revised Statutes of the United 
     States (46 App. U.S.C. 111, 123) is amended--
       (A) by striking ``coastwise, Great Lakes endorsement'' and 
     all that follows through ``foreign ports,'' and inserting 
     ``registry endorsement, engaged in foreign trade on the Great 
     Lakes or their tributary or connecting waters in trade with 
     Canada,''; and
       (B) by striking ``, as if from or to foreign ports''.
       (5) Section 9302(a)(1) of title 46, United States Code, is 
     amended by striking ``subsections (d) and (e)'' and inserting 
     ``subsections (d), (e) and (f)''.
       (6) Section 9302(e) of title 46, United States Code, is 
     amended by striking ``subsections (a) and (b)'' and inserting 
     ``subsection (a)''.
       (7) Section 9302 of title 46, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(f) A documented vessel regularly operating on the Great 
     Lakes or between ports on the Great Lakes and the St. 
     Lawrence River is exempt from the requirements of subsection 
     (a) of this section.''.

     SEC. 1116. RELIEF FROM UNITED STATES DOCUMENTATION 
                   REQUIREMENTS.

       (a) In General.--Notwithstanding any other law or any 
     agreement with the United States Government, a vessel 
     described in subsection (b) may be transferred to or placed 
     under a foreign registry or sold to a person that is not a 
     citizen of the United States and transferred to or placed 
     under a foreign registry.
       (b) Vessels Described.--The vessels referred to in 
     subsection (a) are the following:
       (1) MV PLATTE (United States official number number 
     653210).
       (2) SOUTHERN (United States official number 591902).
       (3) ARZEW (United States official number 598727).
       (4) LAKE CHARLES (United States official number 619531).
       (5) LOUISIANA (United States official number 619532).
       (6) GAMMA (United States official number 598730).
       (7) BAY RIDGE (United States official number 600128).
       (8) COASTAL GOLDEN (United States official number 598731).

     SEC. 1117. USE OF FOREIGN REGISTRY OIL SPILL RESPONSE 
                   VESSELS.

       Notwithstanding any other provision of law, an oil spill 
     response vessel documented under the laws of a foreign 
     country may operate in waters of the United States 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 those 
     waters, if--
       (1) an adequate number and type of oil spill response 
     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; and
       (2) that foreign country has by its laws accorded to 
     vessels of the United States the same privileges accorded to 
     vessels of that foreign country under this section.

[[Page H11505]]

     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, section 8 
     of the Act of June 19, 1886 (24 Stat. 81; chapter 421; 46 
     App. U.S.C. 289), and section 27 of the Merchant Marine Act, 
     1920 (46 App. U.S.C. 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) ABORIGINAL (United States official number 942118).
       (2) ALPHA TANGO (United States official number 945782).
       (3) ANNAPOLIS (United States official number 999008).
       (4) ARK (United States official number 912726).
       (5) AURA (United States official number 1027807).
       (6) BABS (United States official number 1030028).
       (7) BAGGER (State of Hawaii registration number HA1809E).
       (8) BAREFOOT'N (United States official number 619766).
       (9) BARGE 76 (United States official number 1030612).
       (10) BARGE 77 (United States official number 1030613).
       (11) BARGE 78 (United States official number 1030614).
       (12) BARGE 100 (United States official number 1030615).
       (13) BEACON (United States official number 501539).
       (14) BEAR (United States official number 695002).
       (15) BEULA LEE (United States official number 928211).
       (16) BEWILDERED (United States official number 902354).
       (17) BIG DAD (United States official number 565022).
       (18) BILLY BUCK (United States official number 939064).
       (19) BROKEN PROMISE (United States official number 904435).
       (20) CAPTAIN DARYL (United States official number 580125).
       (21) CAROLYN (State of Tennessee registration number 
     TN1765C).
       (22) CHARLOTTE (State of Maryland certification number 
     MN1397AM).
       (23) CHESAPEAKE (United States official number 999010).
       (24) CHRISSY (State of Marine registration certification 
     number ME4778B).
       (25) COLT INTERNATIONAL (United States official number 
     913637).
       (26) CONSORT (United States official number 999005).
       (27) CONSORTIUM (British registration number 303328).
       (28) COURIER SERVICE (Vanuatu registration number 688).
       (29) CURTIS BAY (United States official number 999007).
       (30) DAMN YANKEE (United States official number 263611).
       (31) DANTE (United States official number 556188).
       (32) DELTA KING (United States official number 225874).
       (33) DORDY III (United States official number 286553).
       (34) DRAGONESSA (United States official number 646512).
       (35) EAGLE MAR (United States official number 575349).
       (36) EMERALD AYES (United States official number 986099)
       (37) EMMA (United States official number 946449).
       (38) EMPRESS (United States official number 975018).
       (39) ENDEAVOUR (United States official number 947869).
       (40) EVENING STAR (State of Hawaii registration number 
     HA8337D).
       (41) EXPLORER (United States official number 918080).
       (42) EXTREME (United States official number 1022278).
       (43) EXUBERANCE (United States official number 698516).
       (44) FIFTY ONE (United States official number 1020419).
       (45) FINESSE (State of Florida registration number 7148).
       (46) FOCUS (United States official number 909293).
       (47) FREJA VIKING (Danish registration number A395).
       (48) 3 barges owned by the Harbor Maine Corporation (a 
     corporation organized under the laws of the State of Rhode 
     Island) and referred to by that company as Harbor 221, Harbor 
     223, and Gene Elizabeth
       (49) GIBRALTAR (United States official number 668634).
       (50) GLEAM (United States official number 921594).
       (51) GOD'S GRACE II (State of Alaska registration number 
     AK5916B).
       (52) HALCYON (United States official number 690219).
       (53) HAMPTON ROADS (United States official number 999009).
       (54) HERCO TYME (United States official number 911599).
       (55) HER WEIGH (United States official number 919074).
       (56) HIGH HOPES (United States official number 935174).
       (57) HIGH HOPES II (United States official number 959439).
       (58) HOPTOAD (Hull Identification number 528162 NET 12).
       (59) HOT WATER (United States official number 965985).
       (60) IDUN VIKING (Danish registation number A433).
       (61) INTREPID (United States official number 508185).
       (62) ISABELLE (United States official number 600655).
       (63) ISLAND STAR (United States official number 673537).
       (64) JAJO (Hull ID number R1Z200207H280).
       (65) JAMESTOWN (United States official number 999006).
       (66) JIVE DEVIL (United States official number 685348).
       (67) JOAN MARIE (State of North Carolina registration 
     number NC2319AV).
       (68) KALYPSO (United States official number 566349).
       (69) KARMA (United States official number 661709).
       (70) LADY HAWK (United States official number 961095).
       (71) LIBERTY (United States official number 375248).
       (72) LIV VIKING (Danish registration number A394).
       (73) M/V MARION C II (United States official number 
     570892).
       (74) MAGIC CARPET (United States official number 278971).
       (75) MAGIC MOMENTS (United States official number 653689).
       (76) MADRINE (United States official number 663842).
       (77) MARALINDA (State of Florida registration number 
     C023203-97).
       (78) MARANTHA (United States official number 638787).
       (79) MARSH GRASS II (Hull ID number AUKEV51139K690).
       (80) MEMORY MAKER (Hull No 3151059, State of Maryland 
     registration number MD8867AW).
       (81) MOONRAKER (United States official number 645981).
       (82) MORGAN (State of Ohio registration number OH-0358-EA).
       (83) MOVIN ON (United States official number 585100).
       (84) MY LITTLE SHIP (State of Washington registration 
     number WN9979MF5).
       (85) NAMASTE (United States official number 594472).
       (86) OLD HAT (United States official number 508299).
       (87) ONRUST (United States official number 515058).
       (88) PAUL JOHANSEN (United States official number 1033607).
       (89) PHOENIX (United States official number 940997).
       (90) PLAY HARD (State of North Carolina registration number 
     NC1083CE).
       (91) POLICY MAKER III (United States official number 
     569223).
       (92) PRIME TIME (United States official number 660944).
       (93) QUIET SQUAW (United States official number 998717).
       (94) QUIETLY (United States official number 658315).
       (95) QUINTESSENCE (United States official number 934393).
       (96) RAFFLES LIGHT (United States official number 501584).
       (97) RAINBOW'S END (United States official number 1026899; 
     Hull ID number MY13708C787).
       (98) RATTLESNAKE (Canadian registration number 802702).
       (99) REEL TOY (United States official number 698383).
       (100) RELENTLESS (United States official number 287008).
       (101) 2 barges owned by Roen Salvage (a corporation 
     organized under the laws of the State of Wisconsin) and 
     numbered by that company as barge 103 and barge 203.
       (102) ROYAL AFFAIRE (United States official number 649292).
       (103) SALLIE D (State of Maryland registration number 
     MD2655A).
       (104) SARAH-CHRISTEN (United States official number 
     342195).
       (105) SEA MISTRESS (United States official number 696806).
       (106) SEA SISTER (United States official number 951817).
       (107) SERENITY (United States official number 1021393).
       (108) SHAKA MARU (United States official number 983176).
       (109) SHAMROCK V (United States official number 900936).
       (110) SHOGUN (United States official number 577839).
       (111) SISU (United States official number 293648).
       (112) SMALLEY (6808 Amphibious Dredge: State of Florida 
     registration number FL1855FF).
       (113) SNOW HAWK (United States official number 955-637).
       (114) SOUTHERN CRUZ (United States official number 556797).
       (115) SUNDOWN (United States official number 293434).
       (116) SUNRISE (United States official number 950381).

[[Page H11506]]

       (117) TECUMSEH (United States official number 668633).
       (118) THE SUMMER WIND (United States official number 
     905819).
       (119) TIVOLI (United States official number 582516).
       (120) TOO MUCH FUN (United States official number 936565).
       (121) TOP GUN (United States official number 623642).
       (122) TRIAD (United States official number 988602).
       (123) TWO CAN (United States official number 932361).
       (124) VICTORIA CLIPPER II (United States official number 
     725338).
       (125) WATERFRONT PROPERTY (United States official number 
     987686).
       (126) WESTFJORD (Hull ID number X-53-109).
       (127) WESTERN ATLANTIC (Panamanian registration number 
     10484-80-CEO).
       (128) WHITE WING (United States official number 283818).
       (129) WHY KNOT (United States official number 688570).
       (130) WOLF GANG II (United States official number 984934).
       (131) YES DEAR (United States official number 578550).
       (132) Former United States military vessels, as follows:
       (A) LACV-30 hovercraft hulls numbered 1 through 26.
       (B) AP-188 hovercraft hulls numbered 8701 and 8901.

     For the purposes of chapter 121 of title 46, United States 
     Code, and section 27 of the Merchant Marine Act, 1920 (46 
     App. U.S.C. 883), the engine twin paks, the thrust and lift 
     engines, and all spare parts, appurtenances, and accessories 
     transferred by the United States with the vessels referred to 
     in this paragraph are deemed to have been built in the United 
     States.
       (b) M/V Twin Drill.--Section 601(d) of the Coast Guard 
     Authorization Act of 1993 (Public Law 103-206) is amended--
       (1) in paragraph (3) by striking ``June 30, 1995'' and 
     inserting ``June 30, 1998''; and
       (2) in paragraph (4)--
       (A) by striking ``12 months'' and inserting ``36 months''; 
     and
       (B) by inserting ``or convert under the same terms and 
     conditions as provided in paragraphs (1) and (2)'' after 
     ``construct''; and
       (3) in paragraph (5) by striking ``constructed'' and 
     inserting ``delivered''.
       (c) Certificates of Documentation for Gallant Lady.--
       (1) In general.--Notwithstanding section 27 of the Merchant 
     Marine Act, 1920 (46 App. U.S.C. 883), section 8 of the Act 
     of June 19, 1886 (24 Stat. 81, chapter 421; 46 App. U.S.C. 
     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, 1998, 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, 1998, 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 App. U.S.C. 883), the Act of June 19, 
     1886 (46 App. U.S.C. 289), section 12106 of title 46, United 
     States Code, section 506 of the Merchant Marine Act, 1936 (46 
     App. U.S.C. 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 ISLE (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.
       (e) Exception to Chain of Title Restriction.--Section 27 of 
     the Merchant Marine Act, 1920 (46 App. U.S.C. 883) is amended 
     in the first proviso after ``no vessel'' by inserting ``of 
     more than 200 gross tons (as measured under chapter 143 of 
     title 46, United States Code)''.
       (f) Certificate of Documentation for a Liquified Gas 
     Tanker.--Notwithstanding section 27 of the Merchant Marine 
     Act, 1920 (46 App. U.S.C. 883), section 12106 of title 46, 
     United States Code, section 506 of the Merchant Marine Act, 
     1936 (46 App. U.S.C. 1156) and any agreement with the United 
     States Government, the Secretary of Transportation may issue 
     a certificate of documentation with a coastwise endorsement 
     for a vessel to transport liquified natural gas or liquified 
     petroleum gas to the Commonwealth of Puerto Rico from other 
     ports in the United States, if the vessel--
       (1) is a foreign built vessel that was built prior to the 
     date of enactment of this Act; or
       (2) is documented under chapter 121 of title 46, United 
     States Code, before the date of enactment of this Act, even 
     if the vessel is placed under a foreign registry and 
     subsequently redocumented under that chapter for operation 
     under this section.
       (g) Vessels Deemed Constructed in United States.--
     Notwithstanding any other provision of law, the coastwise 
     qualified vessels COASTAL SEA (United States official number 
     666754), COASTAL NOMAD (United States official number 
     686157), and COASTAL MERCHANT (United States official number 
     1038382) are deemed to have been constructed in the United 
     States as of the date of their original delivery.
       (h) Limited Waiver for the Tug MV Janis Guzzle.--
     Notwithstanding any other law or any agreement with the 
     United States Government, the tug MV JANIS GUZZLE (ex-G.R. 
     MOIR; United States official number 608018) may be 
     permanently operated in the domestic trade of the United 
     States upon the repayment of $1,140,619 to the Secretary of 
     Transportation.
       (i) Regent Rainbow.--Notwithstanding section 27 of the 
     Merchant Marine Act, 1920 (46 App. U.S.C. 883), section 8 of 
     the Act of June 19, 1886 (46 App. U.S.C. 289), section 12106 
     of title 46, United States Code, section 506 of the Merchant 
     Marine Act, 1936 (46 App. U.S.C. 1156), and any agreement 
     with the United States Government, the Secretary of 
     Transportation may issue a certificate of documentation with 
     appropriate endorsement for employment in the coastwise trade 
     for the vessel REGENT RAINBOW (Bahamas official number 
     715557), after the completion of the sale of the REGENT 
     RAINBOW to an operator of another passenger vessel measuring 
     more that 20,000 gross tons that on the day before the date 
     of the enactment of this Act is in operation with a coastwise 
     endorsement.
       (j) Military Hovercraft.--Notwithstanding any other 
     provision of law, the Administrator of General Services shall 
     waive all conditions and restrictions relating to transfer or 
     use of the property described in subsection (a)(132) 
     (including the engine twin paks, the thrust and lift engines, 
     and all spare parts, appurtenances, and accessories referred 
     to in that subsection) and shall transfer unconditional and 
     unrestricted title to all such property to the recipient 
     eligible donee.

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

       (a) In General.--The vessel described in subsection (b) 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--
       (1) it does not carry cargo or passengers for hire; and
       (2) it does not engage in commercial fisheries or 
     oceanographic research.
       (b) Vessel Described.--The vessel referred to in subsection 
     (a) is an approximately 96 meter twin screw motor yacht, the 
     construction of which commenced in October, 1993, and that 
     has been assigned the builder's number 13583 (to be named the 
     LIMITLESS).

     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 of 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, 1999.
       (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, United States Code, is 
     amended--

[[Page H11507]]

       (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 is 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 
     App. U.S.C. 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 an 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.

     SEC. 1125. OFFSHORE FACILITY FINANCIAL RESPONSIBILITY 
                   REQUIREMENTS.

       (a) Amount of Financial Responsibility.--Section 1016 of 
     the Oil Pollution Act of 1990 (33 U.S.C. 2716) is amended--
       (1) by amending subsection (c)(1) 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 coastal inland waters, such as 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, producing, 
     or 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 of subparagraph 
     (A) is--
       ``(i) $35,000,000 for an offshore facility located seaward 
     of the seaward boundary of a State; or
       ``(ii) $10,000,000 for an offshore facility 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 subparagraph (B) is 
     justified based on the relative operational, environmental, 
     human health, and other risks posed by the quantity or 
     quality of oil that is explored for, drilled for, produced, 
     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 a 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) Definition.--For the purpose of this paragraph, the 
     seaward boundary of a State shall be determined in accordance 
     with section 2(b) of the Submerged Lands Act (43 U.S.C. 
     1301(b)).'';
       (2) by amending subsection (f) to read as follows:
       ``(f) Claims Against Guarantor.--
       ``(1) In general.--Subject to paragraph (2), a claim for 
     which liability may be established under section 1002 may be 
     asserted directly against any guarantor providing evidence of 
     financial responsibility for a responsible party liable under 
     that section for removal costs and damages to which the claim 
     pertains. In defending against such a claim, the guarantor 
     may invoke--
       ``(A) all rights and defenses which would be available to 
     the responsible party under this Act;
       ``(B) any defense authorized under subsection (e); and
       ``(C) the defense that the incident was caused by the 
     willful misconduct of the responsible party.

     The guarantor may not invoke any other defense that might be 
     available in proceedings brought by the responsible party 
     against the guarantor.
       ``(2) Further requirement.--A claim may be asserted 
     pursuant to paragraph (1) directly against a guarantor 
     providing evidence of financial responsibility under 
     subsection (c)(1) with respect to an offshore facility only 
     if--
       ``(A) the responsible party for whom evidence of financial 
     responsibility has been provided has denied or failed to pay 
     a claim under this Act on the basis of being insolvent, as 
     defined under section 101(32) of title 11, United States 
     Code, and applying generally accepted accounting principles;
       ``(B) the responsible party for whom evidence of financial 
     responsibility has been provided has filed a petition for 
     bankruptcy under title 11, United States Code; or
       ``(C) the claim is asserted by the United States for 
     removal costs and damages or for compensation paid by the 
     Fund under this Act, including costs incurred by the Fund for 
     processing compensation claims.
       ``(3) Rulemaking authority.--Not later than 1 year after 
     the date of enactment of this paragraph, the President shall 
     promulgate regulations to establish a process for 
     implementing paragraph (2) in a manner that will allow for 
     the orderly and expeditious presentation and resolution of 
     claims and effectuate the purposes of this Act.''; and
       (3) by amending subsection (g) to read as follows:
       ``(g) Limitation on Guarantor's Liability.--Nothing in this 
     Act shall impose liability with respect to an incident on any 
     guarantor for damages or removal costs which exceed, in the 
     aggregate, the amount of financial responsibility which that 
     guarantor has provided for a responsible party pursuant to 
     this section. The total liability of the guarantor on direct 
     action for claims brought under this Act with respect to an 
     incident shall be limited to that amount.''.
       (b) Limitation on Application.--The amendment made by 
     subsection (a)(2) shall not apply to any final rule issued 
     before the date of enactment of this section.

     SEC. 1126. 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 a 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 94.42 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.

[[Page H11508]]

     SEC. 1127. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.

       (a) Purchase of American-Made Equipment and Products.--It 
     is the sense of the Congress that, to the greatest extent 
     practicable, all equipment and products purchased with funds 
     made available under this Act should be American-made.
       (b) Notice to Recipients of Assistance.--In providing 
     financial assistance under this Act, the official responsible 
     for providing the assistance, to the greatest extent 
     practicable, shall provide to each recipient of the 
     assistance a notice describing the statement made in 
     subsection (a) by the Congress.

     SEC. 1128. REQUIREMENT FOR PROCUREMENT OF BUOY CHAIN.

       (a) Requirement.--Chapter 5 of title 14, United States 
     Code, as amended by section 311 of this Act, is further 
     amended by adding at the end the following:

     ``Sec. 97. Procurement of buoy chain

       ``(a) Except as provided in subsection (b), the Coast Guard 
     may not procure buoy chain--
       ``(1) that is not manufactured in the United States; or
       ``(2) substantially all of the components of which are not 
     produced or manufactured in the United States.
       ``(b) The Coast Guard may procure buoy chain that is not 
     manufactured in the United States if the Secretary determines 
     that--
       ``(1) the price of buoy chain manufactured in the United 
     States is unreasonable; or
       ``(2) emergency circumstances exist.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     5 of title 14, United States Code, as amended by section 311 
     of this Act, is further amended by adding at the end the 
     following:

``97. Procurement of buoy chain.''.

     SEC. 1129. CRUISE SHIP LIABILITY.

