[Congressional Record Volume 144, Number 151 (Wednesday, October 21, 1998)]
[Senate]
[Pages S12947-S12959]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COAST GUARD AUTHORIZATION ACT OF 1998
Mr. LOTT. Mr. President, I ask the Chair lay before the Senate a
message from the House of Representatives on the bill (H.R. 2204) to
authorize appropriations for fiscal years 1998 and 1999 for the Coast
Guard, and for other purposes.
The PRESIDING OFFICER laid before the Senate the following message
from the House of Representatives:
Resolved, That the House agree to the amendment of the
Senate to the bill (H.R. 2204) entitled ``An Act to authorize
appropriations for fiscal years 1998 and 1999 for the Coast
Guard, and for other purposes'', with the following
amendment:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Authorization
Act of 1998''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATION
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. Law enforcement authority for special agents of the Coast
Guard Investigative Service.
Sec. 206. Report on excess Coast Guard property.
Sec. 207. Fees for navigation assistance service.
Sec. 208. Aids to navigation report.
TITLE III--MARINE SAFETY
Sec. 301. Extension of territorial sea for certain laws.
Sec. 302. Penalties for interfering with the safe operation of a
vessel.
Sec. 303. Great Lakes Pilotage Advisory Committee.
Sec. 304. Alcohol testing.
Sec. 305. Protect marine casualty investigations from mandatory
release.
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.
TITLE IV--MISCELLANEOUS
Sec. 401. Vessel identification system amendments.
Sec. 402. Conveyance of Coast Guard Reserve training facility,
Jacksonville, Florida.
Sec. 403. Documentation of certain vessels.
Sec. 404. Conveyance of Nahant parcel, Essex County, Massachusetts.
Sec. 405. Unreasonable obstruction to navigation.
Sec. 406. Financial responsibility for oil spill response vessels.
Sec. 407. Conveyance of Coast Guard property to Jacksonville University
in Jacksonville, Florida.
Sec. 408. Penalty for violation of International Safety Convention.
Sec. 409. Coast Guard City, USA.
Sec. 410. Conveyance of Communication Station Boston Marshfield
Receiver Site, Massachusetts.
Sec. 411. Clarification of liability of persons engaging in oil spill
prevention and response activities.
Sec. 412. Vessels not seagoing motor vessels.
Sec. 413. Land conveyance, Coast Guard Station Ocracoke, North
Carolina.
Sec. 414. Conveyance of Coast Guard property in Sault Sainte Marie,
Michigan.
Sec. 415. Interim authority for dry bulk cargo residue disposal.
Sec. 416. Conveyance of lighthouses.
Sec. 417. Conveyance of Coast Guard LORAN Station Nantucket.
Sec. 418. Conveyance of decommissioned Coast Guard vessels.
Sec. 419. Amendment to conveyance of vessel S/S RED OAK VICTORY.
Sec. 420. Transfer of Ocracoke Light Station to Secretary of the
Interior.
Sec. 421. Vessel documentation clarification.
Sec. 422. Dredge clarification.
Sec. 423. Double hull alternative designs study.
Sec. 424. Vessel sharing agreements.
Sec. 425. Reports.
Sec. 426. Report on tonnage calculation methodology.
Sec. 427. Authority to convey National Defense Reserve Fleet Vessels.
Sec. 428. Authority to convey National Defense Reserve Fleet Vessel,
JOHN HENRY.
Sec. 429. Applicability of authority to release restrictions and
encumbrances.
Sec. 430. Barge APL-60.
Sec. 431. Vessel financing flexibility.
Sec. 432. Hydrographic functions.
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.
Sec. 505. Sunset.
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. Protection of States' rights.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for necessary
expenses of the Coast Guard, as follows:
(1) For the operation and maintenance of the Coast Guard--
(A) for fiscal year 1998, $2,715,400,000; and
(B) for fiscal year 1999, $2,854,700,000; of which
$25,000,000 shall be derived each fiscal year from the Oil
Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 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--
(A) for fiscal year 1998, $399,850,000, of which $2,000,000
shall be made available for concept evaluation for a
replacement vessel for the Coast Guard icebreaker MACKINAW;
and
(B) for fiscal year 1999, $510,300,000, of which $5,300,000
shall be made available to complete the conceptual design for
a replacement vessel for the Coast Guard icebreaker MACKINAW;
to remain available until expended, of which $20,000,000
shall be derived each fiscal year from the Oil Spill
Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 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--
(A) for fiscal year 1998, $19,000,000; and
(B) for fiscal year 1999, $18,300,000;
to remain available until expended, of which $3,500,000 shall
be derived each fiscal year from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for
medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code--
(A) for fiscal year 1998, $653,196,000; and
(B) for fiscal year 1999, $691,493,000.
[[Page S12948]]
(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--
(A) for fiscal year 1998, $17,000,000; and
(B) for fiscal year 1999, $26,000,000,
to remain available until expended.
(6) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operations and maintenance), $26,000,000 for each of
fiscal years 1998 and 1999, to remain available until
expended.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an
end-of-year strength for active duty personnel of--
(1) 37,944 as of September 30, 1998; and
(2) 38,038 as of September 30, 1999.
(b) Military Training Student Loads.--The Coast Guard is
authorized average military training student loads as
follows:
(1) For recruit and special training--
(A) for fiscal year 1998, 1,424 student years; and
(B) for fiscal year 1999, 1,424 student years.
(2) For flight training--
(A) for fiscal year 1998, 98 student years; and
(B) for fiscal year 1999, 98 student years.
(3) For professional training in military and civilian
institutions--
(A) for fiscal year 1998, 283 student years; and
(B) for fiscal year 1999, 283 student years.
(4) For officer acquisition--
(A) for fiscal year 1998, 814 student years; and
(B) for fiscal year 1999, 810 student years.
SEC. 103. LORAN-C.
(a) Fiscal Year 1999.--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.
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) Cost-Sharing Plan.--Not later than 6 months after the
date of enactment of this Act, the Secretary of
Transportation shall develop and submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives a plan for cost-sharing arrangements among
Federal agencies for such capital and operating expenses
related to LORAN-C navigation infrastructure, including such
expenses of 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
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.
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 State and
local governments and commercial and nonprofit organizations,
and pay for, using any appropriations or funds available to
the Coast Guard, plaques, medals, trophies, badges, and
similar items to acknowledge such contribution (including
reasonable expenses of ceremony and presentation).''.
SEC. 203. USE OF APPROPRIATED FUNDS FOR COMMERCIAL VEHICLES
AT MILITARY FUNERALS.
Section 93 of title 14, United States Code, as amended by
section 202 of this Act, is further amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (v);
(2) by striking the period at the end of paragraph (w) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(x) rent or lease, under such terms and conditions as are
considered by the Secretary to be 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. 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. 206. 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. 207. 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, 2001.''.
SEC. 208. 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
SEC. 301. 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''.
[[Page S12949]]
(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. 302. PENALTIES FOR INTERFERING WITH THE SAFE OPERATION
OF A VESSEL.
(a) In General.--Section 2302 of title 46, United States
Code, is amended--
(1) by amending the section heading to read as follows:
``Sec. 2302. Penalties for negligent operations and
interfering with safe operation'';
and
(2) in subsection (a) by striking ``that endangers'' and
inserting ``or interfering with the safe operation of a
vessel, so as to endanger''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 23 of title 46, United States Code, is
amended by striking the item relating to section 2302 and
inserting the following:
``2302. Penalties for negligent operations and interfering with safe
operation.''.
SEC. 303. GREAT LAKES PILOTAGE ADVISORY COMMITTEE.
Section 9307 of title 46, United States Code, is amended to
read as follows:
``Sec. 9307. Great Lakes Pilotage Advisory Committee
``(a) The Secretary shall establish a Great Lakes Pilotage
Advisory Committee. The Committee--
``(1) may review proposed Great Lakes pilotage regulations
and policies and make recommendations to the Secretary that
the Committee considers appropriate;
``(2) may advise, consult with, report to, and make
recommendations to the Secretary on matters relating to Great
Lakes pilotage;
``(3) may make available to the Congress recommendations
that the Committee makes to the Secretary; and
``(4) shall meet at the call of--
``(A) the Secretary, who shall call such a meeting at least
once during each calendar year; or
``(B) a majority of the Committee.
``(b)(1) The Committee shall consist of 7 members appointed
by the Secretary in accordance with this subsection, each of
whom has at least 5 years practical experience in maritime
operations. The term of each member is for a period of not
more than 5 years, specified by the Secretary. Before filling
a position on the Committee, the Secretary shall publish a
notice in the Federal Register soliciting nominations for
membership on the Committee.
