[Congressional Record Volume 144, Number 144 (Monday, October 12, 1998)]
[Senate]
[Pages S12406-S12418]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                 COAST GUARD AUTHORIZATION ACT OF 1998

                                 ______
                                 

                        SNOWE AMENDMENT NO. 3813

  Mr. JEFFORDS (for Ms. Snowe) proposed an amendment to the bill (H.R. 
2204) to authorize appropriations for fiscal years 1998 and 1999 for 
the Coast Guard, and for other purposes; as follows:

       Strike out all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. TABLE OF SECTIONS.

       The table of sections for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of sections.

               Title I--Appropriations; Authorized Levels

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

                    Title II--Coast Guard Management

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

         Title III--Marine Safety and Environmental Protection

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

                        Title IV--Miscellaneous

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

         Title V--Administrative Process for Jones Act Waivers

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

               Title VI--Harmful Algal Blooms and Hypoxia

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

             Title VII--Additional Miscellaneous Provisions

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

               TITLE I--APPROPRIATIONS; AUTHORIZED LEVELS

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       (a) Fiscal Year 1998.--Funds are authorized to be 
     appropriated for necessary expenses of the Coast Guard for 
     fiscal year 1998, as follows:
       (1) For the operation and maintenance of the Coast Guard, 
     $2,715,400,000, of which $25,000,000 shall be derived from 
     the Oil Spill Liability Trust Fund.
       (2) For the acquisition, construction, rebuilding, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $397,850,000, to remain available until 
     expended, of which $20,000,000 shall be derived from the Oil 
     Spill Liability Trust Fund to carry out the purposes of 
     section 1012(a)(5) of the Oil Pollution Act of 1990.
       (3) For research, development, test, and evaluation of 
     technologies, materials, and human factors directly relating 
     to improving

[[Page S12407]]

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

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

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

     SEC. 103. LORAN-C.

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

                    TITLE II--COAST GUARD MANAGEMENT

     SEC. 201. SEVERANCE PAY.

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

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

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

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

       Section 93 of title 14, United States Code, as amended by 
     section 202 of this Act, is further amended--
       (1) by striking ``and'' after the semicolon at the end of 
     paragraph (v);

[[Page S12408]]

       (2) by striking the period at the end of paragraph (w) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(x) rent or lease, under such terms and conditions as are 
     deemed advisable, commercial vehicles to transport the next 
     of kin of eligible retired Coast Guard military personnel to 
     attend funeral services of the service member at a national 
     cemetery.''.

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

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

     SEC. 205. ELIMINATE SUPPLY FUND REIMBURSEMENT REQUIREMENT.

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

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

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

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

       (a) Authority.--Section 95 of title 14, United States Code, 
     is amended to read as follows:

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

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

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

     SEC. 208. REPORT ON EXCESS COAST GUARD PROPERTY.

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

     SEC. 209. FEES FOR NAVIGATION ASSISTANCE SERVICE.

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

     SEC. 210. AIDS TO NAVIGATION REPORT.

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

         TITLE III--MARINE SAFETY AND ENVIRONMENTAL PROTECTION

     SEC. 301. ALCOHOL TESTING.

       (a) Administrative Procedure.--Section 7702 of title 46, 
     United States Code, is amended by striking the second 
     sentence of subsection (c)(2) and inserting the following: 
     ``The testing may include preemployment (with respect to 
     dangerous drugs only), periodic, random, and reasonable cause 
     testing, and shall include post-accident testing.''.
       (b) Increase in Civil Penalty.--Section 2115 of title 46, 
     United States Code, is amended by striking ``$1,000'' and 
     inserting ``$5,000''.
       (c) Increase in Negligence Penalty.--Section 2302(c)(1) of 
     title 46, United States Code, is amended by striking ``$1,000 
     for a first violation and not more than $5,000 for a 
     subsequent violation; or'' and inserting ``$5,000; or''.
       (d) Post Serious Marine Incident Testing.--
       (1) Chapter 23 of title 46, United States Code, is amended 
     by inserting after section 2303 the following:

     Sec. 2303a. Post serious marine incident alcohol testing

       ``(a) The Secretary shall establish procedures to ensure 
     that after a serious marine incident occurs, alcohol testing 
     of crew members or other persons responsible for the 
     operation or other safety-sensitive functions of the vessel 
     or vessels involved in such incident is conducted no later 
     than 2 hours after the incident occurs, unless such testing 
     cannot be completed within that time due to safety concerns 
     directly related to the incident.
       ``(b) The procedures in subsection (a) shall require that 
     if alcohol testing cannot be completed within 2 hours of the 
     occurrence of the incident, such testing shall be conducted 
     as soon thereafter as the safety concerns in subsection (a) 
     have been adequately addressed to permit such testing, except 
     that such testing may not be required more than 8 hours after 
     the incident occurs.''.
       (2) The table of sections at the beginning of chapter 23 of 
     the title 46, United States Code, is amended by inserting 
     after the item related to section 2303 the following:

2303a. Post serious marine incident alcohol testing''

     SEC. 302. PENALTY FOR VIOLATION OF INTERNATIONAL CONVENTION.

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

[[Page S12409]]

     international conventions to which the United States is a 
     party.
       ``(4) As used in this subsection, the term `cargo sponsored 
     by the United States Government' means cargo for which a 
     Federal agency contracts directly for shipping by water or 
     for which (or the freight of which) a Federal agency provides 
     financing, including financing by grant, loan, or loan 
     guarantee, resulting in shipment of the cargo by water.''.

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

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

     SEC. 304. ELIMINATE BIENNIAL RESEARCH AND DEVELOPMENT REPORT.

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

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

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

     SEC. 306. SAFETY MANAGEMENT CODE REPORT AND POLICY.

       (a) In General.--Chapter 32 of title 46, United States 
     Code, is amended by adding at the end thereof the following:

     ``Sec. 3206. Report and policy

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

``3206. Report and policy''.

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

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

     SEC. 308. NATIONAL MARINE TRANSPORTATION SYSTEM.

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

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

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

[[Page S12410]]

       (2) provide recommendations on policies and programs to 
     encourage the availability and use of EPIRBS and similar 
     devices by the operators of recreational vessels.

     SEC. 310. SEARCH AND RESCUE HELICOPTER COVERAGE.

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

     SEC. 311. PETROLEUM TRANSPORTATION.

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

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

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

     SEC. 313. SHIP REPORTING SYSTEMS.

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

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

       (a) In general.--
       (1) Subject to subsection (b), the Secretary of 
     Transportation shall implement and enforce the United States 
     Coast Guard 1997 Enforcement Policy for Cargo Residues on the 
     Great Lakes (hereinafter referred to as ``Policy'') for the 
     purpose of regulating incidental discharges from vessels of 
     residues of dry bulk cargo into the waters of the Great Lakes 
     under the jurisdiction of the United States.
       (2) Any discharge under this section shall comply with all 
     terms and conditions of the Policy.
       (b) Expiration of interim authority.--The Policy shall 
     cease to have effect on the date which is the earliest of--
       (1) the date that legislation providing for the regulation 
     of incidental discharges from vessels of dry bulk cargo 
     residue into the waters of the Great Lakes under the 
     jurisdiction of the United States is enacted;
       (2) the date that regulations authorized under existing law 
     providing for the regulation of incidental discharges from 
     vessels of dry bulk cargo residue into the waters of the 
     Great Lakes under the jurisdiction of the United States are 
     promulgated; or
       (3) September 20, 2000.

                        TITLE IV--MISCELLANEOUS

     SEC. 401. VESSEL IDENTIFICATION SYSTEM AMENDMENTS.

       (a) In General.--Chapter 121 of title 46, United States 
     Code, is amended--
       (1) by striking ``or is not titled in a State'' in section 
     12102(a);
       (2) by adding at the end thereof the following:

     Sec. ``12124. Surrender of title and number

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

``12124. Surrender of title and number''.