       (a) Applicability of Statutory Limitations.--Section 4283 
     of the Revised Statutes (46 App. U.S.C. 183) is amended by 
     adding at the end the following new subsection:
       ``(g) In a suit by any person in which the operator or 
     owner of a vessel or employer of a crewmember is claimed to 
     have vicarious liability for medical malpractice with regard 
     to a crewmember occurring at a shoreside facility, and to the 
     extent the damages resulted from the conduct of any shoreside 
     doctor, hospital, medical facility, or other health care 
     provider, such operator, owner, or employer shall be entitled 
     to rely upon any and all statutory limitations of liability 
     applicable to the doctor, hospital, medical facility, or 
     other health care provider in the State of the United States 
     in which the shoreside medical care was provided.''.
       (b) Contract Limitations Allowed.--Section 4283b of the 
     Revised Statutes of the United States (46 App. U.S.C. 183c) 
     is amended by redesignating the existing text as subsection 
     (a) and by adding at the end the following new subsection:
       ``(b)(1) Subsection (a) shall not prohibit provisions or 
     limitations in contracts, agreements, or ticket conditions of 
     carriage with passengers which relieve a crewmember, manager, 
     agent, master, owner, or operator of a vessel from liability 
     for infliction of emotional distress, mental suffering, or 
     psychological injury so long as such provisions or 
     limitations do not limit such liability if the emotional 
     distress, mental suffering, or psychological injury was--
       ``(A) the result of physical injury to the claimant caused 
     by the negligence or fault of a crewmember or the manager, 
     agent, master, owner, or operator;
       ``(B) the result of the claimant having been at actual risk 
     of physical injury, and such risk was caused by the 
     negligence or fault of a crewmember or the manager, agent, 
     master, owner, or operator; or
       ``(C) intentionally inflicted by a crewmember or the 
     manager, agent, master, owner, or operator.
       ``(2) Nothing in this subsection is intended to limit the 
     liability of a crewmember or the manager, agent, master, 
     owner, or operator of a vessel in a case involving sexual 
     harassment, sexual assault, or rape.''.

     SEC. 1130. SENSE OF CONGRESS ON THE IMPLEMENTATION OF 
                   REGULATIONS REGARDING ANIMAL FATS AND VEGETABLE 
                   OILS.

       (a) Sense of Congress.--It is the sense of Congress that, 
     in an effort to reduce unnecessary regulatory burdens, a 
     regulation issued or enforced and an interpretation or 
     guideline established pursuant to Public Law 104-55 should in 
     any manner possible recognize and provide for the differences 
     in the physical, chemical, biological, and other properties, 
     and in the environmental effects, of the classes of fats, 
     oils, and greases described under that law.
       (b) Report.--Within 60 days after the date of enactment of 
     this section and on January 1 of each year thereafter, the 
     Secretary of Transportation shall submit a report to Congress 
     on the extent to which the implementation by the United 
     States Coast Guard of regulations issued or enforced, or 
     interpretations or guidelines established, pursuant to public 
     Law 104-55, carry out the intent of Congress and recognize 
     and provide for the differences in the physical, chemical, 
     biological, and other properties, and in the environmental 
     effects, of the classes of fats, oils, and greases described 
     under that law.

     SEC. 1131. TERM OF DIRECTOR OF THE BUREAU OF TRANSPORTATION 
                   STATISTICS.

       Section 111(b)(4) of title 49, United States Code, is 
     amended by adding at the end the following sentence: ``The 
     Director may continue to serve after the expiration of the 
     term until a successor is appointed and confirmed.''.

     SEC. 1132. WAIVER OF CERTAIN REQUIREMENTS FOR HISTORIC FORMER 
                   PRESIDENTIAL YACHT SEQUOIA.

       The vessel M/V SEQUOIA (United States official number 
     225115) is deemed to be less than 100 gross tons, and the 
     Secretary of Transportation may exempt that vessel from 
     certain requirements of section 3306 of title 46, United 
     States Code, and the regulations thereunder. The Secretary 
     may impose special operating restrictions on that vessel as 
     to route, service, manning, and equipment, necessary for the 
     safe operation of that vessel.

     SEC. 1133. VESSEL REQUIREMENTS.

       Section 3503(a) of title 46, United States Code, is amended 
     by striking the last sentence and inserting in lieu thereof 
     the following: ``Before November 1, 2008, this section does 
     not apply to any vessel in operation before January 1, 1968, 
     and operating only within the Boundary Line.''.

     SEC. 1134. EXISTING TANK VESSEL RESEARCH.

       (a) Funding.--The Secretary of Transportation shall take 
     steps to allocate funds appropriated for research, 
     development, testing, and evaluation, including the 
     combination of funds from any source available and authorized 
     for this purpose, to ensure that any Government-sponsored 
     project intended to evaluate double hull alternatives that 
     provide equal or greater protection to the marine 
     environment, or interim solutions to remediate potential 
     environmental damage resulting from oil spills from existing 
     tank vessels, commenced prior to the date of enactment of 
     this section, is fully funded for completion by the end of 
     fiscal year 1997. Any vessel construction or repair necessary 
     to carry out the purpose of this section must be performed in 
     a shipyard located in the United States.
       (b) Use of Public Vessels.--The Secretary may provide 
     vessels owned by, or demise chartered to, and operated by the 
     Government and not engaged in commercial service, without 
     reimbursement, for use in and the support of projects 
     sponsored by the Government for research, development, 
     testing, evaluation, and demonstration of new or improved 
     technologies that are effective in preventing or mitigating 
     oil discharges and protecting the environment.

     SEC 1135. PLAN FOR THE ENGINEERING, DESIGN, AND RETROFITTING 
                   OF THE ICEBREAKER MACKINAW.

       (a) In General.--Not later than May 1, 1997, the Secretary 
     of the department in which the Coast Guard is operating shall 
     submit to the Committees a plan and cost estimate for the 
     engineering, design, and retrofitting of the icebreaker 
     MACKINAW (WAGB-83) to equip the vessel with new engines, 
     command and control features, habitability improvements, and 
     other features needed to allow operation of the vessel by a 
     significantly reduced crew, including 24-hour continuous 
     operation when necessary.
       (b) Committees Defined.--In subsection (a), the term 
     ``Committees'' means the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate.

     SEC. 1136. CROSS-BORDER FINANCING.

       (a) Documentation of Vessels Owned by Trusts.--Section 
     12102 of title 46, United States Code, is amended by adding 
     at the end the following new subsection:
       ``(d)(1) For the issuance of a certificate of documentation 
     with only a registry endorsement, subsection (a)(2)(A) of 
     this section does not apply to a beneficiary of a trust that 
     is qualified under paragraph (2) of this subsection if the 
     vessel is subject to a charter to a citizen of the United 
     States.
       ``(2)(A) Subject to subparagraph (B) of this paragraph, a 
     trust is qualified under this paragraph with respect to a 
     vessel only if--
       ``(i) each of the trustees is a citizen of the United 
     States; and
       ``(ii) the application for documentation of the vessel 
     includes the affidavit of each trustee stating that the 
     trustee is not aware of any reason involving a beneficiary of 
     the trust that is not a citizen of the United States, or 
     involving any other person that is not a citizen of the 
     United States, as a result of which the beneficiary or other 
     person would hold more than 25 percent of the aggregate power 
     to influence or limit the exercise of the authority of the 
     trustee with respect to matters involving any ownership or 
     operation of the vessel that may adversely affect the 
     interests of the United States.
       ``(B) If any person that is not a citizen of the United 
     States has authority to direct or participate in directing a 
     trustee for a trust in matters involving any ownership or 
     operation of the vessel that may adversely affect the 
     interests of the United States or in removing a trustee for a 
     trust without cause, either directly or indirectly through 
     the control of another person, the trust is not qualified 
     under this paragraph unless the trust instrument provides 
     that persons who are not citizens of the United States may 
     not hold more than 25 percent of the aggregate authority to 
     so direct or remove a trustee.
       ``(3) Paragraph (2) of this subsection shall not be 
     considered to prohibit a person who is not a citizen of the 
     United States from holding more than 25 percent of the 
     beneficial interest in a trust.
       ``(4) If a person chartering a vessel from a trust that is 
     qualified under paragraph (2) of this subsection is a citizen 
     of the United States under section 2 of the Shipping Act, 
     1916 (46 App. U.S.C. 802), then the vessel is deemed to be 
     owned by a citizen of the United States for purposes of that 
     section and related laws, except for subtitle B of title VI 
     of the Merchant Marine Act, 1936.''.
       (b) Approval of Certain Vessel Transactions Before 
     Documentation of the Vessel.--Section 9 of the Shipping Act, 
     1916 (46 App. U.S.C. 808) is amended by adding at the end the 
     following new subsection:
       ``(e) To promote financing with respect to a vessel to be 
     documented under chapter 121 of title 46, United States Code, 
     the Secretary may grant approval under subsection (c) before 
     the date the vessel is documented.''.
       (c) Trust Charterers--Notwithstanding section 12102(d)(4) 
     of title 46, United States Code,

[[Page H11509]]

     as amended by this section, for purposes of subtitle B of 
     title VI of the Merchant Marine Act, 1936 a vessel is deemed 
     to be owned and operated by a citizen of the United States 
     (as that term is used in that subtitle) if--
       (1) the person chartering the vessel from a trust under 
     section 12102(d)(2) of that title is a citizen of the United 
     States under section 2 of the Shipping Act, 1916 (46 App. 
     U.S.C. 802); and
       (2)(A) the vessel--
       (i) is delivered by a shipbuilder, following completion of 
     construction, on or after May 1, 1995 and before January 31, 
     1996; or
       (ii) is owned by a citizen of the United States under 
     section 2 of the Shipping Act, 1916 on September 1, 1996, or 
     is a replacement for such a vessel; or
       (B) payments have been made with respect to the vessel 
     under subtitle B of title VI of the Merchant Marine Act, 1936 
     for at least 1 year.
       (d) Indirect Vessel Owners--Notwithstanding any other 
     provision of law, for purposes of subtitle B of title VI of 
     the Merchant Marine Act, 1936 the following vessels are 
     deemed to be owned and operated by a citizen of the United 
     States (as that term is used in that subtitle) if the vessels 
     are owned, directly or indirectly, by a person that is a 
     citizen of the United States under section 2 of the Shipping 
     Act, 1916 (46 App. U.S.C. 802):
       (1) Any vessel constructed under a shipbuilding contract 
     signed on December 21, 1995, and having hull number 3077, 
     3078, 3079, or 3080.
       (2) Any vessel delivered by a shipbuilder, following 
     completion of construction, on or after May 1, 1995, and 
     before January 31, 1996.
       (3) Any vessel owned on September 1, 1996, by a person that 
     is a citizen of the United States under section 2 of the 
     Shipping Act, 1916, or a replacement for such a vessel.
       (4) Any vessel with respect to which payments have been 
     made under subtitle B of title VI of the Merchant Marine Act, 
     1936 for at least 1 year.

     SEC. 1137. VESSEL STANDARDS.

       (a) Certificate of Inspection.--A vessel used to provide 
     transportation service as a common carrier which the 
     Secretary of Transportation determines meets the criteria of 
     section 651(b) of the Merchant Marine Act, 1936, but which on 
     the date of enactment of this Act is not a documented vessel 
     (as that term is defined in section 2101 of title 46, United 
     States Code), shall be eligible for a certificate of 
     inspection if the Secretary determines that--
       (1) the vessel is classed by and designed in accordance 
     with the rules of the American Bureau of Shipping or another 
     classification society accepted by the Secretary;
       (2) the vessel complies with applicable international 
     agreements and associated guidelines, as determined by the 
     country in which the vessel was documented immediately before 
     becoming a documented vessel (as defined in that section); 
     and
       (3) that country has not been identified by the Secretary 
     as inadequately enforcing international vessel regulations as 
     to that vessel.
       (b) Continued Eligibility for Certificate.--Subsection (a) 
     does not apply to a vessel after any date on which the vessel 
     fails to comply with the applicable international agreements 
     and associated guidelines referred to in subsection (a)(2).
       (c) Reliance on Classification Society.--
       (1) In general.--The Secretary may rely on a certification 
     from the American Bureau of Shipping or, subject to paragraph 
     (2), another classification society accepted by the Secretary 
     to establish that a vessel is in compliance with the 
     requirements of subsections (a) and (b).
       (2) Foreign classification society.--The Secretary may 
     accept certification from a foreign classification society 
     under paragraph (1) only--
       (A) to the extent that the government of the foreign 
     country in which the society is headquartered provides access 
     on a reciprocal basis to the American Bureau of Shipping; and
       (B) if the foreign classification society has offices and 
     maintains records in the United States.

     SEC. 1138. VESSELS SUBJECT TO THE JURISDICTION OF THE UNITED 
                   STATES.

       (a) In General.--Section 3 of the Maritime Drug Law 
     Enforcement Act (46 App. U.S.C. 1903) is amended--
       (1) in subsection (c)(2) by striking ``and'' after the 
     semicolon in subparagraph (A), by striking the period at the 
     end of subparagraph (B) and inserting ``; and'', and by 
     adding at the end the following new subparagraph:
       ``(C) a vessel aboard which the master or person in charge 
     makes a claim of registry and the claimed nation of registry 
     does not affirmatively and unequivocally assert that the 
     vessel is of its nationality.'';
       (2) in subsection (c)(1) by striking ``and may be'' and 
     inserting ``and is conclusively'';
       (3) in subsection (c)(2) by striking ``nation may be'' and 
     inserting ``nation is conclusively'';
       (4) in subsection (d) by inserting before the first 
     sentence the following: ``Any person charged with a violation 
     of this section shall not have standing to raise the claim of 
     failure to comply with international law as a basis for a 
     defense.''; and
       (5) by adding at the end of subsection (f) the following: 
     ``Jurisdiction of the United States with respect to vessels 
     subject to this chapter is not an element of any offense. All 
     jurisdictional issues arising under this chapter are 
     preliminary questions of law to be determined solely by the 
     trial judge.''.
       (b) Conforming Amendment.--Subsection (c) of such section 
     is amended by inserting ``or (C)'' after ``under subparagraph 
     (A)''.

     SEC. 1139. REACTIVATION OF CLOSED SHIPYARDS.

       (a) In General.--The Secretary may issue a guarantee or a 
     commitment to guarantee obligations under title XI of the 
     Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), upon 
     such terms as the Secretary may prescribe, to assist in the 
     reactivation and modernization of any shipyard in the United 
     States that is closed on the date of the enactment of this 
     Act, if the Secretary finds that--
       (1) the closed shipyard historically built military vessels 
     and responsible entities now seek to reopen it as an 
     internationally competitive commercial shipyard;
       (2)(A) the closed shipyard has been designated by the 
     President as a public-private partnership project; or
       (B) has a reuse plan approved by the Navy in which 
     commercial shipbuilding and repair are primary activities and 
     has a revolving economic conversion fund approved by the 
     Department of Defense; and
       (3) the State in which the shipyard is located, and each 
     other involved State, or a State-chartered agency, is making 
     a significant financial investment in the overall cost of 
     reactivation and modernization as its contribution to the 
     reactivation and modernization project, in addition to the 
     funds required by subsection (d)(2) of this section.
       (b) Waivers.--Notwithstanding any other provision of title 
     XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et 
     seq.), the Secretary shall not apply the requirements of 
     section 1104A(d) of that Act when issuing a guarantee or a 
     commitment to guarantee an obligation under this section.
       (c) Conditions.--The Secretary shall impose such conditions 
     on the issuance of a guarantee or a commitment to guarantee 
     under this section as are necessary to protect the interests 
     of the United States from the risk of a default. The 
     Secretary shall consider the interdependency of such shipyard 
     modernization and reactivation projects and related vessel 
     loan guarantee requests pending under title XI of the 
     Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.) 
     before issuing a guarantee or a commitment to guarantee under 
     this section.
       (d) Funding Provisions.--
       (1) The Secretary may not guarantee or commit to guarantee 
     obligations under this section that exceed $100,000,000 in 
     the aggregate.
       (2) The amount of appropriated funds required by the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a et seq.) in 
     advance of the Secretary's issuance of a guarantee or a 
     commitment to guarantee under this section shall be provided 
     by the State in which the shipyard is located, and other 
     involved States, or by a State-chartered agency, and 
     deposited by the Secretary in the financing account 
     established under the Federal Credit Reform Act of 1990 (2 
     U.S.C. 661a et seq.) for loan guarantees issued by the 
     Secretary under title XI of the Merchant Marine Act of 1936 
     (46 App. U.S.C. 1271 et seq.). No federally appropriated 
     funds shall be available for this purpose. The funds 
     deposited into that financing account shall be held and 
     applied by the Secretary in accordance with the provisions of 
     the Federal Credit Reform Act of 1990 (2 U.S.C. 661a et 
     seq.), except that, unless the Secretary shall have earlier 
     paid an obligee or been required to pay an obligee pursuant 
     to the terms of a loan guarantee, the funds deposited in that 
     financing account shall be returned, upon the expiration of 
     the Secretary's loan guarantee, to the State, States, or 
     State-chartered agency which originally provided the funds to 
     the Secretary.
       (3) Notwithstanding the provisions of any other law or 
     regulation, the cost (as that term is defined by the Federal 
     Credit Reform Act of 1990 (2 U.S.C. 661a et seq.)) of a 
     guarantee or commitment to guarantee issued under this 
     section--
       (A) may only be determined with reference to the merits of 
     the specific closed shipyard reactivation project which is 
     the subject of that guarantee or commitment to guarantee, 
     without reference to any other project, type of project, or 
     averaged risk; and
       (B) may not be used in determining the cost of any other 
     project, type of project, or averaged risk applicable to 
     guarantees or commitments to guarantee issued under title XI 
     of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et 
     seq.).
       (e) Sunset.--No commitment to guarantee obligations under 
     this section shall be issued by the Secretary after one year 
     after the date of enactment of this section.
       (f) Definition.--As used in this section, the term 
     ``Secretary'' means the Secretary of Transportation.

     SEC. 1140. SAKONNET POINT LIGHT.

       Notwithstanding any other provision of law, any action in 
     admiralty brought against a private nonprofit organization 
     (including any officer, director, employee, or agent of such 
     organization) for damages or injuries resulting from an 
     incident occurring after the date of enactment of this Act, 
     and arising from the operation, maintenance, or 
     malfunctioning of an aid to navigation operated by the Coast 
     Guard on or within property or a structure owned by such 
     nonprofit organization at Sakonnet Point, Little Compton, 
     Rhode Island, shall be determined exclusively according to 
     the law of the State in which such property or structure is 
     located.

     SEC. 1141. DREDGING OF RHODE ISLAND WATERWAYS.

       The Chief of Engineers of the Army Corps of Engineers, in 
     conjunction with the Secretary of Transportation and other 
     relevant agencies, shall--
       (1) review the report of the commission convened by the 
     Governor of Rhode Island on dredging Rhode Island waterways; 
     and
       (2) not later than 120 days after the date of enactment of 
     this section, submit to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation

[[Page H11510]]

     and Infrastructure of the House of Representatives any 
     recommendations that the Chief of Engineers may have 
     concerning the feasibility and environmental effects of the 
     dredging.

     SEC. 1142. INTERIM PAYMENTS.

       (a) Damages for Loss of Profits or Impairment of Earning 
     Capacity.--Section 1005 of the Oil Pollution Act of 1990 (33 
     U.S.C. 2705) is amended by--
       (1) in the title inserting ``; PARTIAL PAYMENT OF CLAIMS'' 
     before the period; and
       (2) adding at the end of subsection (a) the following: 
     ``The responsible party shall establish a procedure for the 
     payment or settlement of claims for interim, short-term 
     damages. Payment or settlement of a claim for interim, short-
     term damages representing less than the full amount of 
     damages to which the claimant ultimately may be entitled 
     shall not preclude recovery by the claimant for damages not 
     reflected in the paid or settled partial claim.''.
       (b) Clarification of Claims Procedure.--Section 1013(d) of 
     the Oil Pollution Act of 1990 (33 U.S.C. 2713(d)) is amended 
     by striking ``section'' and inserting the following: 
     ``section, including a claim for interim, short-term damages 
     representing less than the full amount of damages to which 
     the claimant ultimately may be entitled,''.
       (c) Advertisement.--Section 1014(b) of the Oil Pollution 
     Act of 1990 (33 U.S.C. 2714(b)) is amended--
       (1) by inserting ``(1)'' before ``If''; and
       (2) by adding at the end the following new paragraph:
       ``(2) An advertisement under paragraph (1) shall state that 
     a claimant may present a claim for interim, short-term 
     damages representing less than the full amount of damages to 
     which the claimant ultimately may be entitled and that 
     payment of such a claim shall not preclude recovery for 
     damages not reflected in the paid or settled partial 
     claim.''.
       (d) Clarification of Subrogation.--Section 1015(a) of the 
     Oil Pollution Act of 1990 (33 U.S.C. 2715(a)) is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b) Interim Damages.--
       ``(1) In general.--If a responsible party, a guarantor, or 
     the Fund has made payment to a claimant for interim, short-
     term damages representing less than the full amount of 
     damages to which the claimant ultimately may be entitled, 
     subrogation under subsection (a) shall apply only with 
     respect to the portion of the claim reflected in the paid 
     interim claim.
       ``(2) Final damages.--Payment of such a claim shall not 
     foreclose a claimant's right to recovery of all damages to 
     which the claimant otherwise is entitled under this Act or 
     under any other law.''.