``(2) The membership of the Committee shall include--
``(A) 3 members who are practicing Great Lakes pilots and
who reflect a regional balance;
``(B) 1 member representing the interests of vessel
operators that contract for Great Lakes pilotage services;
``(C) 1 member representing the interests of Great Lakes
ports;
``(D) 1 member representing the interests of shippers whose
cargoes are transported through Great Lakes ports; and
``(E) 1 member representing the interests of the general
public, who is an independent expert on the Great Lakes
maritime industry.
``(c)(1) The Committee shall elect one of its members as
the Chairman and one of its members as the Vice Chairman. The
Vice Chairman shall act as Chairman in the absence or
incapacity of the Chairman, or in the event of a vacancy in
the office of the Chairman.
``(2) The Secretary shall, and any other interested agency
may, designate a representative to participate as an observer
with the Committee. The representatives shall, as
appropriate, report to and advise the Committee on matters
relating to Great Lakes pilotage. The Secretary's designated
representative shall act as the executive secretary of the
Committee and shall perform the duties set forth in section
10(c) of the Federal Advisory Committee Act (5 U.S.C. App.).
``(d)(1) The Secretary shall, whenever practicable, consult
with the Committee before taking any significant action
relating to Great Lakes pilotage.
``(2) The Secretary shall consider the information, advice,
and recommendations of the Committee in formulating policy
regarding matters affecting Great Lakes pilotage.
``(e)(1) A member of the Committee, when attending meetings
of the Committee or when otherwise engaged in the business of
the Committee, is entitled to receive--
``(A) compensation at a rate fixed by the Secretary, not
exceeding the daily equivalent of the current rate of basic
pay in effect for GS-18 of the General Schedule under section
5332 of title 5 including travel time; and
``(B) travel or transportation expenses under section 5703
of title 5.
``(2) A member of the Committee shall not be considered to
be an officer or employee of the United States for any
purpose based on their receipt of any payment under this
subsection.
``(f)(1) The Federal Advisory Committee Act (5 U.S.C. App.)
applies to the Committee, except that the Committee
terminates on September 30, 2003.
``(2) 2 years before the termination date set forth in
paragraph (1) of this subsection, the Committee shall submit
to the Congress its recommendation regarding whether the
Committee should be renewed and continued beyond the
termination date.''.
SEC. 304. ALCOHOL TESTING.
(a) Adminstrative Procedure.--Section 7702 of title 46,
United States Code, is amended by striking the second
sentence of subsection (c)(2) and inserting the following:
``The testing may include preemployment (with respect to
dangerous drugs only), periodic, random, and reasonable cause
testing, and shall include post-accident testing.''.
(b) Increase in Civil Penalty.--Section 2115 of title 46,
United States Code, is amended by striking ``$1,000'' and
inserting ``$5,000''.
(c) Increase in Negligence Penalty.--Section 2302(c)(1) of
title 46, United States Code, is amended by striking ``$1,000
for a first violation and not more than $5,000 for a
subsequent violation; or'' and inserting ``$5,000; or''.
(d) Post Serious Marine Casualty Testing.--
(1) Chapter 23 of title 46, United States Code, is amended
by inserting after section 2303 the following:
``Sec. 2303a. Post serious marine casualty alcohol testing
``(a) The Secretary shall establish procedures to ensure
that after a serious marine casualty 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 casualty is conducted no later
than 2 hours after the casualty occurs, unless such testing
cannot be completed within that time due to safety concerns
directly related to the casualty.
``(b) The procedures in subsection (a) shall require that
if alcohol testing cannot be completed within 2 hours of the
occurrence of the casualty, 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 casualty occurs.''.
(2) The table of sections at the beginning of chapter 23 of
title 46, United States Code, is amended by inserting after
the item related to section 2303 the following:
``2303a. Post serious marine casualty alcohol testing.''.
SEC. 305. 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. 306. SAFETY MANAGEMENT CODE REPORT AND POLICY.
(a) Report on Implementation and Enforcement of the
International Safety Management Code.--
(1) The Secretary of Transportation (in this section
referred to as 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
this Act, 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
[[Page S12950]]
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.
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 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 Federal Water Pollution Control 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, the Corps of
Engineers, and other interested Federal agencies and
departments, establish a task force to assess the adequacy of
the nation's marine transportation system (including ports,
waterways, harbor approach channels, 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 nonfederal 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, the adequacy of depth of approach
channels and harbors, and the cost to the Federal Government
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;
(C) sponsor public and private sector activities to further
refine and implement (under existing authority) the
strategies, recommendations, and plan for action;
(D) evaluate the capability to dispose of dredged materials
that will be produced to accommodate projected increases
referred to in subparagraph (A); and
(E) evaluate the future of the navigational aid system
including the use of virtual aids to navigation on electronic
charts.
(2) The Secretary shall report to Congress on the results
of the assessment no later than July 1, 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 operators
of recreational vessels on the Intracoastal Waterway and
operators of recreational vessels beyond the Boundary Line.
The assessment shall at a minimum--
(1) evaluate the current availability and use of EPIRBs and
similar devices by the operators of recreational vessels and
the actual and potential contribution of such devices to
recreational boating safety; and
(2) provide recommendations on policies and programs to
encourage the availability and use of EPIRBS and similar
devices by the operators of recreational vessels.
SEC. 310. SEARCH AND RESCUE HELICOPTER COVERAGE.
Not later than 9 months after the date of enactment of this
Act, the Commandant shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives--
(1) identifying waters out to 50 miles from the territorial
sea of Maine and other States that cannot currently be served
by a Coast Guard search and rescue helicopter within 2 hours
of a report of distress or request for assistance from such
waters;
(2) providing options for ensuring that all waters of the
area referred to in paragraph (1) can be served by a Coast
Guard search and rescue helicopter within 2 hours of a report
of distress or request for assistance from such waters;
(3) providing an analysis assessing the overall capability
of Coast Guard search and rescue assets to serve each area
referred to in paragraph (1) within 2 hours of a report of
distress or request for assistance from such waters; and
(4) identifying, among any other options the Commandant may
provide as required by paragraph (2), locations in the State
of Maine that may be suitable for the stationing of a Coast
Guard search and rescue helicopter and crew, including any
Coast Guard facility in Maine, the Bangor Air National Guard
Base, and any other locations.
SEC. 311. PETROLEUM TRANSPORTATION.
(a) Definitions.--In this section:
(1) First coast guard district.--The term ``First Coast
Guard District'' means the First Coast Guard District
described in section 3.05-1(b) of title 33, Code of Federal
Regulations.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
(3) Waters of the northeast.--The term ``waters of the
Northeast''--
(A) means the waters subject to the jurisdiction of the
First Coast Guard District; and
(B) includes the waters of Long Island Sound.
(b) Regulations Relating to Waters of the Northeast.--
(1) Towing vessel and barge safety for waters of the
northeast.--
(A) In general.--Not later than December 31, 1998, the
Secretary shall promulgate regulations for towing vessel and
barge safety for the waters of the Northeast.
(B) Incorporation of recommendations.--
(i) In general.--Except as provided in clause (ii), the
regulations promulgated under this paragraph shall give full
consideration to each of the recommendations for regulations
contained in the report entitled ``Regional Risk Assessment
of Petroleum Transportation in the Waters of the Northeast
United States'' issued by the Regional Risk Assessment Team
for the First Coast Guard District on February 6, 1997, and
the Secretary shall provide a detailed explanation if any
recommendation is not adopted.
(ii) Excluded recommendations.--The regulations promulgated
under this paragraph shall not incorporate any recommendation
referred to in clause (i) that relates to anchoring or barge
retrieval systems.
(2) Anchoring and barge retrieval systems.--
(A) In general.--Not later than November 30, 1998, the
Secretary shall promulgate regulations under section 3719 of
title 46, United States Code, for the waters of the
Northeast, that shall give full consideration to each of the
recommendations made in the report referred to in paragraph
(1)(B)(i) relating to anchoring and barge retrieval systems,
and the Secretary shall provide a detailed explanation if any
recommendation is not adopted.
(B) Rule of construction.--Nothing in subparagraph (A)
prevents the Secretary from promulgating interim final
regulations that apply throughout the United States relating
to anchoring and barge retrieval systems that contain
requirements that are as stringent as the requirements of the
regulations promulgated under subparagraph (A).
SEC. 312. SEASONAL COAST GUARD HELICOPTER AIR RESCUE
CAPABILITY.
The Secretary of Transportation is authorized to take
appropriate actions to ensure the establishment and operation
by the Coast Guard of a helicopter air rescue capability
that--
(1) is located at Gabreski Airport, Westhampton, New York;
and
(2) provides air rescue capability from that location from
April 15 to October 15 each year.