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

     SEC. 402. CONVEYANCE OF LIGHTHOUSES.

       (a) Authority to Convey.--
       (1) In general.--the Commandant of the Coast Guard, or the 
     Administrator of the General Services Administration, as 
     appropriate, may convey, by an appropriate means of 
     conveyance, all right, title, and interest of the United 
     States in and to each of the following properties:
       (A) Light Station Sand Point, located in Escanaba, 
     Michigan, to the Delta County Historical Society.
       (B) Light Station Dunkirk, located in Dunkirk, New York, to 
     the Dunkirk Historical Lighthouse and Veterans' Park Museum.
       (C) Long Branch Rear Range Light, located in Jacksonville, 
     Florida, to Jacksonville University, Florida.
       (D) Eagle Harbor Light Station, located in Michigan, to the 
     Keweenaw County Historical Society.

[[Page S12411]]

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

     SEC. 403. ADMINISTRATIVE AUTHORITY TO CONVEY LIGHTHOUSES

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

     ``Sec. 675. Administrative authority to convey lighthouses

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

[[Page S12412]]

       (b) Clerical Amendment.--The chapter analysis for chapter 
     17 of title 14, United States Code, is amended by adding at 
     the end thereof the following:

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

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

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

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

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

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

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

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

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

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

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

[[Page S12413]]

     shall give to the City of Jacksonville, Florida, the right of 
     first refusal to purchase all or any part of the property 
     required to be sold under that subsection.

     SEC. 409. CONVEYANCE OF DECOMMISSIONED COAST GUARD VESSELS.

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

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

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

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

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

     SEC. 412. VESSEL DOCUMENTATION CLARIFICATION.

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

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

       (a) In General.--Chaper 109 of title 18, United States 
     Code, is amended by adding at the end new section 2237 to 
     read as follows:

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

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

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

     SEC. 414. DREDGE CLARIFICATION.

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

[[Page S12414]]

     SEC. 415. GREAT LAKES PILOTAGE ADVISORY COMMITTEE.

       Section 9307 of title 46, United States Code, is amended to 
     read as follows:

     ``Sec. 9307. Great Lakes Pilotage Advisory Committee

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

     SEC. 416. DOCUMENTATION OF CERTAIN VESSELS.

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

     SEC. 417. DOUBLE HULL ALTERNATIVE DESIGNS STUDY.

       Section 4115(e) of the Oil Pollution Act of 1990 (46 U.S. 
     Code 3703a note) is amended by adding at the end thereof the 
     following:
       ``(3)(A) The Secretary of Transportation shall coordinate 
     with the Marine Board of

[[Page S12415]]

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

     SEC. 418. REPORT ON MARITIME ACTIVITIES.

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

     SEC. 419. VESSEL SHARING AGREEMENTS.

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

     SEC. 420. REPORT ON SWATH TECHNOLOGY.

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

     SEC. 421. REPORT ON TONNAGE CALCULATION METHODOLOGY.

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

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

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

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

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

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

       (a) Section 2 of the Coast and Geodetic Survey Commissioned 
     Officers' Act of 1948 (33 U.S.C. 853a) is amended--
       (1) by redesignating subsections (a) through (e) as 
     subsections (b) through (f), respectively; and
       (2) by inserting before subsection (b), as redesignated, 
     the following:
       ``(a)(1) Except as provided in paragraph (2), there are 
     authorized to be not less than 264 and not more than 299 
     commissioned officers on the active list of the National 
     Oceanic and Atmospheric Administration for fiscal years 1999, 
     2000, 2001, 2002, and 2003.
       ``(2) The administrator may reduce the number of 
     commissioned officers on the active list below 264 if the 
     Administrator determines that it is appropriate, taking into 
     consideration--
       ``(A) the number of billets on the vessels and aircraft 
     owned and operated by the Administration;
       ``(B) the need of the Administration to collect high-
     quality oceanographic, fisheries,