     SEC. 1143. OIL SPILL INFORMATION.

       Section 311 of the Federal Water Pollution Control Act (33 
     U.S.C. 1321) is amended--
       (1) in subsection (j)(2)(A) by inserting after ``paragraph 
     (4),'' the following: ``and of information regarding previous 
     spills, including data from universities, research 
     institutions, State governments, and other nations, as 
     appropriate, which shall be disseminated as appropriate to 
     response groups and area committees, and''; and
       (2) in subsection (j)(4)(c)(v) by inserting before 
     ``describe'' the following: ``compile a list of local 
     scientists, both inside and outside Federal Government 
     service, with expertise in the environmental effects of 
     spills of the types of oil typically transported in the area, 
     who may be contacted to provide information or, where 
     appropriate, participate in meetings of the scientific 
     support team convened in response to a spill'', and''.

     SEC. 1144. COMPLIANCE WITH OIL SPILL RESPONSE PLANS.

       Section 311(c)(3)(B) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1321(c)(3)(B)) is amended by striking 
     ``President'' and inserting ``President, except that the 
     owner or operator may deviate from the applicable response 
     plan if the President or the Federal On-Scene Coordinator 
     determines that deviation from the response plan would 
     provide for a more expeditious or effective response to the 
     spill or mitigation of its environmental effects''.

     SEC. 1145. BRIDGE DEEMED TO UNREASONABLY OBSTRUCT NAVIGATION.

       The Sooline & Milwaukee Road Swing Bridge, located in 
     Oshkosh, Wisconsin, is deemed to unreasonably obstruct 
     navigation for purposes of the Act of June 21, 1940 
     (popularly known as the Hobbs Bridge Act; 33 U.S.C. 511 et 
     seq.).

     SEC. 1146. FISHING VESSEL EXEMPTION.

       (a) In General.--Chapter 81 of title 46, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 8105. Fishing vessel exemption

       ``Notwithstanding any other provision of law, neither the 
     International Convention on Standards of Training, 
     Certification and Watchkeeping for Seafarers, 1978, nor any 
     amendment to such convention, shall apply to a fishing 
     vessel, including a fishing vessel used as a fish tender 
     vessel.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     81 of title 46, United States Code, is amended by adding at 
     the end the following:

``8105. Fishing vessel exemption.''.

       And the House agree to the same.

     From the Committee on Transportation and Infrastructure, for 
     consideration of the Senate bill and the House amendment, and 
     modifications committed to conference:
     Bud Shuster,
     Don Young,
     Howard Coble,
     Tillie K. Fowler,
     Bill Baker,
     James L. Oberstar,
     Bob Clement,
     Glenn Poshard,
     From the Committee on the Judiciary, for consideration of 
     sec. 901 of the Senate bill, and sec. 430 of the House 
     amendment, and modifications committed to conference:
     Henry Hyde,
     Bill McCollum,
                                Managers on the Part of the House.

     From the Committee on Commerce, Science, and Transportation:
     Larry Pressler,
     Ted Stevens,
     Slade Gorton,
     Trent Lott,
     Kay Bailey Hutchison,
     Olympia Snowe,
     John Ashcroft,
     Spencer Abraham,
     Fritz Hollings,
     Daniel Inouye,
     John F. Kerry,
     John Breaux,
     Byron L. Dorgan,
     Ron Wyden,
     From the Committee on Environment and Public Works:
     John H. Chafee,
     John Warner,
     Bob Smith,
     Lauch Faircloth,
     Jim Inhofe,
     Max Baucus,
     Frank R. Lautenberg,
     Joe Lieberman,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the House to the bill (S. 1004) to authorize 
     appropriations for the United States Coast Guard, and for 
     other purposes, submit the following joint statement to the 
     House and the Senate in explanation of the effect of the 
     action agreed upon by the managers and recommended in the 
     accompanying conference report:
       The House amendment struck all of the Senate bill after the 
     enacting clause and inserted a substitute text.
       The Senate recedes from its disagreement to the amendment 
     of the House with an amendment that is a substitute for the 
     Senate bill and the House amendment. The differences between 
     the Senate bill, the House amendment, and the substitute 
     agreed to in conference and noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clerical 
     changes.


                         section 1. short title

       Section 1 of the Senate bill states that the Act may be 
     cited as the ``Coast Guard Authorization Act of 1996.'' This 
     section of the House amendment states that the Act may be 
     cited as the ``Coast Guard Authorization Act for Fiscal Year 
     1996.''
       The Conference substitute cites the Act as the ``Coast 
     Guard Authorization Act of 1996.''


                      section 2. table of contents

       Section 2 of the Senate bill, the House amendment, and the 
     conference substitute provide a table of contents for the 
     bill.

                        Title I--Authorizations


              section 101. authorization of appropriations

       Section 101 of the Senate bill authorizes Coast Guard 
     appropriations for Fiscal Year (FY) 1996, at the following 
     levels:

                                                       Fiscal year 1996
Operating Expenses.......................................$2,618,316,000
AC&I........................................................428,200,000
R&D..........................................................22,500,000
Retired Pay.................................................582,022,000
Alteration of Bridges........................................16,200,000
Environmental Compliance.....................................25,000,000

       This bill also authorizes the transfer of funds from the 
     discretionary bridge program of the Federal Highway 
     Administration to the Coast Guard for alteration of highway 
     bridges that are determined to be obstructions to navigation.
       Section 101 of the House amendment contains identical 
     authorization levels, but does not contain the funding change 
     for alteration of highway bridges that are determined to be 
     obstructions to navigation.
       The Conference substitute adopts the Senate provision with 
     an amendment to authorize Coast Guard appropriations for 
     fiscal year 1997 at the following levels:

                                                       Fiscal year 1997
Operating Expenses.......................................$2,637,800,000
AC&I........................................................411,600,000
R&D..........................................................20,300,000
Retired Pay.................................................608,100,000
Alteration of Bridges........................................25,100,000
Environmental Compliance.....................................25,000,000

       The Conference Committee recommends that a study be 
     conducted to look at ways the aviation program could cut its 
     operating and replacement costs. The study should include 
     looking at alternative aircraft to replace some of the aging 
     HC-130's and HU-25's. The Committee believes some 
     surveillance missions could be done by aircraft that are much 
     less costly to operate. Further, the Committee believes there 
     may be creative ways these alternate aircraft may be acquired 
     without major capital expense. The Coast Guard shall report 
     back to the Committee on Transportation and Infrastructure of 
     the House and the Committee on Commerce, Science, and 
     Transportation of the Senate by December 15, 1997.

[[Page H11511]]

    section 102. authorized levels of military strength and training

       Section 102 of the Senate bill authorizes a Coast Guard 
     end-of-year strength of 38,400 active duty military personnel 
     and military training student loads for fiscal year 1996. 
     These authorized strength levels would not include members of 
     the Coast Guard Ready Reserve called to active duty for 
     special or emergency augmentation of regular Coast Guard 
     forces for period of 180 days or less.
       Section 102 of House amendment has the identical strength 
     numbers, but does not contain the Coast Guard Ready Reserve 
     provision.
       The Conference substitute amends the House provision by 
     authorizing a Coast Guard end-of-year strength of 37,561 by 
     the end of fiscal year 1997 and military training student 
     loads for fiscal year 1997.


           section 103. quarterly report on drug interdiction

       The Senate bill contains no comparable provision.
       Section 103 of the House amendment requires the Secretary 
     of Transportation to submit to the Committee on 
     Transportation and Infrastructure in the House of 
     Representatives and Committee on Commerce, Science, and 
     Transportation in the Senate quarterly reports on Coast Guard 
     drug interdiction expenditures. The requirement for quarterly 
     reports will allow the Committees to closely monitor the 
     expenditures for Cost Guard drug interdiction, and to ensure 
     that critical drug interdiction resources are not diverted to 
     other Coast Guard missions.
       The Conference substitute adopts the House provision.


  section 104. sense of the congress regarding funding for the coast 
                                 guard

       The Senate bill contains no comparable provision.
       Section 422 of the House amendment states that it is the 
     sense of Congress that Congress should appropriate for the 
     Coast Guard adequate funds to enable it to carry out all 
     extraordinary functions and duties the Coast Guard is 
     required to undertake in addition to its normal functions 
     established by law.
       The Conference substitute adopts the House amendment.

               Title II--Personnel Management Improvement


          section 201. provision of child development services

       Section 201 of the Senate bill adds a new section 515 to 
     title 14, United States Code, authorizing the Coast Guard to 
     establish a program to provide child development services for 
     members of the armed forces and Federal civilian employees. 
     Subsection (a) of new section 515 provides authority for the 
     Commandant to expend appropriated funds to make child 
     development services available. Subsection (b) of the new 
     section establishes priorities for the use of parents' fees. 
     Subsection (c) requires regular inspections of Coast Guard 
     child care centers and establishes minimum requirements for 
     training child care center employees. Subsection (d) 
     authorizes the use of Coast Guard operating expenses in an 
     amount not to exceed annual child care receipts to support 
     child care center operation. Subsection (e) authorizes the 
     use of appropriated funds to provide assistance to home day-
     care providers. Subsection (f) authorizes the Secretary to 
     charge fees for child development services provided.
       Section 203 of the House amendment amends section 93 of 
     title 14, United States Code, to authorize the Coast Guard to 
     establish a program to provide child development services for 
     military members and civilian employees. This program 
     provided in this section is similar in most respects to the 
     existing Department of Defense child care development 
     program.
       The Conference substitute adopts the House amendment.

               Title II--Personnel Management Improvement


          section 201. provision of child development services

       Section 201 of the Senate bill adds a new section 515 to 
     title 14, United States Code, authorizing the Coast Guard to 
     establish a program to provide child development services for 
     members of the armed forces and Federal civilian employees. 
     Subsection (a) of new section 515 provides authority for the 
     Commandant to expend appropriated funds to make child 
     development services available. Subsection (b) of the new 
     section establishes priorities for the use of parents' fees. 
     Subsection (c) requires regular inspections of Coast Guard 
     child care centers and establishes minimum requirements for 
     training child care center employees. Subsection (d) 
     authorizes the use of Coast Guard operating expenses in an 
     amount not to exceed annual child care receipts to support 
     child care center operation. Subsection (e) authorizes the 
     use of appropriated funds to provide assistance to home day-
     care providers. Subsection (f) authorizes the Secretary to 
     charge fees for child development services provided.
       Section 203 of the House amendment amends section 93 of 
     title 14, United States Code, to authorize the Coast Guard to 
     establish a program to provide child development services for 
     military members and civilian employees. This program 
     provided in this section is similar in most respects to the 
     existing Department of Defense child care development 
     program.
       The Conference substitute adopts the Senate provision.


                  section 202. hurricane andrew relief

       Section 202 of the Senate bill authorizes Coast Guard 
     military personnel assigned to a facility around Homestead 
     Air Force Base, Florida, on or before August 24, 1992, to be 
     compensated if they are unable to sell their homes due to 
     damage from Hurricane Andrew.
       Section 201 of the House amendment is identical to the 
     Senate bill.
       The Conference substitute adopts the Senate provision.


    section 203. dissemination of results of 0-6 continuation boards

       Section 203 of the Senate bill amends section 289 of title 
     14 United States Code, eliminating the requirement for 
     dissemination to the service at large of the result of boards 
     convened to recommend captains for continuation on active 
     duty.
       The House amendment contains no comparable provision.
       The Conference substitute adopts the Senate provision.


    SECTION 204. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH

       Section 204 of the Senate bill amends section 712 of title 
     14, United States Code, to eliminate the requirement to 
     include Coast Guard Reservists ordered to active duty in the 
     calculation of Coast Guard end-of-year personnel strength. 
     This new authority parallels the Secretary of 
     Transportation's existing authority to exceed annual Coast 
     Guard end-of-year strength ceilings in order to respond to 
     national defense emergencies.
       Section 202 of the House amendment is similar to the Senate 
     bill.
       The Conference substitute adopts the House provision.


        SECTION 205. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE

       Section 205 of the Senate bill amends section 283(b) of 
     title 14, United States Code, to allow Coast Guard officers 
     with at least 18 years of service, and who have been passed 
     over for promotion twice, to continue on active duty until 
     they are eligible for retirement after 20 years of service. A 
     similar provision applies to members of the Coast Guard 
     Reserve and the other branches of the armed forces.
       Section 205 of the House amendment is identical to the 
     Senate bill.
       The Conference substitute adopts the Senate provision.


                        section 206. recruiting

       Section 207 of the Senate bill expands the Coast Guard's 
     authority to recruit its military work force. Subsection (a) 
     amends the National Defense Authorization Act for Fiscal Year 
     1995 to extend to the Department of Transportation a 
     provision that denies funds to institutions of higher 
     education that have a policy of denying recruiters from the 
     armed forces access to their campuses or students, or denying 
     access to director information pertaining to students.
       Subsection (b) provides specific authority for the Coast 
     Guard to use operating funds for entertainment expenses 
     arising from recruiting activities in the Coast Guard's 
     ``centers of influence'' program, modeled after the programs 
     of the Navy, Marine Corps, and Air Force.
       Subsection (c) expands the Coast Guard's authority to enter 
     into contracts with, and make grants to, public and private 
     organizations and individuals for the purpose of meeting 
     identified personnel resource requirements. Students who 
     successfully qualify for the program would be offered a one-
     year or two-year scholarship that would pay for all or part 
     of the tuition and related living expenses while enrolled in 
     a college or university.
       Section 407 of the House amendment requires the Coast Guard 
     to submit a report to the Committee on Transportation and 
     Infrastructure in the House of Representatives and the 
     Committee on Commerce, Science, and Transportation in the 
     Senate on efforts to recruit women and minorities, and to 
     make recommendations on the need for future action in this 
     area.
       Section 206 of the Conference substitute adopts subsections 
     (a) and (b) of section 207 of the Senate bill. Subsection (a) 
     denies funds to institutions which do not allow Coast Guard 
     recruiters on campus. Subsection (c) allows the Coast Guard 
     to use operating funds to cover advertising and entertainment 
     expenses related to certain recruiting activities. Section 
     207(c) of the conference substitute includes the study on 
     recruiting women and minorities from section 407 of the House 
     amendment.


section 207. access to national driver register information on certain 
                         coast guard personnel

       Section 208(a) of the Senate bill amends section 93 of 
     title 14, United States Code, to authorize the Commandant of 
     the Coast Guard to require that Coast Guard military 
     personnel request all information contained in the National 
     Driver Register (NDR) pertaining to the individual and be 
     made available to the Commandant. Current law allows an 
     employer to have access to NDR records of an individual who 
     is seeking employment or is employed as a driver of a 
     commercial vehicle, an individual who has applied for, or has 
     received an airman's medical certificate, an individual who 
     is seeking employment or is employed as an operator of a 
     locomotive, and a holder of, or applicant for, a merchant 
     mariner's license, certificate of registry, or merchant 
     mariner's document.
       Subsection (b) of this section amends section 30305 of 
     title 49, United States Code, to allow Coast Guard military 
     personnel to request the chief licensing official of a State 
     to

[[Page H11512]]

     provide information in the National Driver Register about the 
     individual to the Commandant of the Coast Guard, and to allow 
     the Commandant to receive the information.
       Section 204 of the House amendment is identical to the 
     Senate bill.
       The Conference substitute adopts the Senate provision.


              section 208. coast guard housing authorities

       Section 209 of the Senate bill establishes a new financing 
     mechanism for the construction of military family housing and 
     unaccompanied housing units on or near Coast Guard 
     installations. It authorizes the Coast Guard to use direct 
     loans, loan guarantees, long-term leases, rental guarantees, 
     barter, direct government investment, and other financial 
     arrangements to encourage private sector participation in the 
     building of military housing.
       A Coast Guard Housing Improvement Fund (Fund) is 
     established to provide these new housing projects. In 
     addition to the amounts appropriated to the Fund, the Fund 
     may receive transfers from other U.S. Department of 
     Transportation housing accounts, receipts from property sales 
     and rents, returns on any capital, and other income 
     operations or transactions connected with the program. The 
     amounts in the Fund are available to acquire housing using 
     the various techniques mentioned above, but the total value 
     of budget authority for all contracts and investments are 
     limited to $60 million.
       The House amendment has no comparable provision.
       The Conference substitute amends the Senate provision in 
     several ways. The substitute allows the Coast Guard Housing 
     program to use loan guarantees for developers of military 
     family housing and military unaccompanied housing. The 
     substitute also allows the Secretary of Transportation to 
     enter into limited partnerships with nongovernmental entities 
     for the purpose of carrying out projects for the acquisition 
     or construction of housing units for military housing.
       Section 208 of the Conference Substitute ensures that 
     amounts available from the Fund are subject to 
     appropriations. This provision does not allow the acquisition 
     or construction of military housing unless the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and Committee on Commerce, Science, and 
     Transportation of the Senate have adopted resolutions 
     approving of the plans. The conferees believe the Coast Guard 
     should submit to each committee a prospectus for each project 
     based on OMB Circular A-104, which is used by the General 
     Services Administration for their capital construction and 
     leasing program. Section 208 identifies one housing project 
     on or near Coast Guard Integrated Support Command, Ketchikan, 
     Alaska, to be exempted from the committee approval process.


     section 209. board for correction of military records deadline

       Section 210 of the Senate bill is similar to section 404 of 
     the House amendment, except that it requires those affected 
     by the provision to apply for retroactive relief.
       Section 404 of the House amendment clarifies the 
     application of section 212 of the Coast Guard Authorization 
     Act of 1989, (Public Law 101-225, 10 U.S.C. 1552 note). This 
     section required the Secretary of Transportation to amend the 
     regulations governing the Coast Guard's Board for the 
     Correction of Military Records (BCMR) to ensure that appeals 
     are processed expeditiously and that final decisions are made 
     within 10 months of their receipt by the BCMR. Section 212 
     also required the Secretary to appoint and maintain a 
     permanent staff, and a panel of civilian officers or 
     employees to serve as members of the board, which are 
     adequate to ensure compliance with the 10-month deadline for 
     final action on the application. Section 404 of the House 
     amendment clarifies that the 10-month deadline established 
     under section 212 of the 1989 Coast Guard Authorization Act 
     was intended to be mandatory. Section 404 also clarifies that 
     section 212 was intended to apply to applications pending 
     before the BCMR or the Secretary of Transportation on June 
     12, 1990, which was six months after the date of enactment of 
     the 1989 Coast Guard Authorization Act.
       Under section 404 of the House amendment, and section 212 
     of the 1989 Coast Guard Authorization Act, extensions of time 
     granted to applicants by the BCMR do not count toward the 10-
     month deadline. The purpose of section 212 of the 1989 Coast 
     Guard Authorization Act was to impose a deadline on the 
     Department of Transportation that resulted in timely, 
     meaningful resolution of claims for BCMR applicants. 
     Extensions of the 10-month deadline requested by applicants 
     themselves are not contrary to the purpose of section 212.
       Section 209 of the Conference substitute creates a new 
     section 425 of title 46, United States Code, which is similar 
     to the Senate provision. The conferees believe that the lack 
     of prompt resolution of BCMR cases has denied meaningful 
     relief to many BCMR applicants who are found to have been 
     unjustly passed over for promotion. Because the Coast Guard 
     does not convene special selection boards for officers whom 
     the BCMR finds to have been wrongly passed over, it is 
     imperative that the BCMR adhere to the 10-month deadline in 
     each case. Officers who fall behind the regular promotion 
     cycle because of delayed BCMR relief are at a competitive 
     disadvantage when competing for promotion against officers 
     whose careers have progressed at a normal pace.
       The conferees direct the BCMR to resolve all cases within 
     the 10-month deadline, eliminating the necessity for Coast 
     Guard special selection boards. The conferees also direct the 
     BCMR to establish a system to monitor the implementation of 
     this section, including a method to easily determine the 
     dates on which applications are filed with the BCMR, and 
     other significant dates related to a BCMR application.


      section 210. repeal temporary promotion of warrant officers

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute repeals section 277 of title 14, 
     United States Code, which provides that Coast Guard warrant 
     officers may be temporarily promoted to higher warrant 
     officer grades. Section 541 of the National Defense 
     Authorization Act for Fiscal Year 1995 (Public Law 103-337) 
     made the Warrant Officer Management Act (WOMA) applicable to 
     the Coast Guard warrant officer corps. There are no temporary 
     warrant officer promotions under WOMA and the repeal of 
     section 277 of title 14, United States Code, is necessary to 
     remove this inconsistent provision.


             section 211. appointment of temporary officers

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute permits the Coast Guard to vacate 
     the appointments of a temporary commissioned officer at any 
     point prior to the officer's becoming a permanent 
     commissioned officer and not just during the period of the 
     original appointment. This provides an important means for 
     managing the size of the Coast Guard officer corps in an era 
     of decreasing budgets, while at the same time allowing 
     individuals to continue a Coast Guard career.


  section 212. information to be provided to officer selection boards

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute deletes the requirement for the 
     Coast Guard to identify officers who are in the promotion 
     zone of the group. This will allow officers who have failed 
     to be selected for promotion by an earlier board to compete 
     on an equal basis with officers who are being considered for 
     the first time.


 section 213. rescue diver training for selected coast guard personnel

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute allows the Coast Guard to provide 
     rescue diver training to selected Coast Guard personnel under 
     the helicopter rescue swimming program.


         section 214. special authorities regarding coast guard

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute adds two provisions which involve 
     Coast Guard reimbursement of expenses for mess operations and 
     severable services contracts.
       Subsection (a) of section 214 allows the Secretary of 
     Transportation, when the Coast Guard is not operating as part 
     of the Navy, to establish rates for meals sold at Coast Guard 
     dining facilities and to reimburse mess expense operations 
     for the cost of those meals. This will allow the Coast Guard 
     to operate its mess facilities more efficiently and 
     effectively, in the same manner as the other armed services, 
     which already have this authority.
       Subsection (b) of section 214 allows the Secretary of 
     Transportation to enter into contracts for severable services 
     contracts across fiscal years. Severable services are 
     services funded by annual appropriations that can be 
     subdivided by year for performance, such as services 
     performed for equipment and facility maintenance. This 
     provision gives the Coast Guard the same authority previously 
     granted to other Federal agencies under the Federal 
     Acquisition Streamlining Act of 1994.