SEC. 313. SHIP REPORTING SYSTEMS.
Section 11 of the Ports and Waterways Safety Act (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
cooperation 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).''.
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:
[[Page S12951]]
``Sec. 12124. Surrender of title and number
``(a) A documented vessel shall not be titled by a State or
required to display numbers under chapter 123, and any
certificate of title issued by a State for a documented
vessel shall be surrendered in accordance with regulations
prescribed by the Secretary of Transportation.
``(b) The Secretary may approve the surrender under
subsection (a) of a certificate of title for a vessel covered
by a preferred mortgage under section 31322(d) of this title
only if the mortgagee consents.''.
(b) Conforming Amendment.--The chapter analysis for chapter
121 of title 46, United States Code, is amended by adding at
the end thereof the following:
``12124. Surrender of title and number.''.
(c) Other Amendments.--Title 46, United States Code, is
amended--
(1) by striking section 31322(b) and inserting the
following:
``(b) Any indebtedness secured by a preferred mortgage that
is filed or recorded under this chapter, or that is subject
to a mortgage, security agreement, or instruments granting a
security interest that is deemed to be a preferred mortgage
under subsection (d) of this section, may have any rate of
interest to which the parties agree.'';
(2) by striking ``mortgage or instrument'' each place it
appears in section 31322(d)(1) and inserting ``mortgage,
security agreement, or instrument'';
(3) by striking section 31322(d)(3) and inserting the
following:
``(3) A preferred mortgage under this subsection continues
to be a preferred mortgage even if the vessel is no longer
titled in the State where the mortgage, security agreement,
or instrument granting a security interest became a preferred
mortgage under this subsection.'';
(4) by striking ``mortgages or instruments'' in subsection
31322(d)(2) and inserting ``mortgages, security agreements,
or instruments'';
(5) by inserting ``a vessel titled in a State,'' in section
31325(b)(1) after ``a vessel to be documented under chapter
121 of this title,'';
(6) by inserting ``a vessel titled in a State,'' in section
31325(b)(3) after ``a vessel for which an application for
documentation is filed under chapter 121 of this title,'';
and
(7) by inserting ``a vessel titled in a State,'' in section
31325(c) after ``a vessel to be documented under chapter 121
of this title,''.
SEC. 402. CONVEYANCE OF 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 shall dispose of all
right, title, and interest of the United States in and to
that property, by sale, at fair market value.
(b) Right of First Refusal.--Before a sale is made under
subsection (a) to any other person, the Commandant of the
Coast Guard shall give to the city of Jacksonville, Florida,
the right of first refusal to purchase all or any part of the
property required to be sold under that subsection.
SEC. 403. DOCUMENTATION OF CERTAIN VESSELS.
(a) General Waiver.--Notwithstanding section 27 of the
Merchant Marine Act, 1920 (46 App. U.S.C. 883), section 8 of
the Act of June 19, 1886 (46 App. U.S.C. 289), 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 each of the
following vessels:
(1) SEAGULL (United States official number 1038605).
(2) BAREFOOT CONTESA (United States official number
285410).
(3) PRECIOUS METAL (United States official number 596316).
(4) BLUE HAWAII (State of Florida registration number
FL0466KC).
(5) SOUTHERN STAR (United States official number 650774).
(6) KEEWAYDIN (United States official number 662066).
(7) W.G. JACKSON (United States official number 1047199).
(8) The vessel known as hopper barge E-15 (North Carolina
State official number 264959).
(9) MIGHTY JOHN III (formerly the NIAGARA QUEEN, Canadian
registration number 318746).
(10) MAR Y PAZ (United States official number 668179).
(11) SAMAKEE (State of New York registration number NY 4108
FK).
(12) NAWNSENSE (United States official number 977593).
(13) ELMO (State of Florida registration number FL5337BG).
(14) MANA-WANUI (United States official number 286657).
(15) OLD JOE (formerly TEMPTRESS; United States official
number 991150).
(16) M/V BAHAMA PRIDE (United States official number
588647).
(17) WINDWISP (United States official number 571621).
(18) SOUTHLAND (United States official number 639705).
(19) FJORDING (United States official number 594363).
(20) M/V SAND ISLAND (United States official number
542918).
(21) PACIFIC MONARCH (United States official number
557467).
(22) FLAME (United States official number 279363).
(23) DULARGE (United States official number 653762).
(24) DUSKEN IV (United States official number 952645).
(25) SUMMER BREEZE (United States official number 552808).
(26) ARCELLA (United States official number 1025983).
(27) BILLIE-B-II (United States official number 982069).
(28) VESTERHAVET (United States official number 979206).
(29) BETTY JANE (State of Virginia registration number VA
7271 P).
(30) VORTICE, Bari, Italy, registration number 256.
(31) The barge G. L. 8 (Canadian official number 814376).
(32) YESTERDAYS DREAM (United States official number
680266).
(33) ENFORCER (United States official number 502610).
(34) The vessel registered as State of Oregon registration
number OR 766 YE.
(35) AMICI (United States official number 658055).
(36) ELIS (United States official number 628358).
(37) STURE (United States official number 617703).
(38) CAPT GRADY (United States official number 626257).
(39) Barge number 1 (United States official number 933248).
(40) Barge number 2 (United States official number 256944).
(41) Barge number 14 (United States official number
501212).
(42) Barge number 18 (United States official number
297114).
(43) Barge number 19 (United States official number
503740).
(44) Barge number 21 (United States official number
650581).
(45) Barge number 22 (United States official number
650582).
(46) Barge number 23 (United States official number
650583).
(47) Barge number 24 (United States official number
664023).
(48) Barge number 25 (United States official number
664024).
(49) Barge number 26 (United States official number
271926).
(50) FULL HOUSE (United States official number 1023827).
(51) EMBARCADERO (United States official number 669327).
(52) S.A., British Columbia (Canada official number
195214).
(53) FAR HORIZONS (United States official number 1044011).
(54) LITTLE TOOT (United States official number 938858).
(55) EAGLE FEATHERS (United States official number
1020989).
(56) ORCA (United States official number 665270).
(57) TAURUS (United States official number 955814).
(58) The barge KC-251 (United States official number
CG019166; National Vessel Documentation Center number
1055559).
(59) VIKING (United States official number 224430).
(60) SARAH B (United States official number 928431).
(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) COASTAL TRADER.--Section 1120(g) of the Coast Guard
Authorization Act of 1996 (Public Law 104-324; 110 Stat.
3978) is amended by inserting ``COASTAL TRADER (United States
official number 683227),'' after ``vessels''.
(d) NINA, PINTA, and SANTA MARIA Replicas.--
(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 only for the purpose of
carrying passengers for hire for each of the vessels listed
in paragraph (2).
(2) Vessel descriptions.--The vessels referred to in
paragraph (1) are the following:
(A) NINA (United States Coast Guard vessel identification
number CG034346).
(B) PINTA (United States Coast Guard vessel identification
number CG034345).
(C) NAO SANTA MARIA (United States Coast Guard vessel
identification number CG034344).
(e) Documentation of Vessel COLUMBUS.--
(1) In general.--Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 App. U.S.C. 883), sections 12102 and
12106 of title 46, United States Code, and the endorsement
limitation in section 5501(a)(2)(B) of Public Law 102-587,
and subject to paragraph (2), the Secretary of Transportation
may issue a certificate of documentation with appropriate
endorsement for employment in the coastwise trade for the
vessel COLUMBUS (United States official number 590658).
(2) Limitation.--Coastwise trade referred to in paragraph
(1) may not include the transportation of dredged material
from a project in which the stated intent of the Corps of
Engineers, in its Construction Solicitation, or of another
contracting entity, is that the dredged material is--
(A) to be deposited above mean high tide for the purpose of
beach nourishment;
(B) to be deposited into a fill area for the purpose of
creation of land for an immediate use
[[Page S12952]]
identified in the Construction Solicitation other than
disposal of the dredged material; or
(C) for the intention of immediate sale or resale unrelated
to disposal.
(f) FOILCAT.--
(1) In general.--Notwithstanding sections 12106 and 12108
of title 46, United States Code, section 8 of the Passenger
Vessel Act (46 U.S.C. App. 289), and section 27 of the
Merchant Marine Act, 1920 (46 U.S.C. App. 883), the Secretary
of Transportation may issue a certificate of documentation
with appropriate endorsement for employment in the coastwise
trade for the vessel FOILCAT (United States official number
1063892). The endorsement shall provide that the vessel shall
operate under the certificate of documentation only within
the State of Hawaii and that the vessel shall not operate on
any route served by a passenger ferry as of the date the
Secretary of Transportation issues a certificate of
documentation under this Act.