[[Page S12416]]

     hydrographic, and atmospheric data and information on a 
     continuing basis;
       ``(C) the need for effective and safe operation of the 
     Administration's vessels and aircraft;
       ``(D) the need for effective management of the commissioned 
     Corps; and
       ``(E) the protection of the interests of taxpayers.
       ``(3) At least 90 days before beginning any reduction as 
     described in paragraph (2), the Administrator shall provide 
     notice of such reduction to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Resources of the House of Representatives.''.
       (b) Section 24(a) of the Coast and Geodetic Survey 
     Commissioned Officers' Act of 1948 (33 U.S.C. 853u(a)) is 
     amended by inserting ``One such position shall be appointed 
     from the officers on the active duty promotion list serving 
     in or above the grade of captain, and who shall be 
     responsible for administration of the commissioned officers, 
     and for oversight of the operation of the vessel and aircraft 
     fleets, of the Administration.'' before ``An officer''.
       (c) The Secretary of Commerce immediately shall relieve the 
     moratorium on new appointments of commissioned officers to 
     the National Oceanic and Atmospheric Administration Corps.

     SEC. 425. COAST GUARD CITY, USA.

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

     SEC. 426. MARINE TRANSPORTATION FLEXIBILITY.

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

         TITLE V--ADMINISTRATIVE PROCESS FOR JONES ACT WAIVERS

     SEC. 501. FINDINGS.

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

     SEC. 502. ADMINISTRATIVE WAIVER OF COASTWISE TRADE LAWS.

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

     SEC. 503. REVOCATION.

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

     SEC. 504. DEFINITIONS.

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

               TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA

     SEC. 601. SHORT TITLE.

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

     SEC. 602. FINDINGS.

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

     SEC. 603. ASSESSMENTS.

       (a) Establishment of Inter-Agency Task Force.--The 
     President, through the Committee on Environment and Natural 
     Resources of the National Science and Technology Council, 
     shall establish an Inter-Agency Task Force on Harmful Algal 
     Blooms and Hypoxia (hereinafter referred to as the ``Task 
     Force''). The Task Force shall consist of the following 
     representatives from--
       (1) the Department of Commerce (who shall serve as Chairman 
     of the Task Force);
       (2) the Environmental Protection Agency;
       (3) the Department of Agriculture;
       (4) the Department of the Interior;
       (5) the Department of the Navy;
       (6) the Department of Health and Human Services;
       (7) the National Science Foundation;
       (8) the National Aeronautics and Space Administration;
       (9) the Food and Drug Administration;
       (10) the Office of Science and Technology Policy;
       (11) the Council on Environmental Quality; and
       (12) such other Federal agencies as the President considers 
     appropriate.
       (b) Assessment of Harmful Algal Blooms.--
       (1) Not later than 12 months after the date of enactment of 
     this title, the Task Force, in

[[Page S12417]]

     cooperation with the coastal States, Indian tribes, and local 
     governments, industry (including agricultural organizations), 
     academic institutions, and non-governmental organizations 
     with expertise in coastal zone management, shall complete and 
     submit to the Congress an assessment which examines the 
     ecological and economic consequences of harmful algal blooms, 
     alternatives for reducing, mitigating, and controlling 
     harmful algal blooms, and the social and economic costs and 
     benefits of such alternatives.
       (2) The assessment shall--
       (A) identify alternatives for preventing unnecessary 
     duplication of effort among Federal agencies and departments 
     with respect to harmful algal blooms; and
       (B) provide for Federal cooperation and coordination with 
     and assistance to the coastal States, Indian tribes, and 
     local governments in the prevention, reduction, management, 
     mitigation, and control of harmful algal blooms and their 
     environmental and public health impacts.
       (c) Assessment of Hypoxia.--
       (1) Not later than 12 months after the date of enactment of 
     this title, the Task Force, in cooperation with the States, 
     Indian tribes, local governments, industry, agricultural, 
     academic institutions, and non-governmental organizations 
     with expertise in watershed and coastal zone management, 
     shall complete and submit to the Congress an assessment which 
     examines the ecological and economic consequences of hypoxia 
     in United States Coastal waters, alternatives for reducing, 
     mitigating, and controlling hypoxia, and the social and 
     economic costs and benefits of such alternatives.
       (2) The assessment shall--
       (A) establish needs, priorities, and guidelines for a peer-
     reviewed, inter-agency research program on the causes, 
     characteristics, and impacts of hypoxia;
       (B) identify alternatives for preventing unnecessary 
     duplication of effort among Federal agencies and departments 
     with respect by hypoxia; and
       (C) provide for Federal cooperation and coordination with 
     and assistance to the States, Indian tribes, and local 
     governments in the prevention, reduction, management, 
     mitigation, and control of hypoxia and its environmental 
     impacts.
       (e) Disestablishment of Task Force.--The President may 
     disestablish the Task Force after submission of the path in 
     section 604(d).

     SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

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

     SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

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

     SEC. 608 PROTECTION OF STATES' RIGHTS.

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

             TITLE VII--ADDITIONAL MISCELLANEOUS PROVISIONS

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

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

``Tract 1--Commencing at a point N45 deg. 28' 31" E 198.3 feet from 
              point `A' as shown on plat of survey of `Boundary 
              Agreement of CAFB' by D.W. Jessen and Associates, Civil 
              Engineers, Lake Charles, Louisiana, dated August 7, 1973, 
              and filed in Plat Book 23, at page 20, Records of 
              Calcasieu Parish, Louisiana; thence S44 deg. 29' 09" E 
              220 feet; thence N45 deg. 28' 31" E 50 feet; thence 
              N44 deg. 29' 09" W 220 feet; thence S45 deg. 28' 31" W 50 
              feet to the point of commencement and containing 11,000 
              square feet (0.2525 acres).
``Tract 2--Commencing at a point N45 deg. 28' 31" E 198.3 feet from 
              point `A' as shown on plat of survey of `Boundary 
              Agreement of CAFB' by D.W. Jessen and Associates, Civil 
              Engineers, Lake Charles, Louisiana, dated August 7, 1973, 
              and filed in Plat Book 23, at page 20, Records of 
              Calcasieu Parish, Louisiana; thence S44 deg. 29' 09" E 
              169.3 feet; thence S45 deg. 28' 31" W 75 feet; (Deed Call 
              S45 deg. 30' 51" W 75 feet), thence N44 deg. 29' 09" W 
              169.3 feet; thence N45 deg. 28' 31" E 75 feet to the 
              point of commencement and containing 12,697 square feet 
              (0.2915 acres).
``Tract 3--Commencing at a point N45 deg. 28' 31" E 248.3 feet from 
              point `A' as shown on plat of survey of `Boundary 
              Agreement of CAFB' by D.W. Jessen and Associates, Civil 
              Engineers, Lake Charles, Louisiana, dated August 7, 1973, 
              and filed in Plat Book 23, at page 20, Records of 
              Calcasieu Parish, Louisiana; thence S44 deg. 29' 09" E 
              220 feet; thence N45 deg. 28' 31" E 50 feet; thence 
              N44 deg. 29' 09" W 220 feet; thence S45 deg. 28' 31" W 50 
              feet to the point of commencement and containing 11,000 
              square feet (0.2525 acres).
``Tract 4--Commencing at a point N45 deg. 28' 31" E 123.3 feet and 
              S44 deg. 29' 09" E 169.3 feet from point `A' as shown on 
              plat of survey of `Boundary Agreement of CAFB' by D.W. 
              Jessen and Associates, Civil Engineers, Lake Charles, 
              Louisiana, dated August 7, 1973, and filed in Plat Book 
              23, at page 20, Records of Calcasieu Parish, Louisiana; 
              thence S44 deg. 29' 09" E 50.7 feet; thence N45 deg. 28' 
              31" E 75 feet; thence N44 deg. 29' 09" W 50.7 feet; 
              thence S45 deg. 28' 31" W 75 feet (Deed Call S45 deg. 30' 
              51" W 75 feet) to the point of commencement and 
              containing 3,802 square feet (0.0873 acres).

[[Page S12418]]

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

                          ____________________