       Title III--Marine Safety and Waterway Services Management


               section 301. changes to documentation laws

       Section 301 of the Senate bill amends section 12122(a) of 
     title 46, United States Code, increasing the maximum civil 
     penalty for violation of documentation laws from $500 to 
     $10,000.
       Subsection (b) of this section amends section 12122(b) of 
     title 46, United States Code, broadening the seizure and 
     forfeiture authority within the penalty section. This 
     subsection moves three existing authorities currently in 
     section 12110(c) of title 46, United States Code, to section 
     12122(b). Consolidating these authorities in this section 
     should clarify those violations of U.S. documentation laws 
     for which seizure and forfeiture authority would be 
     exercised.
       In addition, this subsection adds a new substantive basis 
     for seizure and forfeiture when a vessel is placed under the 
     command of a person not a citizen of the United

[[Page H11513]]

     States. The term ``under the command of'' is intended to have 
     the same meaning as in section 12110(d) of title 46, United 
     States Code. Command of a vessel would include, complete 
     authority and control over and responsibility for all aspects 
     of vessel navigation, stability, cargo loading, and 
     communications; material condition of the vessel; health, 
     welfare, safety, and training of the crews; fishing and fish 
     processing activities; crew hiring, firing, discipline, and 
     pay; maintenance, provisioning, and supplies; and compliance 
     with all applicable U.S. laws and regulations.
       Section 301 (c) and (d) makes technical and conforming 
     changes to sections 12122(c) and 12110(d) of title 46, United 
     States Code. Section 301(e) terminates the eligibility for a 
     fisheries endorsement of a vessel purchased by the Secretary 
     of Commerce under a fishing capacity reduction program.
       The House amendment contains no comparable provision.
       The Conference substitute adopts the Senate provision with 
     several technical modifications.


           section 302. nondisclosure of port security plans

       Section 302 of the Senate bill amends section 7 of the 
     Ports and Waterways Safety Act, as amended (33 U.S.C. 1226), 
     to exempt information regarding passenger vessels or terminal 
     security plans established by the Coast Guard from the public 
     disclosure requirements of any law. Currently, airline and 
     security plans developed by the Federal Aviation 
     Administration are exempt from disclosure under the Freedom 
     of Information Act. Section 302 of this bill extends the same 
     degree of protection to Coast Guard security plans for 
     passenger vessels and terminals to ensure that safety and 
     security are not compromised at these facilities.
       Section 306 of the House amendment contains a provision 
     identical to the Senate bill.
       The Conference substitute adopts the Senate provision.


 section 303. maritime drug and alcohol testing program civil penalty.

       Section 3034 of the Senate bill amends chapter 21 of title 
     46, United States Code, to provide for a civil penalty of not 
     more than $1,000 per day for marine employees who violate the 
     Coast Guard's chemical testing regulations.
       Section 307 of the House amendment is similar to the Senate 
     provision.
       The Conference substitute adopts the Senate provision.


                section 304. renewal of advisory groups

       Section 304 of the Senate bill amends sections 18 and 19 of 
     the Coast Guard Authorization Act of 1991 (Public Law 102-
     241, 105 Stat. 2208-2235) to extend the termination dates for 
     the Houston-Galveston Navigation Safety Advisory Committee 
     and the Lower Mississippi River Waterway Advisory Committee 
     until September 30, 2000. This section also amends section 
     5(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 
     2073) and section 4508(e)(1) of title 46, United States Code, 
     to extend the termination dates for the Navigation Safety 
     Advisory Council and the Commercial Fishing Industry Vessel 
     Advisory Committee, respectively, until September 30, 2000. 
     The section further extends the Towing Safety Advisory 
     Committee until September 30, 2000.
       Sections 303, 304, 305, and 311 of the House amendment also 
     extend the termination dates for these organizations. The 
     House amendment amends section 5(d) of the Inland 
     Navigational Rules Act of 1980 (33 U.S.C. 2073) to change the 
     name of the Rules of the Road Advisory Council to the 
     Navigational Safety Advisory Council.
       The Conference substitute adopts the Senate provision with 
     the House provision related to the Navigation Safety Advisory 
     Council. The substitute also extends the statutory authority 
     for the National Boating Safety Advisory Council until 
     September 30, 2000.


        section 305. electronic filing of commercial instruments

       Section 305 of the Senate bill amends section 31321(a) of 
     title 46, United States Code, to allow the public to file a 
     bill of sale, conveyance, mortgage, assignment, or related 
     instrument with the Coast Guard electronically. Under the 
     amendments made by this section, the original instrument must 
     be provided to the Secretary of Transportation within 10 days 
     after the electronic transfer.
       Section 403 of the House amendment is identical to the 
     Senate provision.
       The Conference substitute adopts the Senate provision.


                      section 306. civil penalties

       Section 306(a) of the Senate bill amends section 6103(a) of 
     title 46, United States Code, to increase the civil penalty 
     against an owner, charterer, managing operator, agent, 
     master, or individual in charge of a vessel for failure to 
     report a vessel casualty from $1,000 to not more than 
     $25,000. Section 306(b) amends section 8906 of title 46, 
     United States Code, to increase the civil penalty against an 
     owner, charterer, managing operator, agent, master, or 
     individual in charge of a vessel operated in violation of 
     small vessel operator licensing requirements, from $1,000 to 
     not more than $25,000.
       Section 309 of the House amendment is identical to the 
     Senate provision.
       The Conference substitute adopts the Senate provision.


      section 307. amendment to require epirbs on the great lakes

       Section 307 of the Senate bill amends paragraph 7 of 
     section 4502(a) of title 46, United States Code, to require 
     uninspected commercial fishing vessels operating beyond three 
     nautical miles from the coastline of the Great Lakes to carry 
     emergency position indicating radio beacons (EPIRBS).
       Section 310 of the House amendment is identical to the 
     Senate provision.
       The Conference substitute adopts the Senate provision.


              section 308. report on loran-c requirements

       Section 308 of the Senate bill requires the Secretary of 
     Transportation, in consultation with users of the LORAN-C 
     radio navigation system, to submit a report on the future use 
     of and funding for operations, maintenance, and upgrades of 
     the LORAN-C radionavigation system as satellite based 
     technology becomes the sole means of safe and efficient 
     navigation.
       This section specifically requires the Secretary to address 
     several issues in the report. These include determining an 
     appropriate timetable for transitioning from ground-based 
     radio navigation technology, and the possible need for all 
     agencies in the Department of Transportation, as well as 
     other government beneficiaries, to share in the Federal 
     government's costs related to LORAN-C technology.
       Section 415 of the House amendment is similar to the Senate 
     provision.
       The Conference substitute adopts the Senate provision. The 
     LORAN-C radionavigation system has been operated as a cost-
     effective, proven, reliable system for millions of marine and 
     other users over the years which provides an important 
     enhancement to user safety. In recent years, numerous steps 
     have been taken to emphasize that the Coast Guard and other 
     agencies in the Department of Transportation should take 
     advantage of the compatibility of LORAN with GPS technology 
     so that the substantial investment made by users can continue 
     to be utilized until satellite technology is available as a 
     sole means of navigation. The Conferees have heard from every 
     segment of the LORAN user community, expressing strong 
     support for continued funding and upgrade of the LORAN 
     infrastructure. Therefore, the Conferees have included a 
     provision requiring the Secretary within 180 days to provide 
     a plan for the future funding and upgrade of the Loran system 
     and infrastructure.


                    section 309. small boat stations

       Section 309 in the Senate bill prohibits the Secretary of 
     Transportation from closing any Coast Guard multi-mission 
     small boat station or subunit before October 1, 1996. Section 
     309 prohibits the Coast Guard from closing any Coast Guard 
     small boat station or subunit after October 1, 1996 unless he 
     certifies that the closure will not result in the degradation 
     of services that would cause a significantly increased threat 
     to life, property, the environment, public safety, or our 
     national security. The Secretary must also notify the public 
     of the intended closure, make available to the public 
     information used in making the determination and assessment 
     under this section, and provide an opportunity for public 
     meetings and written comments about the closure.
       Section 104 of the House amendment prohibits the closure of 
     Coast Guard multimission small boat stations unless the 
     Secretary of Transportation determines that maritime safety 
     will not be diminished by the closures.
       The Conference substitute also adds a new section 673 to 
     title 14, United States Code, which requires that Coast Guard 
     small boat stations maintain at least one vessel capable of 
     performing off-shore rescue operations.
       The Conference substitute adds a new section 674 to title 
     14, United States Code, which prevents the Secretary of 
     Transportation closing a Coast Guard multi-mission small boat 
     station unless the Secretary determines that the remaining 
     search and rescue capabilities maintain the safety of the 
     maritime public in the area of the station or subunit. The 
     Secretary must also determine that the regional or local 
     prevailing weather and marine conditions, including water 
     temperature or unusual tide and current conditions, do not 
     require continued operation of the search and rescue station. 
     The Secretary must further determine that the Coast Guard 
     search and rescue standards related to search and rescue 
     response times are met. The Secretary must provide an 
     opportunity for public comment and meetings in regard to any 
     proposed station closure.


     section 310. penalty for alteration of marine safety equipment

       Section 310 of the Senate bill broadens section 3318 of 
     title 46, United States Code, to classify as a felony the 
     knowing alteration of lifesaving, fire fighting, and other 
     marine safety equipment, if the alteration results in 
     equipment that is insufficient to accomplish the purpose for 
     which it is intended.
       The House amendment contains no comparable provision.
       The Conference substitute adopts the Senate bill with an 
     amendment establishing a criminal penalty applicable 
     commercial alteration or serving which intentionally renders 
     the equipment unsafe and unfit for the purpose for which it 
     is intended.


section 311. prohibition on overhaul, repair, and maintenance of coast 
                   guard vessels in foreign shipyards

       Section 311 of the Senate bill amends chapter 5 of title 
     14, United States Code, to require that all non-emergency 
     repairs of

[[Page H11514]]

     Coast Guard vessels be conducted in shipyards located in the 
     United States. This provision is similar to the current 
     restrictions on the repair of U.S. Navy vessels.
       The House amendment contains no comparable provision.
       The Conference substitute amends the Senate provision to 
     exempt voyage repairs and vessels that are home ported 
     outside a U.S. State from this section.


section 312. withholding vessel clearance for violation of certain acts

       Section 312 of the Senate bill authorizes the Secretary of 
     the Treasury, at the request of the Secretary of 
     Transportation, to refuse or revoke a vessel's clearance, 
     when that vessel is liable, or reasonable cause exists to 
     believe that the vessel is liable, to the United States 
     Government for certain civil or criminal penalties. Under the 
     amendments made by this section, the Secretary of the 
     Treasury may grant a clearance previously refused or revoked 
     only if the owner of the vessel obtains a bond or other 
     surety satisfaction to the Secretary of Transportation to 
     cover the amount of the potential fine or penalty assessment.
       Section 312(a) amends section 5122 of title 49, United 
     States Code, to authorize the Secretary of Treasury to refuse 
     or revoke a vessel's clearance for violations of chapter 51 
     of title 49, United States Code, formerly the Hazardous 
     Materials Transportation Act. Chapter 51 of title 49 applies 
     to all vessels that transport, ship, maintain, or manufacture 
     hazardous materials in waters subject to the jurisdiction of 
     the United States.
       Section 312(b) amends section 13(f) of the Ports and 
     Waterways Safety Act (33 U.S.C. 1232(f)) to authorize the 
     Secretary of the Treasury to refuse or revoke a vessel's 
     clearance for violations of that Act. The Ports and Waterways 
     Safety Act promotes port and merchant vessel safety through 
     the establishment of vessel traffic service systems and the 
     requirement to carry certain navigation equipment abroad 
     vessels in waters subject to the jurisdiction of the United 
     States.
       Section 312(c) amends section 4(d) of the Inland 
     Navigational Rules Act of 1980 (33 U.S.C. 2072(d)) to 
     authorize the Secretary of the Treasury to refuse or revoke a 
     vessel's clearance for violations of that Act. The Inland 
     Navigational Rules Act governs the ``rules of the road'' for 
     vessel navigation for the various inland, Great Lakes, and 
     Western Rivers waters.
       Section 312(d) amends section 3718(e) of title 46, United 
     States Code, to authorize the Secretary of Treasury to refuse 
     or revoke a vessel's clearance for violations of chapter 37 
     of title 46, United States Code, governing the carriage of 
     liquid bulk dangerous cargoes in the navigable waters or a 
     port of place subject to the jurisdiction of the United 
     States.
       Section 308 of the House amendment is identical to the 
     Senate provision.
       The Conference substitute adopts the Senate provision.


          SECTION 313. INFORMATION BARRED IN LEGAL PROCEEDINGS

       The Senate bill contains no comparable provision.
       Section 414 of the House amendment adds a new section to 
     chapter 63 of title 46, United States Code, to limit the use 
     of certain portions of formal and informal marine casualty 
     investigations in civil judicial, administrative, and state 
     criminal proceedings unless the Secretary of Transportation 
     consents to releasing the report. The section would also 
     prohibit any employee of the United States or member of the 
     Coast Guard investigating a marine casualty or assisting in 
     any such investigation being subject to deposition or other 
     discovery, or to otherwise testify or give information in 
     such proceedings relevant to a marine casualty investigation 
     without the consent of the Secretary. New section 6308 also 
     clarifies that the restriction on the use of the portions of 
     investigations is not an admission of liability by the United 
     States or by a person referred to in the investigation.
       Although there are certain statutory and discovery 
     provisions that presently protest parts of an investigation 
     from use in civil and state criminal proceedings, there is no 
     statutory prohibition on the use of opinions, 
     recommendations, deliberations, and conclusions contained in 
     marine casualty investigation reports.
       The Conference substitute alters the House provision to 
     completely prohibit a report of a Coast Guard marine casualty 
     investigation from being admissible as evidence or subject to 
     discovery in any civil or administrative proceedings, other 
     than an administrative proceeding initiated by the United 
     States. The substitute also prohibits any employee of the 
     United or member of the Coast Guard investigating a marine 
     casualty from being subject to deposition or other discovery 
     without the permission and consent of the Secretary of 
     Transportation. The Secretary may not withhold permission for 
     the employee or member to testify on solely factual matters 
     where the information is not available elsewhere.


                 SECTION 314. MARINE CASUALTY REPORTING

       Section 503(a) of the Senate bill requires the Coast Guard 
     to submit a plan to Congress to increase the reporting of 
     vessel accidents to appropriate state law enforcement 
     officials.
       Section 503(b) amends section 6130(a) of title 46, United 
     States Code, to establish a $1,000 civil penalty for an 
     owner, charterer, operator, agent, master, or individual in 
     charge of a vessel who has failed to submit a marine casualty 
     report to state authorities as required under existing law.
       The House amendment contains no comparable provision.
       The Conference adopts the Senate provision.

                    Title IV--Coast Guard Auxiliary


        SECTION 401. ADMINISTRATION OF THE COAST GUARD AUXILIARY

       Section 401 of the Senate bill amends section 821 of title 
     14, United States Code, to establish an organizational 
     structure for the Coast Guard Auxiliary and to designate the 
     Auxiliary as an ``Instrumentality of the United States'' only 
     with respect to acts or omissions committed by Auxiliary 
     members performing a Coast Guard function or operation 
     authorized by the Commandant of the Coast Guard, under 
     section 822 of title 14, United States Code. Instrumentality 
     status will allow the U.S. Government to provide legal 
     representation and indemnification for the Auxiliary in 
     litigation in which the Auxiliary is a defendant.
       Instrumentality status will also protect Auxiliary assets 
     and members from liability in the event of alleged tortious 
     conduct committed by members while acting within the scope of 
     their official duties. The liability protection provided to 
     the Auxiliary under this section is for noncontractual civil 
     tort liability.
       Section 401 of the Senate bill also authorizes the national 
     board of the Auxiliary, Auxiliary districts, and regions of 
     the Auxiliary to incorporate under state law in accordance 
     with policies established by the Commandant. The ability to 
     incorporate will allow the Auxiliary's national board to 
     manage its finances more effectively and to hold auxiliary 
     copyrights, trademarks, and title to property used by the 
     Auxiliary in performing its missions. Regional or district 
     corporations may be formed under this section only for the 
     purpose of holding property for Auxiliary use. Corporations 
     formed under this authority are not considered 
     instrumentalities of the United States.
       Section 801 of the House amendment is similar to the Senate 
     provision.
       The Conference substitute adopts the House provision.


           section 402. purpose of the coast guard auxiliary

       Section 402 of the Senate bill provides that the purpose of 
     the Coast Guard Auxiliary is to assist the Coast Guard as 
     authorized by the Commandant, in performing any Coast Guard 
     function, power, duty, role, mission, or operation authorized 
     by law. As the functions and operations of the Coast Guard 
     expand in future years, the Auxiliary will have the 
     flexibility to act in support of Coast Guard operations, 
     under the direction of the Commandant. Future uses of the 
     Coast Guard Auxiliary may include the establishment and 
     support of marine safety and security zones; port and harbor 
     patrols; parade and regatta patrols; pollution patrols; 
     transportation of Coast Guard personnel for mission support; 
     training support; and other support missions authorized by 
     the Commandant.
       Section 802 of the House amendment is similar to this 
     provision.
       The Conference substitute adopts the House provision.


             section 403. members of the auxiliary; status

       Seciton 403 of the Senate bill clarifies the status of 
     individual members of the Coast Guard Auxiliary, and affords 
     an Auxiliarist, while acting within the scope of official 
     duties, the same degree of protection from legal liability as 
     is provided to Coast Guard personnel. Under section 403, 
     Auxiliary members are considered Federal employees for 
     limited purposes, and are protected under the Federal Tort 
     Claims Act (28 U.S.C. 2671 et seq.) from the claims of a 
     third party who is allegedly harmed by the Auxiliary member 
     while the member is acting within the scope of official 
     duties.
       Section 803 of the House amendment is similar to the Senate 
     provision.
       The Conference substitute adopts the Senate provision.


           SECTION 404. ASSIGNMENT AND PERFORMANCE OF DUTIES

       Section 404 of the Senate bill deletes the antiquated term 
     ``specific duties'' from sections 830, 831, and 832 of title 
     14, United States Code.
       Section 804 of the House amendment is similar to the Senate 
     provision.
       The conference substitute adopts the House provision.


SECTION 405. COOPERATION WITH OTHER AGENCIES, STATES, TERRITORIES, AND 
                         POLITICAL SUBDIVISIONS

       Section 405 of the Senate bill allows the Commandant to 
     prescribe conditions under which the Coast Guard Auxiliary 
     may assist the States, when requested by proper State 
     authorities. Assistance provided under this section may 
     include supporting and augmenting state safety and security 
     patrols for boat parades, regattas, and other special 
     waterborne events.
       Section 805 of the House amendment is similar to the Senate 
     provision.
       The Conference substitute adopts the House provision.