(2) Termination.--The endorsement issued under paragraph
(1) shall be in effect for the vessel FOILCAT for the
period--
(A) beginning on the date on which the vessel is placed in
service to initiate a high-speed marine ferry demonstration
project sponsored by the State of Hawaii; and
(B) ending on the last day of the 36th month beginning
after the date on which it became effective under
subparagraph (A).
SEC. 404. 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. 405. UNREASONABLE OBSTRUCTION TO NAVIGATION.
Notwithstanding any other provision of law, the liftbridge
over the back channel of the Schuylkill River in
Philadelphia, Pennsylvania, is deemed to unreasonably
obstruct navigation.
SEC. 406. FINANCIAL RESPONSIBILITY FOR OIL SPILL RESPONSE
VESSELS.
Section 1004 of the Oil Pollution Act of 1990 (33 U.S.C.
2704) is amended--
(1) in subsection (a)(1), by striking ``(except'' and all
that follows through ``Act)'' and inserting a comma; and
(2) by adding at the end of subsection (c) the following:
``(4) Certain tank vessels.--Subsection (a)(1) shall not
apply to--
``(A) a tank vessel on which the only oil carried as cargo
is an animal fat or vegetable oil, as those terms are used in
section 2 of the Edible Oil Regulatory Reform Act; and
``(B) a tank vessel that is designated in its certificate
of inspection as an oil spill response vessel (as that term
is defined in section 2101 of title 46, United States Code)
and that is used solely for removal.''.
SEC. 407. CONVEYANCE OF COAST GUARD PROPERTY TO JACKSONVILLE
UNIVERSITY IN JACKSONVILLE, FLORIDA.
(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation may convey
to Jacksonville University, located in Jacksonville, Florida,
without consideration, all right, title, and interest of the
United States in and to the property comprising the Long
Branch Rear Range Light, Jacksonville, Florida.
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
under this section.
(b) Terms and Conditions.--Any conveyance of any property
under this section shall be made--
(1) subject to the terms and conditions the Commandant may
consider appropriate; and
(2) subject to the condition that all right, title, and
interest in and to property conveyed shall immediately revert
to the United States if the property, or any part thereof,
ceases to be used by Jacksonville University.
SEC. 408. PENALTY FOR VIOLATION OF INTERNATIONAL SAFETY
CONVENTION.
(a) In General.--Section 2302 of title 46, United States
Code, is amended by adding at the end the following new
subsection:
``(e)(1) A vessel may not transport Government-impelled
cargoes if--
``(A) the vessel has been detained and determined to be
substandard by the Secretary for violation of an
international safety convention to which the United States is
a party, and the Secretary has published notice of that
detention and determination in an electronic form, including
the name of the owner of the vessel; or
``(B) the operator of the vessel has on more than one
occasion had a vessel detained and determined to be
substandard by the Secretary for violation of an
international safety convention to which the United States is
a party, and the Secretary has published notice of that
detention and determination in an electronic form, including
the name of the owner of the vessel.
``(2) The prohibition in paragraph (1) expires for a vessel
on the earlier of--
``(A) 1 year after the date of the publication in
electronic form on which the prohibition is based; or
``(B) any date on which the owner or operator of the vessel
prevails in an appeal of the violation of the relevant
international convention on which the detention is based.
``(3) As used in this subsection, the term `Government-
impelled cargo' 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.''.
(b) Effective Date.--The amendment made by subsection (a)
takes effect January 1, 1999.
SEC. 409. 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 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 90 days prior
to approving such recognition.
SEC. 410. 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. 411. CLARIFICATION OF LIABILITY OF PERSONS ENGAGING IN
OIL SPILL PREVENTION AND RESPONSE ACTIVITIES.
(a) Clarification of Liability for Preventing Substantial
Threat of Discharge.--Section 311 of the Federal Water
Pollution Control Act (33 U.S.C. 1321) is amended--
(1) in subsection (a)(8) by striking ``to minimize or
mitigate damage'' and inserting ``to prevent, minimize, or
mitigate damage'';
(2) by striking ``and'' after the semicolon at the end of
subsection (a)(23), by striking the period at the end of
subsection (a)(24) and inserting ``; and'', and by adding at
the end of subsection (a) the following:
``(25) `removal costs' means--
``(A) the costs of removal of oil or a hazardous substance
that are incurred after it is discharged; and
``(B) in any case in which there is a substantial threat of
a discharge of oil or a hazardous substance, the costs to
prevent, minimize, or mitigate that threat.''; and
(3) in subsection (c)(4)(A), by striking the period at the
end and inserting the following: ``relating to a discharge or
a substantial threat of a discharge of oil or a hazardous
substance.''.
(b) Oil Spill Mechanical Removal.--Section 311(a)(2) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(a)(2)) is
amended--
[[Page S12953]]
(1) by striking ``and (C)'' and inserting ``, (C)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (D) discharges incidental to mechanical
removal authorized by the President under subsection (c) of
this section''.
SEC. 412. VESSELS NOT SEAGOING MOTOR VESSELS.
(a) Vessel TURMOIL.--
(1) In general.--The vessel described in paragraph (2) is
deemed for all purposes, including title 46, United States
Code, and all regulations thereunder, to be a recreational
vessel of less than 300 gross tons, if--
(A) it does not carry cargo or passengers for hire; and
(B) it does not engage in commercial fisheries or
oceanographic research.
(2) Vessel described.--The vessel referred to in paragraph
(1) is the vessel TURMOIL (British official number 726767).
(b) Pilot Program.--
(1) In general.--The Secretary may establish a pilot
program to exempt a vessel of at least 300 gross tons as
measured under chapter 143 or chapter 145 of title 46, United
States Code, from the requirement to be inspected under
section 3301(7) of title 46, United States Code, as a
seagoing motor vessel, if--
(A) the vessel does not carry any cargo or passengers for
hire;
(B) the vessel does not engage in commercial service,
commercial fisheries, or oceanographic research; and
(C) the vessel does not engage in towing.
(2) Expiration of authority.--The authority to grant the
exemptions under this subsection expires 2 years after the
date of enactment of this Act. Any specific exemptions
granted under this subsection shall nonetheless remain in
effect.
SEC. 413. LAND CONVEYANCE, COAST GUARD STATION OCRACOKE,
NORTH CAROLINA.
(a) Authority To Convey.--The Secretary of Transportation
may convey, without consideration, to the State of North
Carolina (in this section referred to as the ``State''), all
right, title, and interest of the United States in and to a
parcel of real property, together with any improvements
thereon, in Ocracoke, North Carolina, consisting of such
portion of the Coast Guard Station Ocracoke, North Carolina,
as the Secretary considers appropriate for purposes of the
conveyance.
(b) Conditions.--The conveyance under subsection (a) shall
be subject to the following conditions:
(1) That the State accept the property to be conveyed under
that subsection subject to such easements or rights of way in
favor of the United States as the Secretary considers to be
appropriate for--
(A) utilities;
(B) access to and from the property;
(C) the use of the boat launching ramp on the property; and
(D) the use of pier space on the property by search and
rescue assets.
(2) That the State maintain the property in a manner so as
to preserve the usefulness of the easements or rights of way
referred to in paragraph (1).
(3) That the State utilize the property for transportation,
education, environmental, or other public purposes.
(c) Reversion.--(1) If the Secretary determines at any time
that the property conveyed under subsection (a) is not being
used in accordance with subsection (b), all right, title, and
interest in and to the property, including any improvements
thereon, shall revert to the United States, and the United
States shall have the right of immediate entry thereon.
(2) Upon reversion under paragraph (1), the property shall
be under the administrative jurisdiction of the Administrator
of General Services.
(d) Description of Property.--The exact acreage and legal
description of the property conveyed under subsection (a),
and any easements or rights of way granted under subsection
(b)(1), shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the
State.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions with respect to
the conveyance under subsection (a), and any easements or
rights of way granted under subsection (b)(1), as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 414. CONVEYANCE OF COAST GUARD PROPERTY IN SAULT SAINTE
MARIE, MICHIGAN.
(a) Requirement To Convey.--The Secretary of Transportation
(in this section referred to as the ``Secretary'') shall
promptly convey, without consideration, to American Legion
Post No. 3 in Sault Sainte Marie, Michigan, all right, title,
and interest of the United States in and to the parcel of
real property described in section 202 of the Water Resources
Development Act of 1990 (Public Law 101-640), as amended by
section 323 of the Water Resources Development Act of 1992
(Public Law 102-580), comprising approximately 0.565 acres,
together with any improvements thereon.
(b) Condition.--The conveyance under subsection (a) shall
be subject to the condition that the property be used as a
clubhouse for the American Legion Post No. 3.
(c) Reversion.--(1) If the Secretary determines at any time
that the property conveyed under subsection (a) is not being
used in accordance with subsection (b), all right, title, and
interest in and to the property, including any improvements
thereon, shall revert to the United States, and the United
States shall have the right of immediate entry thereon.
(2) Upon reversion under paragraph (1), the property shall
be under the administrative jurisdiction of the Administrator
of General Services.
(d) Description of Property.--The exact acreage and legal
description of the property conveyed under subsection (a)
shall be determined by a survey satisfactory to the
Secretary. The cost of the survey shall be borne by the
American Legion Post No. 3.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions with respect to
the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 415. INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE
DISPOSAL.
(a) In General.--
(1) Subject to subsection (b), the Secretary of
Transportation shall continue to implement and enforce the
United States Coast Guard 1997 Enforcement Policy for Cargo
Residues on the Great Lakes and revisions thereto that are
made in accordance with that Policy (hereinafter in this
section referred to as the ``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 effective date of regulations promulgated pursuant
to legislation enacted subsequent to the enactment of this
Act 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; or
(2) September 30, 2002.
SEC. 416. 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) The Mukilteo Light Station, located in Mukilteo,
Washington, to the City of Mukilteo.
(D) Eagle Harbor Light Station, located in Michigan, to the
Keweenaw County Historical Society.
(E) Cape Decision Light Station, located in Alaska, to the
Cape Decision Lighthouse Society.
(F) Cape St. Elias Light Station, located in Alaska, to the
Cape St. Elias Light Keepers Association.
(G) Five Finger Light Station, located in Alaska, to the
Juneau Lighthouse Association.
(H) Point Retreat Light Station, located in Alaska, to the
Alaska Lighthouse Association.
(I) Hudson-Athens Lighthouse, located in New York, to the
Hudson-Athens Lighthouse Preservation Society.
(J) Georgetown Light, located in Georgetown County, South
Carolina, to the South Carolina Department of Natural
Resources.
(K) Coast Guard Light Station Two Harbors, located in Lake
County, Minnesota, to the Lake County Historical Society.
(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
[[Page S12954]]
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.
(5) Lake county historical society.--The term ``Lake County
Historical Society'' means the Lake County Historical Society
(a nonprofit corporation established under the laws of the
State of Minnesota), its parent organization or subsidiary,
if any, and its successors and assigns.
(d) 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 in which the lighthouse or light
station is located, (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, that such
property is excess to the needs of the Coast Guard.
(e) 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. 417. CONVEYANCE OF COAST GUARD LORAN STATION NANTUCKET.
(a) Authority to Convey.--
(1) In general.--The Commandant of the United States Coast
Guard may convey, by an appropriate means of conveyance, all
right, title, and interest of the United States in and to
approximately 29.4 acres of land, together with the
improvements thereon, at Coast Guard LORAN Station Nantucket,
Nantucket, Massachusetts, to the Town of Nantucket,
Massachusetts (``the Town'') unless the Commandant, or his
delegate, in his sole discretion determines that the
conveyance would not provide a public benefit.
(2) Identification of property.--
(A) The Commandant may identify, define, describe, and
determine the real property to be conveyed under this
section.
(B) The Commandant shall determine the exact acreage and
legal description of the property to be conveyed under this
section by a survey satisfactory to the Commandant. The cost
of the survey shall be borne by the Town.
(b) Terms of Conveyance.--
(1) In general.--The conveyance of real property under this
section shall be made--
(A) without payment of consideration; and
(B) subject to the following terms and conditions:
(i) The Town shall not, upon the property conveyed, allow,
conduct, or permit any activity, or operate, allow, or permit
the operation of, any equipment or machinery, that would
interfere or cause interference, in any manner, with any aid
to navigation located upon property retained by the United
States at Coast Guard LORAN Station Nantucket, without the
express written permission from the Commandant.
(ii) The Town shall maintain the real property conveyed in
a manner consistent with the present and future use of any
property retained by the United States at Coast Guard LORAN
Station Nantucket as a site for an aid to navigation.
(iii) Any other terms and conditions the Commandant
considers appropriate to protect the interests of the United
States, including the reservation of easements or other
rights on behalf of the United States.
(2) Reversionary interest.--The conveyance of real property
pursuant to this section shall be subject to the condition
that all right, title, and interest in such property shall
immediately revert to the United States if--
(A) the property, or any part thereof, ceases to be owned
and used by the Town;
(B) the Town fails to maintain the property conveyed in a
manner consistent with the terms and conditions in paragraph
(1); or
(C) at least 30 days before such reversion, the Commandant
provides written notice to the Town that the property
conveyed is needed for national security purposes.
SEC. 418. 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 Oregon; in this
section referred to as ``the recipient''), without
consideration, if--
(1) the recipient agrees--
(A) to use the vessel for purposes of providing medical
services to Central and South Pacific island nations;
(B) not to use the vessel for commercial transportation
purposes except those incident to the provisions of those
medical services;
(C) to make the vessel available to the United States
Government if needed for use by the Commandant in times of
war or a national emergency; and
(D) to hold the Government harmless for any claims arising
from exposure to hazardous materials, including asbestos and
polychlorinated biphenyls (PCBs), after conveyance of the
vessel, except for claims arising from the use by the
Government under paragraph (1)(C);
(2) the recipient has funds available that will be
committed to operate and maintain each vessel conveyed in
good working condition, in the form of cash, liquid assets,
or a written loan commitment, and in the amount of at least
$400,000 per vessel; and
(3) the recipient agrees to any other conditions the
Commandant considers appropriate.
(b) Maintenance and Delivery of Vessels.--Prior to
conveyance of a vessel under this section, the Commandant
shall, to the extent practical, and subject to other Coast
Guard mission requirements, make every effort to maintain the
integrity of the vessel and its equipment until the time of
delivery. If a conveyance is made under this section, the
Commandant shall deliver the vessel at the place where the
vessel is located, in its present condition, and without cost
to the Government. The conveyance of the vessel under this
section shall not be considered a distribution in commerce
for purposes of section 6(e) of Public Law 94-469 (15 U.S.C.
2605(e)).
(c) Other Excess Equipment.--The Commandant may convey to
the recipient of a vessel under this section any excess
equipment or parts from other decommissioned Coast Guard
vessels for use to enhance the vessel's operability and
function as a medical services vessel in Central and South
Pacific Islands.
SEC. 419. 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. 420. 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. 421. 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. 422. DREDGE CLARIFICATION.
Section 5209(b) of the Oceans Act of 1992 (46 U.S.C. 2101
note) is amended by adding at the end thereof the following:
``(3) A vessel--
``(A) configured, outfitted, and operated primarily for
dredging operations; and
``(B) engaged in dredging operations which transfers fuel
to other vessels engaged in the same dredging operations
without charge.''.
SEC. 423. DOUBLE HULL ALTERNATIVE DESIGNS STUDY.
Section 4115(e) of the Oil Pollution Act of 1990 (46 U.S.
Code 3703a note) is amended by adding at the end thereof the
following:
``(3)(A) The Secretary of Transportation shall coordinate
with the Marine Board of the National Research Council to
conduct the necessary research and development of a
rationally based equivalency assessment approach, which
accounts for the overall environmental performance of
alternative tank vessel designs. Notwithstanding the Coast
Guard opinion of the application of sections 101 and 311 of
the Clean Water Act (33 U.S.C. 1251 and 1321), the intent
[[Page S12955]]
of this study is to establish an equivalency evaluation
procedure that maintains a high standard of environmental
protection, while encouraging innovative ship design. The
study shall include:
``(i) development of a generalized cost spill data base,
which includes all relevant costs such as clean-up costs and
environmental impact costs as a function of spill size;
``(ii) refinement of the probability density functions used
to establish the extent of vessel damage, based on the latest
available historical damage statistics, and current research
on the crash worthiness of tank vessel structures;
``(iii) development of a rationally based approach for
calculating an environmental index, to assess overall outflow
performance due to collisions and groundings; and
``(iv) application of the proposed index to double hull
tank vessels and alternative designs currently under
consideration.
``(B) A Marine Board committee shall be established not
later that 2 months after the date of enactment of the Coast
Guard Authorization Act of 1998. 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 of 1998.
``(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. 424. 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).
(d) Section 3(6)(B) of the Shipping Act of 1984 (46 U.S.C.