                SECTION 406. VESSEL DEEMED PUBLIC VESSEL

       Section 406 of the Senate bill clarifies that an Auxiliary 
     vessel, while assigned to authorized Coast Guard duty, is 
     deemed to be a public vessel of the United States and a 
     vessel of the Coast Guard within the meaning of

[[Page H11515]]

     sections 646 and 647 of title 14, United States Code, and 
     other applicable provisions of law, for purposes of resolving 
     third-party claims for damage.
       Section 806 of the House amendment is similar to the Senate 
     provision.
       The Conference substitute adopts the House provision.


              SECTION 407. AIRCRAFT DEEMED PUBLIC AIRCRAFT

       Section 407 of the Senate bill clarifies that an Auxiliary 
     aircraft, while assigned to authorized Coast Guard duty, is 
     deemed to be a Coast Guard aircraft, a public aircraft of the 
     United States, and an aircraft of the Coast Guard for 
     purposes of resolving third-party claims for damage. This 
     section also deems Auxiliary pilots to be Coast Guard pilots 
     while assigned to Coast Guard duty.
       Section 807 of the House amendment is similar to the Senate 
     provision.
       The Conference substitute adopts the House provision.


               section 408. disposal of certain material

       Section 408 of the Senate bill allows the Auxiliary to 
     acquire directly obsolete or other material that is not 
     needed by the Coast Guard, in those states where 
     unincorporated associations may do so, or indirectly, through 
     a corporation formed for purposes of acquiring, owning, and 
     disposing of property.
       Section 808 of the House bill is similar to the Senate 
     provision.
       The Conference substitute adopts the House provision.

                 Title V--Deepwater Port Modernization

       Title V of the Senate bill contains provisions to: (1) 
     ensure funding for state recreational boating safety grants; 
     (2) improve boating access; and (3) establish age 
     requirements for personal flotation devices.
       The House amendment contains no comparable provision.
       The Conference substitute includes the Deepwater Port 
     Modernization Act with the following provisions:


                        section 501. short title

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       Section 501 of the Conference substitute provides that this 
     title shall be cited as ``The Deepwater Port Modernization 
     Act''.


            section 502. declarations of purpose and policy

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute states that this provision's 
     overall purpose is to promote greater construction and use of 
     deepwater ports by improving the statutory and regulatory 
     framework under which deepwater ports operate. This title 
     streamlines governmental regulations so as to address 
     legitimate public concerns, including safety and minimizing 
     risks to the environment, without subjecting deepwater ports 
     to unduly burdensome, unnecessary or duplicative regulations 
     or licensing provisions.


                        section 503. definitions

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute amends certain definitions in the 
     Deepwater Ports Act of 1974 (DWPA) (33 U.S.C. 1502 et seq.).


                         Section 504. licenses

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute restructures the current three-
     tiered approach of licensing, operations manuals, and 
     regulations into an approach that relies on licenses and 
     operations manuals. However, the provision preserves the use 
     of regulations for basic standards and conditions.


                    section 505. information filings

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute amends the procedural provisions 
     of the DWPA to authorize the Secretary of Transportation to 
     waive, under certain circumstances, informational filing 
     requirements for applications under the Act.


                     section 506. antitrust review

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute repeals certain provisions in the 
     DWPA that impose antitrust review requirements that are in 
     addition to existing antitrust laws and requirements.


                         section 507. operation

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute clarifies provisions in the DWPA 
     relating to common carrier status and prohibitions against 
     discriminatory acceptance, transport, or conveyance of oil.


  section 508. marine environmental protection and navigational safety

       The Senate will contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute amends the regulatory structure 
     under which deepwater ports operate, including the 
     relationships between regulations and operations manuals.

                Title VI--Coast Guard Regulatory Reform


                        section 601. short title

       Section 601 of the Senate bill states that this title may 
     be cited as the ``Coast Guard Regulatory Reform Act of 
     1995''.
       Section 501 of the House amendment is identical to the 
     Senate provision.
       The Conference substitute adopts the Senate provision.


                     section 602. safety management

       Section 602 of the Senate bill adds a new chapter 32 to 
     title 46, United States Code, to authorize the Secretary of 
     Transportation to prescribe regulations regarding shipboard 
     and shorebased management of vessels and personnel. This 
     authority would include conducting examinations and requiring 
     the maintenance of records. The purpose of this section is to 
     implement the International Safety Management (ISM) Code. 
     This agreement, which the United States Government has 
     signed, requires owners of vessels engaged in foreign 
     commerce to manage their vessels in a safe manner. The 
     Secretary currently lacks legal authority to require adoption 
     and use of the ISM Code by the owners and operators of U.S.-
     flag vessels.
       Section 502 of the House amendment is identical to the 
     Senate provision.
       The Conference substitute adopts the Senate provision.


 section 603. use of reports, documents, records, and examinations of 
                             other persons

       Section 603 of the Senate bill adds a new section 3103 to 
     title 46, United States Code. This new section will allow the 
     Secretary to use reports, documents, and certificates issued 
     by persons that the Secretary decides may be relied on to 
     inspect, examine, or survey vessels.
       Section 503 of the House amendment is identical to the 
     Senate provision.
       The Conference substitute adopts the Senate provision.


                    section 604. equipment approval

       Section 604 of the Senate bill amends section 3306 of title 
     46, United States Code, concerning vessel inspection 
     regulations and equipment and material approvals. Subsection 
     (b)(1) contains the same language as the current section 
     3306(b), except that the language has been broadened to 
     specifically include material subject to regulation. This 
     term is added for clarification only.
       Section 504 of the House amendment is identical to the 
     Senate provision.
       The Conference substitute adopts the Senate provision.


                  section 605. frquently of inspection

       Section 605 of the Senate bill amends section 3307(l) of 
     title 45, United States Code, to clarify its purpose and to 
     change the period of validity for certificates of inspection 
     from two to five years. No practical changes will result with 
     respect to inspection and examinations that are the basis for 
     issuing the certificates of inspection.
       Section 505 of the House amendment is identical to the 
     Senate provision.
       The Conference substitute adopts the Senate provision.


                 section 606. certificate of inspection

       Section 606 of the Senate bill eliminates the prohibition 
     of a vessel owner from scheduling an inspection for a vessel 
     more than 60 days in advance of the inspection. This change 
     will allow shipowners to request inspections more than 60 
     days prior to the expiration of the current certificate of 
     inspection.
       Section 506 of the House amendment is identical to the 
     Senate provision.
       The Conference substitute adopts the Senate provision.


  SECTION 607. DELEGATION OF AUTHORITY OF SECRETARY TO CLASSIFICATION 
                               SOCIETIES

       Section 607 of the Senate bill amends section 3316 of title 
     46, United States Code, concerning the use of classification 
     societies to inspect vessels. Currently, section 3316 limits 
     delegations to the American Bureau of Shipping (ABS) ``or a 
     similar United States classification society.'' Since there 
     is no similar U.S. classification society, there is, in 
     effect, no delegation under this section other than to ABS.
       Section 507 of the House amendment is identical to the 
     Senate provision.
       The Conference substitute adopts the Senate provision.

             Title VII--Technical and Conforming Amendments


           SECTION 701. AMENDMENT OF INLAND NAVIGATION RULES

       Section 701 of the Senate bill adopts the Navigation Safety 
     Advisory Council's (NAVSAC) recommendations for changing a 
     number of the Inland Navigational Rules (Inland Rules) (33 
     U.S.C. 2001-2071). These changes to the Inland Rules help 
     clarify ambiguities in the practical application of the 
     Rules, as well as to bring them into closer conformity with 
     the International Regulations of Preventing Collisions at Sea 
     (COLREGS), (33 U.S.C. 1602). The Coast Guard agrees with the 
     recommendations of NAVSAC and has proposed amendments to 
     Inland Rules 9, 15, 23, 24, 26, and 34.
       Section 701 of the House amendment is identical.

[[Page H11516]]

       The Conference substitute adopts the Senate provision.


    sections 702-744. Establishment of alternate convention tonnage

       Section 702-744 of the Senate bill authorize the Secretary 
     of Transportation to establish alternate International 
     Tonnage Convention (ITC) tonnage requirements for the 
     purposes of statutes that contain vessel tonnage thresholds. 
     Tonnage thresholds in existing statutes are based on the 
     regulatory measurement system under chapter 145 of title 46, 
     United States Code, which allows vessel designers to use 
     tonnage reduction techniques to artificially lower the 
     tonnage of a vessel. Since the ITC measurement system, 
     implemented under chapter 143 of title 46, United States 
     Code, became effective for the United States on July 18, 
     1984, statutory tonnage limits have not been revised to 
     reflect the higher tonnages that often result when a vessel 
     is measured under the ITC system. The availability of 
     alternate ITC tonnages established by the Secretary will 
     discourage vessel designers and operators from using the 
     regulatory measurement system to comply with existing 
     statutory and regulatory requirements to maintain their 
     competitive viability. Alternate ITC tonnages will give the 
     maritime industry the flexibility to build and operate 
     vessels. Alternate tonnages will also enable U.S. vessel 
     designers and operators to be competitive in the 
     international market.
       Sections 702 through 744 authorize the Secretary of 
     Transportation to establish alternate ITC tonnage thresholds 
     for the purposes of each of the statutes amended. Under the 
     amendments made by these sections, vessel owners have the 
     option to measure their vessels under the new ITC tonnage 
     system or the regulatory system. The Committee expects that 
     owners of many existing vessels, and virtually all owners of 
     vessels constructed in the future, will exercise this option, 
     leading ultimately to the demise of the antiquated regulatory 
     measurement system. However, the amendments made by sections 
     702-744 do not effect the option of an ``existing vessel'' as 
     defined in section 14101(2) of title 46, United States Code, 
     to retain its regulatory tonnage measurement as provided in 
     section 14301(d) of that title.
       Finally, sections 702-744 authorize the Secretary to 
     establish an alternate regulatory tonnage for the purposes of 
     statutes enacted after July 18, 1994, that apply the ITC 
     system. Alternate regulatory tonnages must be established to 
     allow vessels entitled to use the regulatory tonnage 
     measurement system to comply with laws enacted after July 18, 
     1994.
       Sections 702-744 of the House amendment are similar to the 
     Senate provisions.
       The Conference substitute adopts the Senate provisions with 
     several amendments.
       The Conferees have included a sentence in proposed section 
     14104(b) of title 46, U.S. Code, that states that the 
     regulations prescribing alternate tonnages would be 
     interpretative regulations. The Conferees consider them to be 
     interpretative in that the action the Coast Guard is required 
     to take under this section is to interpret what the threshold 
     tonnage for application of the current shipping laws to a 
     class of vessels, which is currently based on regulatory 
     tonnage, would be under the International Tonnage Convention 
     (ITC). Because these regulations would be interpretative, 
     under the Administrative Procedure Act (APA) (5 U.S.C. 551 et 
     seq.), the notice of proposed rulemaking and comment 
     requirements and the 30 day effective date delay of section 
     553 of the APA would not be required. Therefore the Conferees 
     believe that these interpretative regulations should be able 
     to be prescribed expeditiously.


    section 745. convention tonnage for licenses, certificates, and 
                               documents

       Section 745 of the Senate bill amends chapter 75 of title 
     46, United States Code, by adding a new section 7506 to 
     authorize the Secretary to evaluate the service of an 
     individual applying for a license, certificate of registry, 
     or merchant mariners document based on the size of the vessel 
     on which the individual served as measured under the 
     International Tonnage Convention (chapter 143, title 46, 
     United States Code). Eligibility of individuals for licenses, 
     certificates of registry, and merchant mariners' documents 
     issued by the Secretary is based, in part, on the size of the 
     vessel on which the individual has experience.
       Section 747 of the House amendment is identified to the 
     Senate provision.
       The Conference substitute adopts the Senate provision.


                   section 746. technical corrections

       Section 746 of the Senate bill is a technical amendment to 
     chapter 121 and corrects two misspelled words in chapter 131 
     of title 46, United States Code.
       Section 745 of the House amendment is similar to the Senate 
     provision.
       The Conference substitute adopts the Senate provision, with 
     an amendment regarding the FMC's authority over cruise ship 
     bonding regulations. Public Law 89-777, 80 Stat 1356 
     (November 6, 1966) requires the owners or charterers of 
     certain passenger vessels to establish their financial 
     responsibility for death or injury to passengers or for 
     nonperformance of a voyage. Section 2(d) of Pub. L. 89-777 
     states in part:

       The provisions of the Shipping Act, 1916, shall apply with 
     respect to proceedings conducted by the Commission under this 
     section.

     Consequently, since 1966, the Federal Maritime Commission has 
     used provisions of the Shipping Act, 1916 (``1916 Act'') to 
     administer its responsibilities under Pub. L. 89-777, 
     including enforcement of the bond requirements. However, 
     recent legislative changes to the Interstate Commerce 
     Commission (``ICC'') may have inadvertently affected the 
     FMC's ability to continue to employ the 1916 Act to conduct 
     proceedings under Pub. L. 89-777. The Conference substitute 
     corrected this by allowing the 1984 Act authority to be used 
     in lieu of the identical 1916 Act authority.


        section 747. technical corrections to references to icc

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute amends section 27 of the Merchant 
     Marine Act, 1920, to replace the reference to the 
     ``Interstate Commerce Commission'' with its successor, the 
     ``Surface Transportation Board.''

                    Title VIII--Pollution From Ships


            SECTION 801. PREVENTION OF POLLUTION FROM SHIPS

       Section 801 of the Senate bill amends section 6 of the Act 
     to Prevent Pollution from Ships (APPS) to require that the 
     Secretary of Transportation inspect waste reception 
     facilities prior to issuing a certificate of adequacy, and 
     would provide for automatic expiration of certificates after 
     five years, or sooner if there is a change in operator or if 
     the certificate is suspended or revoked. In addition, this 
     section would encourage public participation by making 
     available a current list of certificates of status at ports 
     and by requiring that ports post placards containing 
     telephone numbers where citizens can call to report 
     inadequate reception facilities.
       The House amendment has no comparable provision.
       The Conference substitute adopts the Senate provision.


       SECTION 802. MARINE PLASTIC POLLUTION RESEARCH AND CONTROL

       Section 802(a) of the Senate bill amends section 2201(a) of 
     the Marine Plastic Pollution Research and Control Act of 1987 
     (MPPRCA) (33 U.S.C. 1902 note) to extend indefinitely the 
     requirement that the Secretary report to Congress biennially 
     on compliance with MARPOL Annex V. This subsection would also 
     require that a list of enforcement actions taken against any 
     domestic or foreign ship pursuant to APPS be published in the 
     Register on an annual basis.
       Section 802(b) amends section 2203 of the MPPRCA to: (1) 
     establish a Marine Debris Coordinating Committee; and (2) 
     direct the Environmental Protection Agency and the National 
     Oceanic and Atmospheric Administration to use the marine 
     debris data collected under title V of MPPRCA to assist that 
     Committee in ensuring coordination of research, monitoring, 
     education, and regulatory actions and assist the Coast Guard 
     in assessing the effectivenes of MPPRCA and APPS.
       Section 802(c) amends section 2204(a) of MPPRCA, extending 
     indefinitely the authorization for cooperative public 
     outreach and educational programs. This subsection also 
     specifies activities that could be included in outreach 
     programs and would require that such programs provide the 
     public with information on how to report violations of the 
     MPPRCA and APPS. In developing these programs, the Committee 
     directs Federal agencies to consult with state or local 
     agencies that have direct contract with recreational and 
     commercial boaters. Finally, this subsection would authorize 
     the Coast Guard, the National Oceanic and Atmospheric 
     Administration, and the Environmental Protection Agency to 
     award grants and enter into cooperative agreements for 
     implementing public outreach programs.
       The House amendment has no comparable provision.
       The Conference substitute adopts the Senate provision.

                     Title IX--Towing Vessel Safety


   section 901. reduction of oil spills from non-self-propelled tank 
                                vessels

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute adopts an amendment regarding 
     towing vessels.


         section 902. requirement for fire suppression devices

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute adopts an amendment regarding 
     fire suppression devices.


   section 903. studies addressing various sources of oil spill risk

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute adopts an amendment regarding oil 
     spills.

                          Title X--Conveyances


                section 1001. conveyance of lighthouses

       Section 1001(a)(3)(A) of the Senate bill authorizes the 
     transfer of the Cape Ann Lighthouse and surrounding Coast 
     Guard property located on Thachers Island, Massachusetts, to 
     the Town of Rockport, Massachusetts.

[[Page H11517]]

     Section 1003 of the Senate bill authorizes the transfer of 
     the property comprising Squirrel Point Light located in 
     Arrowsic, Maine, to Squirrel Point Associates, Incorporated. 
     Section 1004 of this bill authorizes the transfer of the 
     property comprising Montauk Light Station located in Montauk, 
     New York, to the Montauk Historical Association. Finally, 
     Section 1005 of the Senate bill authorizes the transfer of 
     the property comprising Point Arena Light Station located in 
     Mendocino County, California to the Point Arena Lighthouse 
     Keepers, Incorporated. In making these transfers, the United 
     States would convey all right, title and interest, except 
     that the Coast Guard retains ownership of any historic 
     artifact. The conveyance of these properties is subject to 
     the condition that the properties are maintained in a manner 
     that ensures their present and future use for Coast Guard 
     aids to navigation and is consistent with the provisions of 
     the National Historic Preservation Act of 1996. In addition, 
     the Coast Guard continues to have access to the properties 
     for the operation and maintenance of aids to navigation.
       Section 424 of the House amendment authorizes the transfer 
     of the Cape Ann Lighthouse and section 423 of the House 
     amendment authorizes the transfer Montauk Light Station. The 
     conditions of transfer from the United States are similar to 
     the Senate provisions.
       Section 1001 of the Conference substitute combines all of 
     these House and Senate lighthouse transfers into one section. 
     The Conference substitute also transfers the Presque Isle 
     Light Station, Michigan, to Presque Isle Township, Presque 
     Isle County, Michigan, the Saint Helena Island Light Station 
     to the Great Lakes Lighthouse Keepers Association, and the 
     Cove Point Light Station to Calvert County, Maryland. The 
     conditions for the transfer of the property from the United 
     States are similar to the conditions of the Senate provision.


    section 1002. conveyance of certain lighthouses located in maine

       Section 1002 of the Senate bill authorizes the transfer of 
     lighthouse properties located in Maine to the Island 
     Institute in Rockland, Maine, and four lighthouse properties 
     located in Maine to the United States Fish and Wildlife 
     Service. In making the transfer of the 31 lighthouse 
     properties to the Island Institute, the United States would 
     convey all right, title and interest, except that the Coast 
     Guard would retain ownership of any historic artifact from 
     any of the 35 lighthouses transferred under this section. The 
     Island Institute is directed to further transfer 29 of the 31 
     lighthouse properties it receives from the Coast Guard to 
     eligible Federal agencies, Maine state or local government 
     entities, nonprofit corporations, educational agencies, or 
     community development organizations. The further conveyances 
     by the Island Institute would be subject to approval by the 
     Maine Lighthouse Selection Committee the members of which are 
     to be appointed by the Secretary. The conveyance of the 35 
     lighthouse properties would be subject to the condition that 
     the properties: (1) be used for educational, historic, 
     recreational, cultural, and wildlife conservation programs 
     for the general public and for other uses that the Secretary 
     of Transportation determines are not inconsistent; and (2) 
     are maintained in a manner that ensures their present and 
     future use for Coast Guard aids to navigation and is 
     consistent with the provisions of the National Historic 
     Preservation Act of 1966 (16 U.S.C. 470 et seq.). In 
     addition, the Coast Guard would continue to have access to 
     the properties for the operation and maintenance of aids to 
     navigation.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute amends the Senate proposal to 
     require that the Secretary of Transportation to transfer 30 
     Maine lighthouses to eligible entities recommended by the 
     Island Institute, and approved by a Selection Committee. The 
     lighthouses must be conveyed within two years of the Act's 
     enactment. The substitute further authorizes the transfer of 
     four lighthouses to the U.S. Fish and Wildlife Service and 
     two lighthouses directly to the Island Institute. The 
     substitute identifies eligible entities for receipt of the 30 
     lighthouses and establishes a Maine Lighthouse Selection 
     Committee to review and approve the lighthouse transfer 
     recommendations of the Island Institute. The terms of all the 
     lighthouse transfers are similar to the Senate provision's 
     terms of conveyance.


      section 1003. transfer of Coast Guard property in gosnold, 
                             massachusetts