App. 1702(6)(B)) is amended by striking ``parcel-tanker.''
and inserting ``parcel-tanker or by vessel when primarily
engaged in the carriage of perishable agricultural
commodities (i) if the common carrier and the owner of those
commodities are wholly-owned, directly or indirectly, by a
person primarily engaged in the marketing and distribution of
those commodities and (ii) only with respect to the carriage
of those commodities.''.
SEC. 425. REPORTS.
(a) 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.
(b) Marine Guidance Systems.--The Secretary of
Transportation shall, within 12 months after the date of the
enactment of this Act, evaluate and report to the Congress on
the suitability of marine sector laser lighting, cold cathode
lighting, and ultraviolet enhanced vision technologies for
use in guiding marine vessels and traffic.
SEC. 426. 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 and the
justification thereof.
SEC. 427. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET
VESSELS.
(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 either or both
of the vessels S.S. AMERICAN VICTORY (United States official
number 248005) and S.S. HATTIESBURG VICTORY (United States
official number 248651) to The Victory Ship, Inc., located in
Tampa, Florida (in this section referred to as the
``recipient''), and the recipient may use each vessel
conveyed 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 a vessel--
(A) at the place where the vessel is located on the date of
conveyance;
(B) in its condition on that date; and
(C) at no cost to the Federal Government.
(2) Required conditions.--The Secretary may not convey a
vessel under this section unless--
(A) the recipient agrees to hold the Government harmless
for any claims arising from exposure to hazardous material,
including asbestos and polychlorinated biphenyls, after
conveyance of the vessel, except for claims arising before
the date of the conveyance or from use of the vessel by the
Government after that date; and
(B) the recipient has available, for use to restore the
vessel, in the form of cash, liquid assets, or a written loan
commitment, financial resources of at least $100,000.
(3) Additional terms.--The Secretary may require such
additional terms in connection with the conveyance authorized
by this section as the Secretary considers appropriate.
(c) Other Unneeded Equipment.--The Secretary may convey to
the recipient of any 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. 428. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET
VESSEL, JOHN HENRY.
(a) Authority to Convey.--Notwithstanding any other law,
the Secretary of Transportation (in this section referred to
as ``the Secretary'') may convey all right, title, and
interest of the United States Government in and to the vessel
JOHN HENRY (United States official number 599294) to a
purchaser for use in humanitarian relief efforts, including
the provision of water and humanitarian goods to developing
nations.
(b) Terms of Conveyance.--
(1) Delivery of vessel.--In carrying out subsection (a),
the Secretary shall deliver the vessel--
(A) at the place where the vessel is located on the date of
conveyance;
(B) in its condition on that date;
(C) at no cost to the United States Government; and
(D) only after the vessel has been redesignated as not
militarily useful.
(2) Required conditions.--The Secretary may not convey a
vessel under this section unless--
(A) competitive procedures are used for sales under this
section;
(B) the vessel is sold for not less than the fair market
value of the vessel in the United States, as determined by
the Secretary of Transportation;
(C) the recipient agrees that the vessel shall not be used
for commercial transportation purposes or for the carriage of
cargoes reserved to United States flag commercial vessels
under section 901(b) and 901f of the Merchant Marine Act,
1936 (46 U.S.C. App. 1241(b) and 1241f);
(D) the recipient agrees to hold the Government harmless
for any claims arising from exposure to hazardous material,
including asbestos and polychlorinated biphenyls, after the
conveyance of the vessel, except for claims arising before
the date of the conveyance or from use of the vessel by the
Government after that date; and
(E) the recipient provides sufficient evidence to the
Secretary that it has financial resources in the form of
cash, liquid assets, or a written loan commitment of at least
$100,000.
(F) the recipient agrees to make the vessel available to
the Government if the Secretary requires use of the vessel by
the Government for war or national emergency.
(G) the recipient agrees to document the vessel under
chapter 121 of title 46, United States Code.
(3) Additional terms.--The Secretary may require such
additional terms in connection with the conveyance authorized
by this section as the Secretary considers appropriate.
(c) Proceeds.--Any amounts received by the United States as
proceeds from the sale of the M/V JOHN HENRY shall be
deposited in the Vessel Operations Revolving Fund established
by the Act of June 2, 1951 (chapter 121; 46 U.S.C. App.
1241a) and shall be available and expended in accordance with
section 6(a) of the National Maritime Heritage Act (16 U.S.C.
App. 5405(a)).
SEC. 429. 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).
[[Page S12956]]
``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).
``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 on plat of survey of `Boundary Agreement of
CAFB' by D.W. Jessen and Associates, Civil Engineers,
Lake Charles, Louisiana, dated August 7, 1973, and filed
in Plat Book 23, at page 20, Records of Calcasieu Parish,
Louisiana; thence N45 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.''.
SEC. 430. BARGE APL-60.
(a) 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).
(b) Limitations.--The vessel described in subsection (a)
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.
(c) Termination.--A coastwise endorsement issued under
subsection (a) shall terminate on the earlier of--
(1) the completion of the final coastwise trade voyage
associated with the ship disposal initiative described in
subsection (b); or
(2) the sale or transfer of the vessel described in
subsection (a) to an owner other than the owner of the vessel
as of October 1, 1998.
SEC. 431. VESSEL FINANCING FLEXIBILITY.
The Secretary of Transportation may guarantee obligations
under section 1103 of the Merchant Marine Act, 1936 (46 App.
U.S.C.1273), for the vessels planned for construction to be
purchased by the American West Steamboat Company and to be
named QUEEN OF THE YUKON, which will operate on the Yukon and
Tanana Rivers, and EMPRESS OF THE NORTH, which will operate
in Alaska, Washington, and Oregon. Notwithstanding sections
509, 1103(c)), and 1104A(b) of the Merchant Marine Act, 1936
(46 App. U.S.C. 1159, 1273(c), and 1274(b)), the Secretary of
Transportation may guarantee obligations of 87\1/2\ percent
of the purchase price of such vessels. Each obligation
guaranteed under this section may have a maturity date of 25
years from the date of delivery of the vessel concerned.
SEC. 432. HYDROGRAPHIC FUNCTIONS.
(a) Effective Date.--Subsections (b) and (c) shall take
effect immediately after the later of--
(1) the enactment of the Hydrographic Services Improvement
Act of 1998; or
(2) the enactment of this Act.
(b) Authorization of Appropriations.--Section 306 of the
Hydrographic Services Improvement Act of 1998 is amended to
read as follows:
``SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to the
Administrator the following:
``(1) To carry out nautical mapping and charting functions
under the Act of 1947 and sections 303 and 304, except for
conducting hydrographic surveys, $33,000,000 for fiscal year
1999, $34,000,000 for fiscal year 2000, and $35,000,000 for
fiscal year 2001.
``(2) To conduct hydrographic surveys under section
303(a)(1), including the leasing of ships, $33,000,000 for
fiscal year 1999, $35,000,000 for fiscal year 2000, and
$37,000,000 for fiscal year 2001. Of these amounts, no more
than $16,000,000 is authorized for any one fiscal year to
operate hydrographic survey vessels owned and operated by the
Administration.
``(3) To carry out geodetic functions under the Act of
1947, $25,000,000 for fiscal year 1999, $30,000,000 for
fiscal year 2000, and $30,000,000 for fiscal year 2001.
``(4) To carry out tide and current measurement functions
under the Act of 1947, $22,500,000 for each of fiscal years
1999 through 2001. Of these amounts $4,500,000 is authorized
for each fiscal year to implement and operate a national
quality control system for real-time tide and current and
maintain the national tide network, and $7,000,000 is
authorized for each fiscal year to design and install real-
time tide and current data measurement systems under section
303(b)(4).''.
(c) Repeal of Report Requirements.--Section 305 of the
Hydrographic Services Improvement Act of 1998 is amended by
striking subsections (a) and (d).
TITLE V--ADMINISTRATIVE PROCESS FOR JONES ACT WAIVERS
SEC. 501. FINDINGS.
The Congress finds that--
(1) current coastwise trade laws provide no administrative
authority to waive the United-States-built requirement of
those laws for the limited carriage of passengers for hire on
vessels built or rebuilt outside the United States;
(2) requests for such waivers require the enactment of
legislation by the Congress;
(3) each Congress routinely approves numerous such requests
for waiver and rarely rejects any such request; and
(4) the review and approval of such waiver requests is a
ministerial function which properly should be executed by an
administrative agency with appropriate expertise.
SEC. 502. ADMINISTRATIVE WAIVER OF COASTWISE TRADE LAWS.