       Section 1001(a)(3)(B) of the Senate bill authorizes the 
     transfer of the Coast Guard Cuttyhunk Boathouse and Wharf 
     property located in Gosnold, Massachusetts, to the Town of 
     Gosnold, Massachusetts. In making this transfer, the United 
     States would convey all right, title and interest, except 
     that the Coast Guard retains ownership of any historic 
     artifact. The conveyance of this property is subject to the 
     conditions listed in the Senate's section 1001, explained 
     above.
       Section 426 of the House amendment also authorizes the 
     transfer of the Coast Guard Cuttyhunk Boathouse and Wharf 
     property to the Town of Gosnold, Massachusetts. This section 
     would condition the conveyance to the Coast Guard retaining 
     the right of access to, over, and through the boathouse, 
     wharf, and land comprising the property at all times for the 
     purpose of berthing vessels. The Coast Guard also retains the 
     right of ingress to and egress from the property for purposes 
     of access to Coast Guard facilities and performance of Coast 
     Guard function.
       The Conference substitute adopts the House provision.


       section 1004. conveyance of property in ketchikan, alaska

       Section 1006 of the Senate bill transfers approximately \3/
     4\ of an acre of excess property in Ketchikan, Alaska, from 
     the United States to the Ketchikan Indian Corporation. The 
     property is adjacent to Ketchikan Hospital and will be used 
     by the Ketchikan Indian Corporation as the site for a new 
     health or social services facility. The property shall 
     transfer to the City of Ketchikan if, within 18 months the 
     Act's enactment, 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. The ownership of this property 
     reverts to the United States if the property ceases to be 
     used by the City of Ketchikan.
       Section 402 of the House amendment is similar to the Senate 
     provision.
       The Conference substitute adopts the Senate provision with 
     an amendment.


    section 1005. conveyance of property in traverse city, michigan

       Section 1007 of the Senate bill directs the Secretary of 
     Transportation to transfer approximately 27 acres of excess 
     property located in Traverse City, Michigan, from the Coast 
     Guard to the Traverse City Area Public School District. This 
     property will be used by the School District for athletic 
     fields. The ownership of this property reverts to the United 
     States if the Traverse City Area School District ceases to 
     use the property for the statutorily authorized purposes. The 
     United States shall continue to operate and maintain a pump 
     room located on the property for as long as it is needed by 
     the United States.
       Section 401 of the House amendment is similar to the Senate 
     provision.
       The Conference substitute adopts the Senate provision.


 section 1006. transfer of coast guard property in new shoreham, rhode 
                                 island

       Section 1008 of the Senate bill authorizes the Secretary of 
     Transportation to transfer approximately 10.7 acres of 
     property known as Coast Guard Station Block Island located on 
     Block Island, Rhode Island, to the Town of New Shoreham, 
     Rhode Island. The ownership of this property reverts to the 
     United States if the property, or any part of the property, 
     ceases to be used by the Town of New Shoreham, Rhode Island.
       Section 427 of the House amendment is similar to the Senate 
     provision.
       The Conference substitute adopts the Senate provision.


     section 1007. conveyance of property in santa cruz, california

       Section 1009 in the Senate bill authorizes the Secretary to 
     transfer the Coast Guard property located in Santa Cruz, 
     California, to the Santa Cruz Port District. In making this 
     transfer, the United States would convey all right, title and 
     interest. The conveyance of this property would be subject to 
     the conditions that: the property be available for joint use 
     by the Coast Guard and the Port District; the Port District 
     would be responsible for the cost of maintaining, operating, 
     and replacing the utility systems, buildings, and facilities; 
     the site be maintained as a nonprofit center for education, 
     training, administration, and other public service to include 
     use by the Coast Guard; and the site be returned to the 
     Secretary after 30 days notice that it is needed for national 
     security purposes.
       The House amendment has no comparable provision.
       The Conference substitute adopts the Senate provision.


         section 1008. conveyance of vessel s/s red oak victory

       Section 1010 of the Senate bill authorizes the Secretary to 
     transfer the National Defense Reserve Fleet (NDRF) vessel S/S 
     Red Oak Victory (Victory Ship VCS-AP2; U.S. Navy Hull No. 
     AK235) to the City of Richmond Museum Association, 
     Incorporated, located in Richmond, California. In making this 
     transfer, the United States would convey all right, title and 
     interest. The conveyance of this property would be subject to 
     the condition that: (1) the vessel be used for the purposes 
     of a monument to the wartime accomplishments of the City of 
     Richmond; (2) the vessel not be used for commercial 
     transportation purposes; (3) the recipient agrees to make the 
     vessel available to the government if the Secretary requires 
     the vessel for war or national emergency; (4) the recipient 
     agrees to hold the Federal government harmless for any claims 
     arising from exposure to asbestos after transfer of the 
     vessel, except for claims arising from use by the government 
     for war or national emergency; and (5) and the recipient has 
     available, for use to restore the vessel, in the form of 
     cash, liquid assets, or written loan commitment, financial 
     resources of at least $100,000.
       The conveyance, if made, would transfer the vessel in its 
     present condition, without any cost to the Federal 
     government, to the recipient. The Secretary also would be 
     authorized to transfer unneeded equipment from other NDRF 
     vessels to restore the vessel to museum quality. Finally, the 
     Secretary would be required to retain the vessel in the NDRF 
     for the earlier of two years

[[Page H11518]]

     from the date of enactment of the reported bill or until the 
     vessel is conveyed, whichever date is earlier.
       The House amendment has no comparable provision.
       The Conference substitute adopts the Senate provision with 
     an amendment.


                 section 1009. conveyance of equipment

       Section 1011 of the Senate bill conveys 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.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute adopts the Senate provision.


                    section 1010. property exchange

       Section 1012 of the Senate bill authorizes the Secretary of 
     Transportation to accept a property exchange within the 
     limits of the City and Borough of Juneau, Alaska, if the 
     Secretary determines that the exchange is in the best 
     interest of the Coast Guard.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute adopts the Senate provision.


  section 1011. authority to convey whitefish point light station land

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute authorizes the conveyance of a 
     portion of the land located at the United States Coast Guard 
     Whitefish Point Light Station to the Great Lakes Shipwreck 
     Historical Society. The remainder of the property is split 
     between the U.S. Fish and Wildlife Service and the Michigan 
     Audubon Society. For a description of the property to be 
     transferred, please refer to H.R. 2611, as introduced.


   section 1012. conveyance of parramore beach coast guard station, 
                                virginia

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute conveys the Parramore Beach Coast 
     Guard Station, Virginia, to the Nature Conservancy.


              section 1013. conveyance of jeremiah o'brien

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute authorizes the Secretary of 
     Transportation to convey the obsolete ship Jeremiah O'Brien 
     to a nonprofit corporation as a merchant marine memorial 
     museum. To assure the success of the museum, the recipient 
     must have an established track record of maintaining a 
     Liberty Ship for the public's life.

                        Title XI--Miscellaneous


                  section 1101. florida avenue bridge

       Section 1101 of the Senate bill deems the drainage siphon 
     adjacent to the Florida Avenue Bridge in New Orleans, 
     Louisiana, to be an appurtenance of the bridge, pursuant to 
     the Truman-Hobbs Act. In 1992, the Florida Avenue Bridge was 
     declared to be an ``unreasonable obstruction to navigation'' 
     under the Truman-Hobbs Act. Since that time, funds have been 
     appropriated by Congress to commence planning and engineering 
     for the replacement of the bridge.
       The Coast Guard has determined that the drainage siphon, 
     which is connected to the bridge's southern fender, must be 
     removed to widen the channel sufficiently and restore the 
     necessary navigability for commercial vessels on the Gulf 
     Intracoastal Waterway. By declaring the siphon an 
     appurtenance, its removal qualifies for funding under the 
     Truman-Hobbs Act.
       Section 302 of the House amendment is similar to the Senate 
     provision.
       The Conference substitute adopts the Senate provision. As a 
     result of the enactment of this provision, and the 
     appropriation of sufficient funds in the current Coast Guard 
     budget, the conferees expect that the Coast Guard will 
     initiate construction on the replacement Florida Avenue 
     Bridge as soon as possible in FY 97. The hazardous conditions 
     that exist as a result of the current bridge must be 
     rectified without delay in order to ensure the free flow of 
     commerce on the Industrial Canal in the Port of New Orleans.


               section 1102. oil spill recovery institute

       Section 1102 of the Senate bill authorizes the Prince 
     William Sound Oil Spill Recovery Institute (OSRI), which is 
     authorized under section 5001 of the Oil Pollution Act of 
     1990, to fund research using the interest earned on the $22.5 
     million it is authorized to spend from the Oil Spill 
     Liability Trust Fund, which was transferred from the Trans-
     Alaska Pipeline Fund in December of 1994.
       This section also scales back the size of the OSRI Advisory 
     Board from 18 members to 16 members.
       The House amendment has no comparable provision.
       The Conference substitute adopts the Senate provision with 
     amendments.


              section 1103. limited double-hull exemptions

       Section 1103 of the Senate bill amends section 3703a of 
     title 46, United States Code, to exempt certain vessels from 
     the double-hull construction requirements of the Oil 
     Pollution Act of 1990. This section exempts those double-
     hulled U.S.-flag vessels delivered before August 12, 1992, 
     from the OPA 90 double-hull requirements. This section also 
     exempts barges of less than 1,500 gross tons that are 
     primarily used to carry deck cargo and bulk fuel to Alaska 
     Native villages from the OPA 90 double-hull requirements. The 
     section also exempts vessels in the National Defense Reserve 
     Fleet from the double-hull requirements.
       Section 416 of the House amendment differs from the Senate 
     provision by exempting all vessels, not just U.S.-flag 
     vessels, equipped with a double-hull before August 12, 1992, 
     from the OPA 90 double-hull requirements. The House bill also 
     exempts Alaskan barges of less than 2,000 gross tons, rather 
     than 1,500 gross tons, from the OPA 90 double-hull 
     requirements.
       The Conference substitute adopts the Senate provision with 
     several amendments.


                SECTION 1104. OIL SPILL RESPONSE VESSELS

       Section 1104(a) of the Senate bill amends section 2101 of 
     title 46, United States Code, to define an ``oil spill 
     response vessel'' (OSRV) as a vessel that is designated in 
     its certificate of inspection as such a vessel, or that is 
     adapted to respond to a discharge of oil or a hazardous 
     material. Under the amendments made by this section, the 
     Coast Guard is required to establish a new regulatory system 
     for OSRVs.
       Section 1104(b) adds a new subsection (f) to section 3702 
     of title 46, United States Code, to exempt OSRVs from the 
     tank vessel requirements of chapter 37 of title 46, United 
     States Code. Section 1104(b) also divides OSRVs into two 
     distinct categories. The first category addresses dedicated 
     response vessels which are used only in spill response 
     related activities. These vessels are not certified for any 
     other type of service other than response. This category 
     includes barges which are not used for carriage of oil in 
     bulk as cargo and in some cases will never contain oil. There 
     is no tonnage limit in this category. The second category 
     recognizes that some vessels are dual-certified. This 
     category exempts vessels from tank vessel requirements only 
     when designated in the certificate for inspection as a 
     response vessel and only when actually engaged in spill 
     response related activities. This category is limited to 500 
     gross tons.
       Section 1104(c) and 1104(d) amend sections 8104 and 8301 of 
     title 46, United States Code, to authorize the Secretary of 
     Transportation to prescribe watch standing and licensing 
     requirements for OSRVs.
       Section 1104(e) amends the requirements for Merchant 
     Mariner's Documents (MMDs) under section 8701 of title 46, 
     United States Code, by providing the Secretary with the 
     flexibility to prescribe which, if any, individuals onboard 
     an OSRV should be required to hold an MMD.
       Section 1104(f) amends section 8905 of title 46, United 
     States Code, to clarify that a person licensed to operate 
     towing vessels should not be required to operate vessels 
     engaged in oil spill response or training activities. 
     Currently, section 8904 of title 46, United States Code, 
     requires that a towing vessel that is at least 26 feet in 
     length be operated by a licensed individual. These provisions 
     are not intended to apply to vessels towing in an emergency 
     or on an intermittent basis during oil spill response or 
     training.
       Section 1104(g)) amends section 3301 of title 46, United 
     States Code, to establish a new vessel inspection category 
     for OSRVs.
       Section 417 of the House amendment is similar to the Senate 
     provision.
       The Conference substitute adopts the Senate provision.


          SECTION 1105. SERVICE IN CERTAIN SUITS IN ADMIRALTY

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute corrects the service of process 
     provisions contained in the Suits in Admiralty Act, (46 App. 
     U.S.C. Sec. 742). Those provisions are different from the 
     service provision in Rule 4 of the Federal Rules of Civil 
     Procedure. Under the proposed amendments, the general service 
     of process procedures in Civil Rule 4 would apply to all 
     civil cases, including admiralty and non-admiralty cases.
       Section 742 was enacted before the Federal Rules of Civil 
     Procedure were adopted, and there is no apparent remaining 
     reason to treat suits in admiralty differently than other 
     civil actions. Rule 4(i) of the Federal Rules of Civil 
     Procedure currently governs service upon the United States in 
     all other civil cases.
       The Conference substitute deletes the service of process 
     provisions contained in the Suits in Admiralty Act, which are 
     different from the service provisions in Rule 4 of the 
     Federal Rules of Civil Procedure. The general service of 
     process procedures in Civil Rule 4 would apply to all civil 
     cases, including admiralty and non-admiralty cases.


              SECTION 1106. AMENDMENTS TO THE JOHNSON ACT

       Section 1106 of the Senate bill resolves a conflict between 
     certain Federal and state laws involving authorized gambling 
     aboard cruise vessels. Section 1106 amends section 5(b)(2) of 
     the Act of January 2, 1951 (15 U.S.C. 1175(B)(2)), commonly 
     referred to as the ``Johnson Act'', to prohibit a state from 
     regulating gambling in international waters during the 
     intrastate segment of a voyage that begins or ends in the 
     same state or U.S.

[[Page H11519]]

     possession and is part of a voyage to another state or 
     country. States may still regulate gambling in state waters, 
     on ``voyages to nowhere,'' and on other state voyages. The 
     section does not apply to a voyage within the boundaries of 
     the State of Hawaii.
       Section 408 of the House amendment is identical to the 
     Senate section 1106. In addition, section 425 of the House 
     amendment amends the Johnson Act to allow the State of 
     Indiana to permit gambling aboard vessels that begin voyages 
     within the territorial waters of Indiana and that do not 
     leave the territorial jurisdiction of that state.
       The Conference substitute adopts the House provision, with 
     an amendment that allows gambling on vessels which provide 
     sleeping accommodations for all of its passengers if the 
     vessel is on a voyage (or the segment of a voyage) that is of 
     at least 60 hours and that includes a stop in Canada or in a 
     State other than the State of Alaska and also includes stops 
     in at least 2 different ports in Alaska. The amendment only 
     applies to traditional cruises, not so called ``cruises to 
     nowhere''.


 section 1107. lower columbia river maritime fire and safety activities

       Section 1107 of the Senate bill authorizes the Secretary to 
     expend out of amounts appropriated for the Coast Guard for 
     fiscal year 1996 not more than $491,000 for lower Columbia 
     River marine, fire, oil, and toxic spill response 
     communications, training, equipment, and program 
     administration activities conducted by the Maritime Fire and 
     Safety Association.
       The House amendment contains no comparable provision.
       The Conference substitute authorizes $940,000 to complete 
     the activities of the Maritime Fire and Safety Association.


             SECTION 1108. OIL POLLUTION RESEARCH TRAINING

       Section 1108 of the Senate bill amends section 
     7001(c)(2)(D) of Oil Pollution Act of 1990 to allow research 
     and training to be conducted at the Center for Marine 
     Training and Safety in Galveston, Texas, which is Texas A&M 
     University facility. Currently, OPA 90 authorizes oil 
     pollution research and training on innovative oil pollution 
     technology to be conducted using, as appropriate, the 
     National Spill Control School in Corpus Christi, Texas, 
     another Texas A&M University facility.
       The House amendment contains no comparable provision.
       The Conference substitute adopts the Senate provision.


section 1109. limitation on relocation of houston and galveston marine 
                             safety offices

       Section 1109 of the Senate bill prohibits the Secretary of 
     Transportation from relocating the Coast Guard Marine Safety 
     Offices in Galveston, Texas, and Houston, Texas. Nothing in 
     this section prevents the consolidation of management 
     functions of these Coast Guard authorities.
       Section 421 of the House amendment prohibits the 
     consolidation and relocation of the Coast Guard Marine Safety 
     Offices in Galveston, Texas, and Houston, Texas.
       The Conference substitute adopts the Senate provision.


             section 1110. uninspected fish tender vessels

       Section 1110 of the Senate bill clarifies section 3302 of 
     title 46, United States Code, relating to the carriage of 
     cargo in uninspected fish-tender vessels providing service 
     outside the Aleutian trade geographic region. Section 
     3302(c)(3) of title 46, United States Code, permits 
     uninspected fish-tender vessels of not more than 500 gross 
     tons to carry: (1) cargo to or from a place in Alaska that 
     does not receive weekly common carrier service by water from 
     a place in the United States; or (2) cargo which is of the 
     type not accepted by that common carrier service. The Coast 
     Guard has interpreted this weekly common carrier test to 
     apply only to general cargo. Section 1110 applies the weekly 
     common carrier service test to all cargo which is of the type 
     accepted by common carriers. Such cargo includes frozen fish 
     products, canning components, cardboard, salt, and other 
     materials directly related to fishing or the preparation of 
     fish.
       The House amendment has no comparable provision.
       The Conference substitute adopts the Senate provision with 
     several amendments. The Conferees have sought to clarify the 
     law governing the carriage of cargo for hire by uninspected 
     fish tender vessels to ports in Alaska outside of the 
     Aleutian trade geographic region. The Conferees agree that 
     such uninspected vessels are to be limited to the carriage of 
     proprietary cargo and any cargo of a type not accepted by 
     common carriers to communities being served weekly by common 
     carriers, and a definition of ``proprietary cargo'' has been 
     provided in the statute. The Conferees understand that there 
     is at least one company in Alaska which owns both uninspected 
     tender vessels and a number of marine supply stores. These 
     vessels are currently being used to carry retail marine 
     supplies for the affiliated marine supply stores. The bill 
     language is drafted to permit the proprietary carriage of the 
     retail inventory for these affiliated marine supply stores by 
     the uninspected tender vessels.


            section 1111. foreign passenger vessel user fees

       Section 1111 of the Senate bill authorizes the Coast Guard 
     to collect user fees for the full cost of inspecting foreign 
     passenger vessels. Section 3303(b) of title 46, United States 
     Code, currently requires the Secretary of Transportation to 
     collect the same fees for the inspection of foreign passenger 
     vessels that a foreign country charges U.S. vessels at the 
     ports of that country. Because the United States currently 
     has no passenger vessels that call at foreign ports, the 
     Coast Guard is prohibited from charging foreign passenger 
     vessels fees to recover the costs of examining those vessels 
     in U.S. ports. Section 1111 of this bill strikes subsection 
     (b) of section 3303, title 46, United States Code, to allow 
     the Coast Guard to collect user fees for examining foreign 
     passenger vessels.
       Section 301 of the House amendment is similar to the Senate 
     provision.
       The Conference substitute adopts the Senate provision.


                  section 1112. coast guard user fees

       Section 1112 of the Senate bill sets upper limits on user 
     fees of $300 annually for small passenger vessels under 65 
     feet in length and $600 annually for passenger vessels 65 
     feet or longer. In addition, section 1112 exempts publicly-
     owned ferries these fees.
       Section 431 of the House amendment prohibits the Secretary 
     of Transportation from assessing or collecting a fee or 
     charge from any ferry vessel.
       The Conference substitute adopts the Senate provision with 
     a technical amendment.