Notwithstanding sections 12106 and 12108 of title 46,
United States Code, section 8 of the Act of June 19, 1886 (46
U.S.C. App. 289), and section 27 of the Merchant Marine Act,
1920 (46 U.S.C. App. 883), the Secretary of Transportation
may issue a certificate of documentation with appropriate
endorsement for employment in the coastwise trade as a 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 small passenger
vessel or an uninspected passenger vessel; or
(2) the employment of the vessel adversely affects--
(A) United States vessel builders; or
(B) the coastwise trade business of any person who employs
vessels built in the United States.
SEC. 504. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(2) Eligible vessel.--The term ``eligible vessel'' means a
vessel that--
(A) was not built in the United States and is at least 3
years of age; or
(B) if rebuilt, was rebuilt outside the United States at
least 3 years before the certification requested under
section 502, if granted, would take effect.
(3) Small passenger vessel; uninspected passenger vessel;
passenger for hire.--The terms ``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.
SEC. 505. SUNSET.
(a) In General.--Subject to subsection (b), this title
(other than this section) shall have no force or effect on or
after September 30, 2002.
(b) Endorsements Continue.--Any certificate or endorsement
issued under section 502 before the date referred to in
subsection (a) of this section shall continue in effect until
otherwise invalidated or revoked under chapter 121 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,
[[Page S12957]]
Florida, Puerto Rico, and the United States 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
United States estuaries experience hypoxia for at least part
of the year and a 7,000 square mile area in the Gulf of
Mexico off Louisiana and Texas suffers from hypoxia;
(8) according to some scientists, a factor believed to
cause hypoxia is excessive nutrient loading into coastal
waters;
(9) there is a need to identify more workable and effective
actions to reduce nutrient loadings to coastal waters;
(10) the National Oceanic and Atmospheric Administration,
through its ongoing research, education, grant, and coastal
resource management programs, possesses a full range of
capabilities necessary to support a near and long-term
comprehensive effort to prevent, reduce, and control harmful
algal blooms and hypoxia;
(11) funding for the research and related programs of the
National Oceanic and Atmospheric Administration will aid in
improving the Nation's understanding and capabilities for
addressing the human and environmental costs associated with
harmful algal blooms and hypoxia; and
(12) other Federal agencies such as the Environmental
Protection Agency, the Department of Agriculture, and the
National Science Foundation, along with the States, Indian
tribes, and local governments, conduct important work related
to the prevention, reduction, and control of harmful algal
blooms and hypoxia.
SEC. 603. ASSESSMENTS.
(a) Establishment of Inter-Agency Task Force.--The
President, through the Committee on Environment and Natural
Resources of the National Science and Technology Council,
shall establish an Inter-Agency Task Force on Harmful Algal
Blooms and Hypoxia (hereinafter referred to as the ``Task
Force''). The Task Force shall consist of the following
representatives from--
(1) the Department of Commerce (who shall serve as Chairman
of the Task Force);
(2) the Environmental Protection Agency;
(3) the Department of Agriculture;
(4) the Department of the Interior;
(5) the Department of the Navy;
(6) the Department of Health and Human Services;
(7) the National Science Foundation;
(8) the National Aeronautics and Space Administration;
(9) the Food and Drug Administration;
(10) the Office of Science and Technology Policy;
(11) the Council on Environmental Quality; and
(12) such other Federal agencies as the President considers
appropriate.
(b) Assessment of Harmful Algal Blooms.--
(1) Not later than 12 months after the date of enactment of
this title, the Task Force, in cooperation with the coastal
States, Indian tribes, and local governments, industry
(including agricultural organizations), academic
institutions, and 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 to hypoxia; and
(C) provide for Federal cooperation and coordination with
and assistance to the States, Indian tribes, and local
governments in the prevention, reduction, management,
mitigation, and control of hypoxia and its environmental
impacts.
(e) Disestablishment of Task Force.--The President may
disestablish the Task Force after submission of the plan in
section 604(d).
SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.
(a) Assessment Report.--Not later than May 30, 1999, the
Task Force shall complete and submit to Congress and the
President an integrated assessment of hypoxia in the northern
Gulf of Mexico that examines: the distribution, dynamics, and
causes; ecological and economic consequences; sources and
loads of nutrients transported by the Mississippi River to
the Gulf of Mexico; effects of reducing nutrient loads;
methods for reducing nutrient loads; and the social and
economic costs and benefits of such methods.
(b) Submission of a Plan.--No later than March 30, 2000,
the President, in conjunction with the chief executive
officers of the States, shall develop and submit to Congress
a plan, based on the integrated assessment submitted under
subsection (a), for reducing, mitigating, and controlling
hypoxia in the northern Gulf of Mexico. In developing such
plan, the President shall consult with State, Indian tribe,
and local governments, academic, agricultural, industry, and
environmental groups and representatives. Such plan shall
include incentive-based partnership approaches. The plan
shall also include the social and economic costs and benefits
of the measures for reducing, mitigating, and controlling
hypoxia. At least 90 days before the President submits such
plan to the Congress, a summary of the proposed plan shall be
published in the Federal Register for a public comment period
of not less than 60 days.
SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce for research, education, and monitoring activities
related to the prevention, reduction, and control of harmful
algal blooms and hypoxia, $15,000,000 for fiscal year 1999,
$18,250,000 for fiscal year 2000, and $19,000,000 for fiscal
year 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) $1,500,000 for fiscal year 1999, $1,500,000 for fiscal
year 2000, and $2,000,000 for fiscal year 2001 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) $4,000,000 for fiscal year 1999, $5,500,000 for fiscal
year 2000, and $5,500,000 for fiscal year 2001 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) $1,000,000 for fiscal year 1999, $2,000,000 for fiscal
year 2000, and $2,000,000 for fiscal year 2001 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 for each of the fiscal years 1999, 2000, and
2001 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; and
(5) $3,000,000 for fiscal year 1999, $3,750,000 for fiscal
year 2000, and $4,000,000 for fiscal year 2001 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. 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.
Mr. BAUCUS. I understand that the House has sent the Senate a
substitute to H.R. 2204, the Coast Guard Authorization Act of 1998,
that includes a provision that would amend the Clean Water Act.
Mr. CHAFEE. The Senator is correct. The version of H.R. 2204 that
first passed the House last year included a section that made a change
to the Clean Water Act to clarify liability concerns of the oil spill
response industry. The Senate-passed H.R. 2204 on Monday, October 12,
1998, but it did not include the provision. The House amendment that is
now before the Senate includes this provision in section 411(b).
Mr. BAUCUS. Senator, would you please describe the intent of the
provision?
[[Page S12958]]
Mr. CHAFEE. The intent of this provision is to make it clear that
discharges incidental to mechanical removal authorized by the President
are not themselves separate and distinct acts of discharge within the
meaning of the Clean Water Act. Our purpose is that persons, such as
cleanup contractors, whose sole connection to discharges is cleanup or
removal, will not be held responsible for unavoidable inconsequential
discharges which are a function only of available response technology.
For example, mechanical removal activities such as the ``decanting'' or
separation of water from recovered oil usually involve the return of
excess water into the response area. Since mechanical removal devices
do not operate with 100% efficiency, some oil from the original
discharge is entrained with the return water flow to the water body
being mechanically cleaned.
Section 411(b) is not intended to alter the liability of responsible
parties in any fashion. It is not intended to enable a responsible
party to attribute any portion of the oil originally spilled to a
subsequent release incident to the mechanical oil removal process. In
other words, this provision is not intended to alter Congress' intent
as expressed in section 311(c)(4)(B) of the Clean Water Act. It is
limited solely to actions approved by the President in accordance with
Clean Water Act section 311(c). In addition, this provision does not
alter in any way the penalty calculation set forth in this section.
Mr. BAUCUS. Thank you.
Mr. McCAIN. Mr. President, I rise in support of the Coast Guard
Reauthorization Act. The House recently passed an amended version of
the Senate Coast Guard bill. While I support the overall
reauthorization of the Coast Guard, I want to comment on several
provisions contained in the House passed bill.
There is currently an administrative process in place to convey
excess Federal government property. I believe that legislation which
mandates the transfer or disposal of Federal property under terms which
circumvent the established administrative procedures is inappropriate.
Consequently, the Senate bill used discretionary language to address
certain conveyances requested by individual senators. However, the
House bill includes mandatory legislative conveyances. In this case
only, I am accepting the mandatory language because I am satisfied that
the Coast Guard is willing and prepared to make each of these
particular conveyances.
Another important difference between the House and Senate passed
bills relates to drug interdiction. I sponsored an amendment in the
Senate bill which would have established criminal sanctions for the
knowing failure to obey an order to land an airplane. As a former
pilot, let me clearly state that this provision was not designed to put
any pilot at risk of an arbitrary or random forced landing. Arbitrary
or random forced landings are impermissible under the Senate provision.