                     section 1113. vessel financing

       Section 1113(a) of the Senate bill amends section 31322 of 
     title 46, United States Code, to broaden the categories of 
     persons eligible to be mortgagees for U.S.-flag vessels 
     without the approval of the Secretary.
       Section 1113(b) of the Senate bill amends section 31328 of 
     title 46, United States Code, to broaden the categories of 
     persons eligible to act as trustees for ship mortgage 
     purposes to include persons eligible to own a documented 
     vessel under chapter 121 of the title.
       Section 1113(c) of the Senate bill differs from section 
     409(d) of the House amendment in several important ways. The 
     Senate section eliminates the citizenship requirement for 
     leasing companies only when the leasing company is primarily 
     engaged in leasing or other financing transactions. Section 
     1113(c) further differs from the House amendment by not 
     allowing vessels with coastwise fishery endorsements from 
     using a foreign leasing agent.
       Section 409(a) of the House amendment amends section 31322 
     of title 46, United States Code, to eliminate all 
     restrictions on persons that may be a mortgagee for a U.S.-
     flag vessel. This amendment is intended to promote vessel 
     financing.
       Section 409(b) of the House amendment repeals section 31328 
     of title 46, United States Code, which provided for the 
     establishment of Westhampton Trusts. This section is no 
     longer needed since all restrictions on mortgagees have been 
     eliminated.
       Section 409(c) of the House amendment makes conforming 
     changes to section 9(c) of the Shipping Act, 1916, (46 App. 
     U.S.C. 808) to eliminate the need to obtain permission from 
     the Secretary before using a foreign mortgagees.
       Section 409(d) of the House amendment amends section 12106 
     of title 46, United States Code, to promote lease financing 
     for vessels engaged in the coastwise trade by eliminating 
     citizenship requirements for leasing companies. Currently, 
     there are no citizenship requirements on leasing companies 
     that finance vessels that have Great Lakes or Registry 
     endorsements. Section 409(d) will also allow these companies 
     to finance vessels that have coastwise endorsements.
       Section 409(d) amends section 12106 of title 46, United 
     States Code, to authorize the Secretary to issue coastwise 
     endorsements for vessels owned by any leasing company that is 
     eligible to own a documented vessel. However, if the leasing 
     company is not a U.S. citizen under section 2 of the Shipping 
     Act, 1916, the vessel may only be operated in the coastwise 
     trade if the vessel is operated under a demise charter to a 
     section 2 citizen for a period of at least three years. It is 
     expected that most of the charters will be long-term 
     charters. However, once the initial long-term charter has 
     expired, the leasing company may find it necessary to enter 
     into short-term charters until another long-term charter is 
     obtained. The lease agreement need not remain in effect for 
     the full three years if there is a default by the lessee or a 
     casualty or other event where the lease might be terminated 
     by the vessel owner or lessee prior to the expiration of that 
     period.
       The Secretary of Transportation may also authorize leases 
     for a period shorter than three years under appropriate 
     circumstances such as when a vessel's remaining useful life 
     would not support a lease of three years or to preserve the 
     use or possession of the vessel. The section also provides 
     that on termination of a demise charter, the coastwise 
     endorsement may be continued for a period not to exceed six 
     months on any terms and conditions that the Secretary may 
     prescribe. This will allow the leasing company to move the 
     vessel, maintain it, have it repaired, or layed-up, but does 
     not allow the vessel to be used in the coastwise trade since 
     it is not under a charter to a section 2 citizen.
       The Conference substitute adopts the House amendment with 
     several amendments. The provision also requires the 
     Department of Transportation to conduct a study on the 
     methods for leasing and financing of vessels operating in the 
     coastal trades of other countries and whether the laws of 
     other

[[Page H11520]]

     countries provide reciprocity for U.S. banks, leasing 
     companies or other financial institutions with respect to the 
     new leasing provisions in this section.
       In 1988, Congress began easing the restrictions on persons 
     that can be mortgagees for U.S.-flag vessels by eliminating 
     all restrictions on mortgagees for recreational vessels and 
     fishing industry vessels. Additionally, the Secretary of 
     Transportation was authorized to approve any other person to 
     be a mortgagee for vessels with coastwise and registry 
     endorsements.
       Section 1113(a) of the Conference substitute amends section 
     31322 of title 46, United States Code, to eliminate all 
     restrictions on persons that may be a mortgagee for a U.S.-
     flag vessel. This amendment is intended to promote vessel 
     financing. U.S. vessel owners should be able to obtain the 
     cheapest financing available anywhere in the world in the 
     same manner as their foreign competition without having to 
     get approval from the Secretary. In the past, U.S. operators 
     could obtain this financing by setting up a trust in a U.S. 
     bank. These trusts, called ``Westhampton Trusts,'' resulted 
     in additional costs to the U.S. vessel owners without giving 
     any real protection to the Government to control the vessel.
       Section 1113(b) repeals section 31328 of title 46, United 
     States Code, which provided for the establishment of 
     Westhampton Trusts. This section is no longer needed since 
     all restrictions on mortgagees have been eliminated.
       Section 1113(c) makes conforming changes to section 9(c) of 
     the Shipping Act, 1916 (46 App. U.S.C. 808) to eliminate the 
     need to obtain permission from the Secretary before using a 
     foreign mortgagee.
       Section 1113(d) of the Conference substitute amends section 
     12106 of title 46, United States Code, to promote lease 
     financing for vessels engaged in the coastwide trade by 
     eliminating citizenship requirements for leasing companies. 
     Lease financing has become a very common way to finance 
     capital assets in many industries, including the maritime 
     industry. Many vessel operators choose to acquire or build 
     vessels through lease financing instead of traditional 
     mortgage financing. Currently, there are no citizenship 
     requirements on leasing companies that finance vessels that 
     have registry endorsements. Section 1113(d) will also allow 
     these companies to finance vessels that have coastwise 
     endorsements.
       The overall purpose of section 1113(d) of the Conference 
     substitute is to eliminate technical impediments to using 
     various techniques for financing vessels operating in the 
     domestic trades. At the same time, the Conferees do not 
     intend to undermine a basic principle of U.S. maritime law 
     that vessels operated in domestic trades must be built in a 
     shipyard in the United States and be operated and controlled 
     by American citizens, which is vital to United States 
     military and economic security.
       Ownership of vessels endorsed with a coastwise endorsement 
     must reside either with a person who qualifies as an American 
     citizen under section 2 of the Shipping Act, 1916 946 App. 
     U.S.C. section 802), or with a person otherwise qualified 
     under 46 U.S.C. Sec. 12106. Current law permits oil spill 
     response vessels to be owned by non-profit entities which may 
     not meet the technical requirements for U.S. citizenship. 46 
     U.S.C. Sec. 12106(d).
       Section 1113(d) of the Conference substitute adds a new 
     subsection (e) to section 12106 which would permit a 
     coastwise endorsement for non-U.S. citizen vessel ownership 
     where (1) ownership is primarily a financial investment in 
     the vessel without the ability and intent to control the 
     vessel's operations by a person not primarily engaged in the 
     direct operation or management of vessels and (2) where the 
     owner has transferred to a qualified American citizen full 
     possession, control and command of the U.S. built vessel in a 
     demise charter and the demise charterer is considered the 
     owner pro hac vice during the charter term. It is intended 
     that banks, leasing companies or other financial institutions 
     qualify as owners of U.S.-flag vessels under this section 
     even if they have a vessel owning and operating affiliate so 
     long as the majority of the aggregate revenues of any such 
     group are not derived from the operation or management of 
     vessels by group members. Groups primarily engaged in the 
     operation or management of commercial foreign-flag vessels 
     used for the carriage of cargo for unrelated third parties 
     will not qualify under this section.
       Section 1113(d) of the Conference substitute amends section 
     12106 of title 46, United States Code, to authorize the 
     Secretary to issue coast wise endorsements for vessels owned 
     by any leasing company that is eligible to own a documented 
     vessel. However, if the leasing company is not a U.S. citizen 
     under section 2 of the Shipping Act, 1916, the vessel may 
     only be operated in the coast trade if the vessel is operated 
     under a demise charter to a section 2 citizen for a period of 
     at least three years. It is expected that most of the 
     charters will be long-term charters until another long-term 
     charter is obtained. The lease agreement need not remain in 
     effect for the full three years if there is a default by the 
     lessee or a casualty or other event where the lease might be 
     terminated by the vessel owner or lessee prior to the 
     expiration of that period.
       The Secretary may also authorize leases for a period 
     shorter than three years under appropriate circumstances such 
     as when a vessel's remaining useful life would not support a 
     lease of three years or to preserve the use of possession of 
     the vessel. The section also provides that on termination of 
     a demise charter, the coastwise endorsement may be continued 
     for a period not to exceed six months on any terms and 
     conditions that the Secretary may prescribe. This will allow 
     the leasing company to move the vessel, maintain it, have it 
     repaired, or layed-up, but does not allow the vessel to be 
     used in the coastwise trade since it is not under a charter 
     to a section 2 citizen.
       The Secretary shall establish as part of the vessel 
     documentation procedures administered by the Coast Guard, or 
     its successor, the necessary regulations to administer new 
     subsection (e) and the filing of demise charter, and any 
     amendments thereto, for vessels issued a coastwise 
     endorsement under this provision. Provision shall also be 
     made so that proprietary information contained in a demise 
     charter shall not be disclosed to the public under this new 
     subsection (e). The Coast Guard is directed to develop 
     regulations governing the filing of false certifications 
     under (e)(12)(C) with an application for documentation for a 
     coastwise endorsement of a U.S. built vessel. The Coast Guard 
     is also directed to conduct a study regarding reciprocity of 
     foreign leasing laws.


 section 1114. manning and watch requirements on towing vessels on the 
                              great lakes

       Section 1114 of the Senate bill amends section 8104 of 
     title 46, United States Code, to conform the manning 
     requirements for Great Lakes towing vessels to the 
     requirements for towing vessels operating in other parts of 
     the country. Section 1114(a) of this section amends section 
     8104(c) of title 46 to permit licensed individuals and seamen 
     aboard Great Lakes towing vessels to work no more than 15 
     hours in any 24-hour period, or more than 36 hours in any 72-
     hour period. Section 1114 also amends section 8104(e) of 
     title 46 to allow crewmen to work in both the deck and engine 
     departments of a towing vessel operating on the Great Lakes. 
     Finally, the section amends section 8104(g) of title 46, 
     United States Code, to allow the licensed individuals and 
     crewmembers aboard Great Lakes towing vessels to be divided 
     in two watches, rather than the current three watch 
     requirement.
       Section 419 of the House amendment is identical to the 
     Senate provision.
       The Conference substitute adopts the Senate provision.


            section 1115. Repeal of great lakes endorsements

       Section 1115 of the Senate bill corrects an error in the 
     Coast Guard Authorization Act of 1989 (Public Law 101-225) 
     which made technical changes to the Coast Guard vessel 
     documentation scheme. These changes reflect the conversion 
     from a system of separate and distinct types of documents 
     based on the use of the vessel to a system of multiple 
     endorsements for a particular trade or use. These changes 
     unintentionally added all of the requirements of the U.S. 
     coastwise trade (Jones Act) to all vessels operating on the 
     Great Lakes, even those only trading between the United 
     States and Canada. This section permits U.S.-flag vessels to 
     trade between the United States and Canada with a certificate 
     of documentation with a registry endorsement. However, a 
     vessel engaged in the coastwise trade or fisheries on the 
     Great Lakes must meet all the requirements necessary to 
     obtain coastwise or fisheries endorsements.
       Section 746 of the House amendment is similar to the Senate 
     provision.
       The Conference substitute adopts the Senate provision with 
     an amendment.


   section 1116. relief from united states documentation requirements

       Section 1116 of the Senate bill would authorize nine 
     specific vessels to be sold to a person that is not a citizen 
     of the United States and to be transferred or placed under 
     foreign registry, notwithstanding the Construction-
     Differential Subsidy requirements. Currently, U.S.-flag 
     vessels built with the assistance of a Construction-
     Differential Subsidy are required to be owned by United 
     States citizens and documented under the laws of the United 
     States for a period of 25 years.
       Section 609 of the House amendment allows the vessel MV 
     Platte to be sold to a non U.S. citizen.
       The Conference substitute amends the Senate provision by 
     deleting the vessels Rainbow Hope, Iowa Trader, and Kansas 
     Trader, and adding the vessels Bay Ridge and Coastal Golden.


 section 1117. use of foreign registry oil spill response and recovery 
                                vessels

       Section 1117 of the Senate bill allows oil spill response 
     and recovery vessels of Canadian registry to operate in 
     waters of the United States adjacent to the border between 
     Canada and the State of Maine, on an emergency basis, in the 
     event of an oil spill. These vessels could only be used if 
     there were not enough U.S.-flag recovery vessels available 
     during an oil spill.
       The House amendment does not contain a comparable 
     provision.
       The Conference substitute expands the Senate provision to 
     the use of any foreign registered oil spill response vessel 
     throughout the United States.


  section 1118. judicial sale of certain documented vessels to aliens

       Section 1118 of the Senate bill amends section 31329 of 
     title 46, United States Code, to allow for the sale, by order 
     of a District

[[Page H11521]]

     Court, of recreational vessels to non-U.S. citizens. This 
     would conform the conditions for the judicial sale of these 
     vessels to the conditions for their private sale under 
     section 9(c) of the Shipping Act of 1916 (46 App. U.S.C. 
     808(c)). In the past, the provisions of section 31329 of 
     title 46 have unreasonably restricted the foreign sales of 
     recreational vessels and the ability of subsequent U.S. 
     owners to document the vessels.
       Section 405 of the House amendment is similar to the Senate 
     provision, but also allows the sale, by an order of a court, 
     of documented fishing industry vessels.
       The Conference substitute adopts the House amendment with 
     several technical amendments.


      section 1119. improved authority to sell recyclable material

       Section 1119 of the Senate bill amends section 641(c)(2) of 
     title 14, United States Code, to exempt sales by the Coast 
     Guard of recyclable materials for which the proceeds of sale 
     will not exceed $5,000 from current excess property disposal 
     requirements for the sale of recyclable materials. This 
     section also authorizes the Coast Guard to make these small 
     sales under regulations prescribed by the Commandant.
       Section 406 of the House amendment is identical.
       The Conference substitute adopts the Senate provision.


             section 1120. documentation of certain vessels

       Section 1120 of the Senate bill waives certain U.S. 
     coastwise trade laws for 65 individually listed vessels.
       Section 601 of the House amendment authorizes the Secretary 
     of Transportation to issue a certificate of documentation 
     with a coastwise endorsement for a vessel that is less than 
     200 gross tons, is eligible for documentation, was built in 
     the United States, and was sold foreign or placed in a 
     foreign registry. Section 602 of the amendment provides a 
     limited U.S. coastwise trade waiver for the Gallant Lady. 
     Section 603 extends the deadline under section 601(d) of the 
     Coast Guard Authorization Act of 1993 for the major 
     conversion of the vessel M/V Twin Drill from June 30, 1995, 
     to June 30, 1996. Section 604 grants a U.S. coastwise trade 
     waiver to the vessel Rainbow's End. Section 605 of the House 
     amendment grants a U.S. coastwise trade waiver to the vessel 
     Gleam. Section 606 of the House amendment grants a U.S. 
     coastwise trade waiver to 25 individually listed vessels. 
     Section 607 grants a U.S. coastwise trade waiver to four 
     barges owned by McLean Contracting Company.
       The Conference substitute adopts all the House and Senate 
     provisions. The substitute also allows an additional number 
     of individually listed vessels to engage in the U.S. 
     coastwise trade. Subsection (f) entitles any vessel that 
     either is foreign built prior to the date of enactment of 
     this Act and documented under the U.S. registry or is 
     documented under the U.S.-flag before the date of enactment, 
     placed under foreign registry and subsequently redocumented 
     under U.S. registry, to transport liquefied natural gas or 
     liquefied petroleum gas to Puerto Rico. Subsection (g) deems 
     the coastwise qualified vessels Coastal Sea and Coastal 
     Merchant to have been constructed in the United States.
       Section 608 grants a U.S. coastwise trade waiver for the 
     Enchanted Isle and the Enchanted Seas. The Conferees applaud 
     the efforts to reinvigorate the U.S. coastwise cruise vessel 
     market with the re-entry of these U.S.-built vessels. The 
     Conferees are hopeful that these vessels will prove the 
     economic viability of U.S.-built, U.S.-documented vessels in 
     the U.S. coastwise trade and will serve as the foundation for 
     the re-emergency of a U.S.-built, U.S.-flag cruise vessel 
     industry.
       The Conferees believe strongly, however, that the re-entry 
     into the U.S. coastwise trade of older vessels, albeit 
     vessels originally constructed in the United States, is 
     merely an interim step in the promotion of a U.S.-flag cruise 
     vessel industry. Further vessels obtaining eligibility to 
     operate in the U.S. coastwise trade should not only be U.S.-
     built vessels, but also vessels new built in the United 
     States.
       The United States is strongly encouraging construction of 
     commercial vessels in U.S. shipyards. U.S. Navy shipbuilding 
     orders over the next few years are not projected to be 
     sufficient to sustain the U.S. shipyard defense mobilization 
     base this country needs in the event of a national emergency. 
     Other means of maintaining that mobilization base must also 
     be employed.
       Fortunately, U.S. shipyards are showing renewed vigor with 
     regard to their international commercial competitiveness. 
     U.S. shipyards are winning orders for the export of a number 
     of commercial vessels. And the conferees understand that U.S. 
     shipyards are developing designs for highly marketable cruise 
     vessels that can be constructed by such yards and offered at 
     prices competitive with European shipyards, the leaders in 
     cruise vessel construction. U.S. government programs, 
     including the National Defense Features Program, Maritech, 
     and MARAD Title XI should be helpful in assisting U.S. 
     shipyards in offering competitive prices for cruise vessels.
       The Conferees, therefore, intend the coastwise re-flagging 
     permissions contained in this provision to be strictly 
     limited. Moreover, the Conferees strongly encourage persons 
     affected by this section to replace their vessels as soon as 
     practicable with newly constructed U.S.-built cruise vessels 
     and to take advantage of U.S. Navy and other government 
     incentives in such new construction.
       Section 1120(g) of the Conference substitute simply deems 
     three forfeiture vessels to be considered to be ``constructed 
     in the United States'' for the limited purpose of the 
     Merchant Marine Act of 1936, as amended.
       Section 1120(h) of the Conference substitute inserts a new 
     section in the Coast Guard Authorization Act for Fiscal Year 
     1996 which authorizes the repayment to the Secretary of 
     Transportation of the remaining unamortized construction-
     differential subsidy on the tug M/V Janis Guzzle. The 
     repayment of the unamortized portion of the construction-
     differential subsidy for the vessel will permanently release 
     it from the domestic trading restrictions.


        section 1121. vessel deemed to be a recreational vessel

       Section 1121 of the Senate bill deems an approximately 96 
     meter twin screw motor yacht, to be named the Limitless, to 
     be a recreational vessel under chapter 43 of title 46, United 
     States Code, as along as the vessel does not carry passengers 
     for hire or engage in commercial fishing.
       Section 428 of the House amendment is similar to the Senate 
     provision.
       The Conference substitute adopts the Senate provision.


section 1122. small passenger vessel pilot inspection program with the 
                           state of minnesota

       Section 1122 of the Senate bill allows the Secretary of 
     Transportation to enter into an agreement with the State of 
     Minnesota under which the state may inspect small passenger 
     vessels operating in the waters of Minnesota under certain 
     conditions.
       The House amendment has no comparable provision.
       The Conference substitute adopts the Senate provision. As a 
     matter of Constitutional law, the Federal Government has 
     responsibility for requirements pertaining to vessel 
     structure, design, equipment, and operation. (See Ray v. 
     Atlantic Richfield Co., 435 U.S. 151 (1978) and Kelly v. 
     Washington, 302 U.S. 1 (1937)). Authority to make such 
     regulations are vested in the Secretary of Transportation 
     under sections 3306 and 3307 of title 46, United States Code. 
     Federal uniformity in these matters is critical to maintain 
     interstate and international commerce, and because the 
     absence of uniformity hinders the United States' ability to 
     seek increased international vessel standards to better 
     protect the environment.
       However, the Coast Guard is allowed to delegate its' 
     authority to non-Federal entities and has delegated its' 
     authority to inspect vessels to private classification 
     societies such as the American Bureau of Shipping. This 
     section establishes a new type of delegation--to a State. 
     However, the State must enter into an agreement that will 
     ensure that the State will apply the Federal standards to the 
     inspection of these vessels. This will guarantee that there 
     will continue to be uniformity in the application of the law 
     to all vessels subject to Federal jurisdiction in Minnesota.


   section 1123. commonwealth of the northern mariana islands fishing

       Section 1123 of the Senate bill allows an alien employed 
     under the immigration laws of the Commonwealth of the 
     Northern Mariana Islands (CNMI) to be employed on a fishing 
     vessel in the CNMI if the vessel is permanently stationed at 
     a port within the Commonwealth.
       The House amendment has no comparable provision.
       The Conference substitute adopts the Senate provision.


 section 1124. availability of extrajudicial remedies upon default of 
                  preferred mortgage liens on vessels

       Section 1124 of the Senate bill establishes a nonjudicial 
     alternative for lenders to take possession of a vessel after 
     a default.
       Under current law, marine lenders seeking to foreclose 
     loans secured by mortgaged vessels must pursue their rights 
     in the courts to clearly preserve their right to recover a 
     deficiency after the sale of the vessel.
       Section 31325 of title 46, United States Code, provides for 
     the foreclosure of a preferred mortgage on a documented 
     vessel by an in rem arrest action against the vessel within 
     the district court's admiralty jurisdiction. This remedy 
     establishes the priority for the mortgage lien as against any 
     maritime lien or land-based lien on the vessel and permits 
     the vessel to be sold free and clear of liens.
       Under the Uniform Commercial Code in effect in almost every 
     state, a secured creditor may take possession of the 
     collateral security for the loan upon a default and sell it 
     in foreclosure of the creditor's lien. For many years, 
     lender's holding preferred mortgages on documented vessels 
     regularly exercised this type of ``self-help'' remedy to sell 
     mortgaged vessels upon a loan default. Particularly for 
     smaller loans secured by recreational vessels, when the 
     debtor raised no opposition to repossession and there was 
     little likelihood of an adverse maritime lien claim against 
     the vessel, there was no reason to go through the time-
     consuming, expensive procedures of an action in court.
       In 1985, the decision in Bank of America National Trust and 
     Savings Association v. Fogle, 637 F. Supp. 305, 1986 AMC 205 
     (N.D. Cal. 1985) was rendered. In Fogle, the court held that 
     in providing for an in rem admiralty remedy in law, Congress 
     must have intended to preclude a ``self-help'' remedy

[[Page H11522]]

     under state law. The Fogle decision has forced lenders 
     seeking to foreclose defaulted loans secured by documented 
     vessels to use a court action, even when no controversy 
     requiring judicial action is necessary.
       Section 1124(a) of the Senate bill adds a new paragraph (3) 
     to section 31325(b) of title 46, United States Code, to 
     clarify that the remedies currently available under section 
     31325(b) do not preclude the exercise of other lawful rights 
     and remedies available to mortgagees, including 
     extrajudicial, ``self-help'' remedies. New paragraph 
     31325(b)(3) also supports the international recognition of 
     vessel mortgage foreclosures under principles of comity and 
     permits a preferred mortgage on a U.S.-flag vessel to be 
     foreclosed in a foreign court having jurisdiction over the 
     vessel.
       Consistent with existing law, the rights of any maritime 
     lien claimant or holder of a preferred mortgage are expressly 
     preserved under the amendments made by this section, 
     notwithstanding the use of a self-help remedy under state 
     law.
       The amendment will also not affect the remedies available 
     under state law to the holder of a security interest which is 
     deemed to be a preferred mortgage pursuant to section 
     31322(d) of title 46, United States Code, when the Vessel 
     Identification System established under chapter 125 of title 
     46 is effective.
       Section 1124(b) of this bill requires the person exercising 
     the extrajudicial remedy to give notice of the remedy to the 
     Coast Guard, to any other mortgage whose mortgage is 
     recorded, and to any maritime claimant who has recorded a 
     notice of a claim of a lien with the Coast Guard.
       Section 412 of the House amendment is identical to the 
     Senate provision.
       The Conference substitute adopts the Senate provision.


 section 1125. offshore facility financial responsibility requirements

       The Senate bill contains a provision regarding offshore oil 
     spill evidence of financial responsibility.
       The House amendment also contains a provision.
       The Conference substitute contains a compromise amendment.


     1126. deauthorization of navigation project, cohasset harbor, 
                             massachusetts

       Section 1126 of the Senate bill deauthorizes a portion of 
     the navigation project in Cohasset Harbor, Massachusetts.
       The House amendment has no comparable provision.
       The Conference substitute adopts the Senate provision.


     section 1127. sense of congress; requirement regarding notice

       The Senate bill contains no comparable provision.
       Section 410 of the House amendment expresses the sense of 
     the Congress that, to the greatest extent practicable, all 
     equipment and products purchased by the Coast Guard should be 
     American-made.
       The Conference substitute adopts the House provision.


        section 1128. requirement for procurement of buoy chain

       The Senate bill does not contain a comparable provision.
       Section 429 of the House amendment requires that the Coast 
     Guard purchase buoy chain manufactured in the United States.
       The Conference substitute adopts the House provision with 
     an amendment.


                  section 1129. cruise ship liability

       The Senate bill contains no comparable provision.
       Section 430 of the House amendment makes three changes in 
     current maritime law: The first allows foreign ship owners to 
     provide that foreign crew members must bring lawsuits for 
     damages involving injury or death in appropriate foreign 
     courts. The second provision allows a shipowner to invoke a 
     state's cap on medical malpractice damages when the shipowner 
     is held vicariously liable for a doctor's medical 
     malpractice. The third provision prohibits cruise vessel 
     passengers from recovering damages for psychological injuries 
     that are not accompanied by physical injury or actual risk of 
     physical injury.
       The Conference substitute adopts two subsections of the 
     House amendment, with amendments. Section 1129(a) of the 
     conference substitute provides that in a civil action by any 
     person in which the operator or owner of a vessel is claimed 
     to have vicarious liability for medical malpractice involving 
     a crewmember that occurs to a shoreside facility, to the 
     extent the damages resulted from the conduct of any shoreside 
     doctor, hospital, medical facility, or other health care 
     provider, the owner or operator of the vessel is entitled to 
     rely upon statutory limitations applicable to the doctor or 
     other health care provider in the state in which the 
     shoreside medical care was provided. Section 1129(b) allows 
     an owner or operator of a vessel to be relieved from 
     liability for infliction of emotional distress under certain 
     conditions. This relief does not apply if the emotional 
     distress was the result of physical injury to the claimant 
     caused by negligence of the owner, the result of the claimant 
     having been at actual risk of physical injury, or 
     intentionally inflicted by a crewmember or the owner or 
     operator of the vessel (or his manager, agent, or master). 
     Nothing in the Conference substitute limits the liability of 
     a crewmember or the manager, agent, master, owner or operator 
     of a vessel in a case involving sexual harassment, sexual 
     assault, or rape.


 section 1130. sense of congress on the implementation of regulations 
                regarding animal fats and vegetable oils

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       In enacting the Edible Oil Regulatory Reform Act, Public 
     Law 104-55, the Congress intended that the agencies recognize 
     the differences between animal fats and vegetable oils from 
     other oils and provide regulatory relief from the burdens of 
     various environmental statutes, such as the Oil Pollution Act 
     of 1990 and the Federal Water Pollution Control Act. Those 
     statutes were enacted to regulate petroleum oil and other 
     toxic oils and hazardous substances. Because of the over 
     broad definition of oil, those statutes applied to animal 
     fats and vegetable oils as well. This provision expresses the 
     sense of Congress that agencies responsible for the 
     regulation of animal fats and vegetable oils under those laws 
     should consider and recognize the differences in these oils 
     and structure different regulatory requirements based on 
     those differences. This provision also requires the 
     submission of an annual report to Congress on the 
     implementation of this policy.
       The Conference substitute expresses the sense of Congress 
     that agencies responsible for the regulation of animal fats 
     and vegetable oils should consider and recognize the 
     differences between these oils and petroleum-based oils and 
     implement regulatory requirements reflective of those 
     differences. This provision also requires the submission of 
     an annual report to Congress on the implementation of this 
     policy.


    section 1131. term of director of the bureau of transportation 
                               statistics

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute provides that when the term of 
     the Director of the Bureau of Transportation Statistics (BTS) 
     expires, the Director may continue to serve until his or her 
     successor is appointed and confirmed. It is important to 
     provide for continuity in the leadership of BTS, due to the 
     important work that BTS performs.


   section 1132. waiver of certain requirements for historic former 
                       presidential yacht sequoia

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The SEQUOIA was originally constructed in 1925 and served 
     as a presidential yacht for over half a century. It is a 
     national treasure listed on the Register of the National 
     Trust for Historic Preservation. The vessel has been 
     completely refurbished and restored in a manner in which its 
     historic value has been preserved and the vessel has recently 
     been brought up to date. The Conferees intend for the Coast 
     Guard to work with the vessel's owners to allow the SEQUOIA 
     to carry passengers for hire without imposing requirements 
     that compromise the historic integrity of the restoration of 
     the vessel or the safety of its passengers.


                   section 1133. vessel requirements

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute (1) extends the original 
     expiration date by ten years from 1998 to 2008; (2) expands 
     the term ``a vessel''; and (3) modestly expands the 
     permissible area of operation beyond inland rivers to include 
     that narrow band shoreward of the boundary Line.
       The Conferees urge the Coast Guard to work with the owners 
     of the Delta King to assist them in meeting the inspection 
     standards in the most cost effective manner possible.


              section 1134. existing tank vessel research

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute requires the Secretary of 
     Transportation to fully fund certain research projects 
     intended to evaluate double-hull alternatives by the end of 
     Fiscal Year 1997. The substitute also permits the Secretary 
     to use public vessels for research in oil pollution 
     technologies which prevent or mitigate oil discharges and 
     protect the environment. This public vessel use is restricted 
     to projects sponsored by the U.S. government so that the 
     status of the vessel as a public vessel will not be lost, and 
     so that no additional cost will be added to the project.


section 1135. plan for the engineering, design, and retrofitting of the 
                          icebreaker mackinaw

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute requires the Coast Guard to 
     submit by May 1, 1997, a plan and cost estimate for the 
     engineering, design, and retrofitting of the icebreaker 
     Mackinaw.


                  section 1136. cross border financing

       The Senate bill contains no comparable provision.

[[Page H11523]]

       The House amendment contains no comparable provision.
       Currently U.S. companies wanting to purchase vessels and 
     then place those vessels under United States registry cannot 
     take full advantage of modern financing methods available to 
     their foreign competition and other domestic transportation 
     sectors. For example, the U.S. airline industry frequently 
     acquires aircraft by chartering them from ownership trusts 
     that have non-citizen beneficiaries. Many investors view 
     ownership trusts as more secure than debt instruments (such 
     as mortgages) and trusts sometimes receive favorable 
     treatment under foreign tax codes. Furthermore, there is no 
     reason why these trusts cannot be structured in a way that 
     preserves U.S. citizen control of vessels.
       Under current U.S. law, a vessel owned by a trust is 
     eligible for documentation only if all its ``members'' are 
     U.S. citizens and it is capable of holding title to a vessel 
     under the Laws of the United States or a State. The U.S. 
     Coast Guard has interpreted this requirement to mean that a 
     trust arrangement is a citizen if each of its trustees and 
     each beneficiary with an enforceable interest in the trust is 
     a citizen. In contrast, a corporation is a documentation 
     citizen if it was established under U.S. law and the CEO, 
     Chairman of its board and a sufficient number of board 
     members sufficient to establish a quorum are all U.S. 
     Citizens. There is no requirement that the stock of the 
     corporation be owned by citizens, because the purpose of the 
     law is satisfied so long as the vessel is controlled by U.S. 
     citizens. Unfortunately, the ambiguity of the law with 
     respect to passive beneficiaries of trusts is impeding the 
     revitalization of our fleet.
       Under present law, the Secretary of Transportation may 
     grant the right to sell or transfer a vessel foreign 
     generally only after it is documented under the U.S. flag. 
     Investors will not participate in financing vessels using 
     these trusts unless they can first be assured that a 
     particular trust instrument will meet the documentation test 
     and they have the option to sell or transfer the vessel 
     world-wide if the vessel charterer subsequently defaults or 
     the charter terminates. It is not realistic to expect much 
     enthusiasm from investors unless they have reasonable option 
     to protect their assets.
       Section 1136(a) of the Conference substitute amends section 
     12102 of Title 46 to permit documentation of vessels subject 
     to ownership trusts under which not all of the beneficiaries 
     are U.S. citizens, provided that the trust document permits 
     not more than 25% of the authority to direct or remove a 
     trustee is held by non-citizens, and the trustee(s) gives 
     certain assurances. The conferees intend this section to be 
     implemented in the same manner as similar cross border 
     leasing transactions as for aircraft administered by the FAA. 
     New section 12102(d)(4) provides that a vessel chartered by 
     the trust to a citizen of the United States under section 2 
     of the Shipping Act, 1916 is deemed to be a citizen of the 
     United States for purposes of that section and related laws 
     such as the Capital Construction Fund Program. However, the 
     charterer is not considered a section 2 citizen for purposes 
     of new subtitle B of title VI of the Merchant Marine Act, 
     1936 which is dealt with separately in this section. The 
     purpose of this section is to allow greater flexibility for 
     section 2 citizens to use widely used international financing 
     practices to decrease the acquisition cost of new vessels.
       Section 1136(b) amends Section 9 of the Shipping Act, 1916 
     to permit the Secretary of Transportation to grant, prior to 
     the documentation of a vessel, approval for prospective sale 
     or transfer foreign of a vessel owned by these trusts. This 
     amendment codifies current practices of the Secretary.
       Section 1136(c) provides that for purposes of determining 
     whether a vessel is owned and operated by a citizen of the 
     United States for participation the program established under 
     subtitle B of title VI of the Merchant Marine Act, 1936, a 
     vessel chartered by a trust under section 12102(d)(2) of 
     title 46, United States Code (as enacted by subsection (a) of 
     this section) is a citizen of the United States under section 
     2 of the Shipping Act, 1916 if: (1) the vessel is delivered 
     by a shipbuilder on or after May 1, 1995 and before January 
     31, 1996; (2) the vessel is owned by a section 2 citizen on 
     September 1, 1996 or is a replacement for such a vessel; or 
     (3) payments have been made with respect to the vessel under 
     subtitle B of title VI of that Act for at least one year.
       Section 1136(d) provides that, for purposes of determining 
     whether a vessel is owned and operated by a citizen of the 
     United States for participation the program established under 
     subtitle B of title VI of the Merchant Marine Act, 1936, a 
     vessel is deemed to be owned and operated by a section 2 
     citizen if the vessel is owned ``directly or indirectly'' by 
     a section 2 citizen and the vessel was: (1) built under a 
     shipbuilding contract signed on December 21, 1995 and having 
     hull number 3077, 3078, 3079, or 3080; (2) delivered by a 
     shipbuilder on or after May 1, 1995 and before January 31, 
     1996; owned by a section 2 citizen on September 1, 1996 or is 
     a replacement for such a vessel; or (4) the beneficiary of 
     under subtitle B of title VI of the Merchant Marine Act, 1936 
     for at least 1 year.
       Nothing in the amendments made by this section diminishes 
     the authority of the Secretary to impose reasonable 
     conditions, such as requisition of the vessel in time of 
     emergency under Section 902 of the Merchant Marine Act, 1936, 
     on the foreign transfer of a vessel.


                     SECTION 1137. VESSEL STANDARDS

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute provides for Certification of 
     Inspection provisions, and for reliance on non-governmental 
     classification societies. Subsection (b) applies only for the 
     period of time that the vessel fails to comply with the 
     applicable standards.


 SECTION 1138. VESSELS SUBJECT TO THE JURISDICTION OF THE UNITED STATES

       The Senate bill contains a provision enhancing law 
     enforcement authorities related to vessels and aircraft.
       The House amendment contains no comparable provision.
       The Conference substitute establishes new law enforcement 
     provisions which expand the Government's prosecutorial 
     effectiveness in drug smuggling cases. Claims of foreign 
     registry must be ``affirmatively and unequivocally'' verified 
     by the nation of registry to be valid. People arrested in 
     these international situations would not be able to use as a 
     defense that the U.S. was acting in violation of 
     international law regarding recognition of registry at the 
     time of the arrest. The Secretary of State's certification as 
     to the content of discussions with foreign nations about 
     matters of registry would be considered ``fact'', 
     irrespective of the statements or certifications of the 
     foreign nation at a later time. Jurisdictional issues would 
     always be issues of law to be decided by the trial judge, not 
     issues of fact to be decided by the jury.


             SECTION 1139. REACTIVATION OF CLOSED SHIPYARDS

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute establishes the basis for the 
     Secretary of Transportation to assist certain closed 
     shipyards by supporting projects for the reactivation and 
     modernization of those yards and the construction of ships at 
     those yards. Subsection (a) authorizes the Secretary to 
     provide loan guarantees under the shipping laws to assist in 
     the reactivation and modernization of a currently closed 
     shipyard that (1) historically built vessels and intends to 
     compete in international commercial shipbuilding; (2) is 
     either a designated public-private partnership project or has 
     an approved reuse plan and revolving economic conversion 
     fund; and (3) involves a State or State-chartered agency that 
     makes a significant investment in the project.
       Subsection (b) waives the application of certain factors 
     designed to apply to existing yards but subsection (c) 
     directs the Secretary to impose appropriate standards for a 
     reactivation and modernization project to protect the United 
     States from the risk of default. Included in subsection (c) 
     is a provision regarding shipyard and shipbuilding project 
     interdependency. This provision was added to give the 
     Maritime Administration guidance when considering whether to 
     issue a guarantee or a commitment to guarantee obligations 
     for the construction of vessels in connection with and as an 
     integral part of the reactivation or modernization of closed 
     shipyards. It recognizes that vessels integral to the 
     reactivation of a closed shipyard may request approval of a 
     loan guarantee at the same time the closed shipyard is 
     requesting approval of a loan guarantee and that due 
     consideration and weight should be afforded the vessel's 
     application. This interdependency language is intended to 
     facilitate the Maritime Administration's review and approval 
     of closed shipyard and vessel loan guarantee applications 
     simultaneously as part of the total shipyard reactivation and 
     modernization project. This is not intended, however, to be a 
     limiting provision allowing the Maritime Administration to 
     precondition the issuance of a guarantee or commitment to 
     guarantee for a closed shipyard on the approval of related 
     vessel loan guarantees.
       Subsection (d) limits the aggregate guarantees for 
     shipyards only under this section to $100 million, requires a 
     State or State-agency to provide to the Secretary the amount 
     of funds needed to cover the risk factor cost under the 
     Federal Credit Reform Act for the Secretary to deposit into a 
     financing account in the Treasury, and provides for the 
     reversion of the deposited amount to the State or State-
     agency if, on the expiration of the guarantee, no obligation 
     is to be paid from the deposited funds under the terms of the 
     guarantee. Other factors related to the cost of a guarantee 
     are established in this section.
       Subsection (e) sets an expiration date of one year after 
     the date of enactment and subsection (f) contains a 
     definition.


                   SECTION 1140. SAKONNET POINT LIGHT

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute states that an action for damage 
     or injury arising from the operation, maintenance, or 
     malfunctioning of an aid to navigation, at Sakonnet Point, 
     Little Compton, Rhode Island shall be determined by State 
     law.


            SECTION 1141. DREDGING OF RHODE ISLAND WATERWAYS

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.

[[Page H11524]]

       The Conference substitute adopts an amendment regarding 
     Rhode Island dredging.


                     SECTION 1142. INTERIM PAYMENTS

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute adopts an amendment regarding 
     interim payments.


                  SECTION 1143. OIL SPILL INFORMATION

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute adopts an amendment regarding oil 
     spill information.


         SECTION 1144. COMPLIANCE WITH OIL SPILL RESPONSE PLANS

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute adopts an amendment regarding oil 
     spill response plans.


        SECTION 1145. CLARIFICATION OF TANK VESSEL REQUIREMENTS

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference substitute adopts an amendment regarding 
     tank vessel requirements.


                 SECTION 1146. FISHING VESSEL EXEMPTION

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       Section 1146 clarifies that the International Convention on 
     Standards of Training, Certification and Watchkeeping for 
     Seafarers, 1978 (STCW) does not apply to fishing vessels, 
     including fishing vessels when they are operating as fish 
     tender vessels. The STCW sets qualifications for masters, 
     officers, and watchkeeping personnel on seagoing merchant 
     ships, including the approximately 350 large U.S. merchant 
     ships, and is not appropriate for fishing vessels or 
     traditional fish tender operations.


    SECTION 1147. BRIDGE DEEMED TO UNREASONABLY OBSTRUCT NAVIGATION

       The Senate bill contains no comparable provision.
       The House amendment contains no comparable provision.
       The Conference Substitute deems the Sooline & Milwaukee 
     Road Swing Bridge in Oshkosh, Wisconsin as an ``unreasonable 
     obstruction to navigation''. This makes the vessel eligible 
     for funding under the Truman-Hobbs Act, a program to fund the 
     removal of these types of bridges that pose a threat to safe 
     navigation of vessels.

     From the Committee on Transportation and Infrastructure, for 
     consideration of the Senate bill and the House amendment, and 
     modifications committed to conference:
     Bud Shuster,
     Don Young,
     Howard Coble,
     Tillie K. Fowler,
     Bill Baker,
     James L. Oberstar,
     Bob Clement,
     Glenn Poshard,
     From the Committee on the Judiciary, for consideration of 
     sec. 901 of the Senate bill, and sec. 430 of the House 
     amendment, and modifications committed to conference:
     Henry Hyde,
     Bill McCollum,
                                Managers on the Part of the House.

     From the Committee on Commerce, Science, and Transportation:
     Larry Pressler,
     Ted Stevens,
     Slade Gorton,
     Trent Lott,
     Kay Bailey Hutchison,
     Olympia Snowe,
     John Ashcroft,
     Spencer Abraham,
     Fritz Hollings,
     Daniel Inouye,
     John F. Kerry,
     John Breaux,
     Byron L. Dorgan,
     Ron Wyden,
     From the Committee on Environment and Public Works:
     John H. Chafee,
     John Warner,
     Bob Smith,
     Lauch Faircloth,
     Jim Inhofe,
     Max Baucus,
     Frank R. Lautenberg,
     Joe Lieberman,
     Managers on the Part of the Senate.

                          ____________________