As with all aviation legislation in which I have been involved, safety
is a top priority. Under current law, if a Federal law enforcement
officer who is enforcing drug smuggling or money laundering laws
witnesses a person loading tons of cocaine onto a plane in Mexico, sees
the plane take off and enter the United States, he may issue an order
to land, and if the pilot knowingly disobeys that order, there is
currently no criminal penalty associated with such a failure to obey
the order.
The criminal sanctions contained in the Senate bill would only be
applied to a person who knowingly disobeyed an order to land issued by
a Federal law enforcement agent who is enforcing drug smuggling or
money laundering laws. The bill would also require the Federal Aviation
Administration (FAA) to write regulations defining the means by and
circumstances under which it would be appropriate to order an aircraft
to land. One of the FAA's essential missions is aviation safety.
Accordingly, the FAA would be required to ensure that any such order is
clearly communicated in accordance with international standards.
Moreover, the FAA would be further required to specify when an order to
land may be issued based on observed conduct, prior information, or
other circumstances. Therefore, orders to land would have to be
justifiable, not arbitrary or random. Orders to land would only be
issued in cases where the authorized federal law enforcement agent has
observed conduct or possesses reliable information which provides
sufficient evidence of a violation of Federal drug smuggling or money
laundering laws. If enacted, I would take every step possible to ensure
that this provision does not diminish safety in any way.
Last year, 430 metric tons of cocaine entered the United States from
Mexico. In 1995, drugs cost taxpayers an estimated $109 billion. The
average convicted drug smuggler was sentenced to only 4.3 years in
jail, and is expected to serve less than half of that sentence. It is
incumbent on all of us to fight the war on drugs with every responsible
and safe measure at our disposal. The provision in the Senate bill
would help those men and women who fight the war on drugs at our
borders by providing an additional penalty for those who knowingly
disobey the law.
A provision included in both the House and Senate bill relates to the
International Safety Management Code (ISM Code). On July 1, 1998, the
owners and operators of passenger vessels, tankers and bulk carriers
were required to have in place safety management systems which meet the
requirements of the ISM Code. On July 1, 2002, all other large cargo
ships and self-propelled mobile offshore drilling units will have to
comply. Companies and vessels not ISM Code-certified are not permitted
to enter U.S. waters.
Shipowners required to comply with the ISM Code have raised concerns
that the ISM Code may be misused. The ISM Code requires a system of
internal audits and reporting systems which are intended to encourage
compliance with applicable environmental and vessel safety standards.
However, the documents produced as a result of the ISM Code would also
provide indications of past non-conformities. Obviously, for this
information to be useful in rectifying environmental and safety
concerns, it must be candid and complete. However, this information,
prepared by shipowners or operators, may be used in enforcement actions
against a shipowner or operator, crews and shoreside personnel by
governmental agencies and may be subject to discovery in civil
litigation.
The provision in both the Senate and House bills would require the
Secretary to conduct a study to examine the operation of the ISM Code,
taking into account the effectiveness of internal audits and reports.
After completion of the study, the Secretary is required to develop a
policy to achieve full compliance with and effective implementation of
the ISM Code. Under the provision, the public shall be given the
opportunity to participate in and comment on the study. In addition, it
may be appropriate for the Secretary to form a working group of
affected private parties to assist in the development of the study and
the issuance of the required policy and any resulting legislative
recommendations. Any private citizen who is a member of any such
working group cannot receive any form of government funds,
reimbursement or travel expenses for participation in, or while a
member of, the working group.
The bill also includes a provision that would fix a curious conflict
in maritime statutes that currently prohibits U.S. and foreign
commercial vessel operators from agreeing among themselves to comply
with the Maritime Administration's cargo preference policies concerning
vessel sharing agreements, but allows the Maritime Administration to
impose those policies on the agreements themselves. The vessel sharing
agreement provision in the bill would allow the commercial vessel
operators to voluntarily comply with that policy. This provision is
consistent with a recent U.S. appeals court decision on this issue and
simply preserves the status quo. The proper place to resolve concerns
with cargo preference, many of which I share, is in the cargo
preference statutes themselves.
Mr. INOUYE. Mr. President, I rise today in support of the
Coast Guard Authorization Act.
Since 1790 the U.S. Coast Guard and its predecessor services have
done a truly outstanding job of protecting America's coasts and
maritime interests. Today, the Coast Guard is recognized as the
``Premier Maritime Service in the World'' and a model of efficiency
within the federal government.
[[Page S12959]]
Despite drastic reductions in resources and personnel over the last
several years, the result of government downsizing and shrinking
budgets, the Coast Guard has admirably maintained a high level of
service. The Coast Guard has met the challenges of a growing number of
missions while continuously improving performance in its existing
mission areas of law enforcement, maritime safety, marine environmental
protection, and national security. With personal strength at the lowest
level since 1967, and the smallest fleet of aircraft and seagoing
cutters since 1989, the men and women of the Coast Guard continue to
provide outstanding service to our nation. Since 1992, the number of
fisheries boarding conducted by Coast Guard personnel has increased by
62%. Since 1983, the number of undocumented migrants interdicted by the
Coast Guard has grown by 635%. Last year, arrests of cocaine
traffickers were up 1000%, and cocaine seizures were triple the
previous year. Through these incredible interdiction efforts, the Coast
Guard kept more than 468 million cocaine ``hits'' and 100 million
marijuana ``joints'' off American streets last year. The estimated
street value of these seizures is more than $4.2 billion--$1 billion
more than the Coast Guard's entire 1997 discretionary budget.
The return on investment provided to the American taxpayer by the
Coast Guard is not unique to its drug enforcement mission. In the area
of Search and Rescue alone, the Coast Guard provided the American
public with a 4-to-1 return on investment last year represented by
5,000 lives saved and 65,000 persons assisted. Further, Coast Guard
prevention efforts have contributed to a 50% reduction in major oil
spills over the past 10 years and a 43% decline in recreational boating
deaths since 1970.
Mr. President, many in this country have no knowledge of the U.S.
Coast Guard. Many do not realize the Coast Guard operates throughout
the world and, in addition to its many other missions, is this nation's
fifth armed service. Many do not realize that the U.S. Coast Guard
participated extensively in the Persian Gulf War and, in fact, still
has personnel in the Persian Gulf enforcing the embargo against Iraq,
as well as in other ``hot spots'' around the world. Coast Guard
cutters, aircraft and personnel routinely deploy throughout the world
in support of Coast Guard missions ranging from search and rescue, law
enforcement, and environmental protection to ice breaking, port
security, and vessel safety.
Mr. President, the U.S. Coast Guard is an agency in which the U.S.
should invest, not divest. This bill authorizes adequate funding and
includes other provisions to allow the Coast Guard to continue to carry
out its important work. For these reasons, I urge the passage of this
important measure.
Mr. LEVIN. Mr. President, I have serious objections to a provision in
the Coast Guard authorization bill that was inserted in the House bill
in a managers amendment with no hearings or vote in the Senate. This
provision grants a waiver of existing law for a single vessel operating
on the Great Lakes and elsewhere against the wishes of both Michigan
Senators and other Senators and in circumvention of a Customs Service
ruling regarding the type of dredge work this vessel is allowed to
perform.
This waiver is a discriminatory provision which gives special
treatment and a competitive advantage to one vessel at the expense of
its competitors.
Mr. President, the granting of this waiver will be detrimental to
other dredgers on the Great Lakes and elsewhere who are abiding by U.S.
law and U.S. Customs Service interpretations of the Jones Act. The
hopper dredge vessel Columbus, the vessel seeking the waiver, was
challenged by a competitor for violating the Jones Act because it was
performing dredging work that was not allowed under that Act. That
challenge was upheld by the U.S. Customs Service. However, instead of
abiding by or appealing the Customs Service ruling, a legislative
waiver was sought to circumvent that ruling. The waiver was granted by
the House, but not the Senate because the Senate passed Coast Guard
authorization bill did not contain this discriminatory provision.
I want to make clear that the only reason this waiver will be
included in the final Coast Guard authorization bill is due to the
circumstances under which this bill is being considered. Under normal
circumstances, I believe the Senate would have removed this provision
from the final bill.
Next year I will introduce legislation to repeal the Jones Act waiver
that is contained in the Coast Guard authorization bill, H.R. 2204, for
the vessel Columbus. Mr. Chairman, it's my understanding that you and
Senator Snowe will work with me to repeal this waiver as early as
possible next year.
Ms. SNOWE. I recognize the concerns of the senior Senator from
Michigan about this waiver. I will work with you to repeal the Jones
Act waiver for the vessel Columbus.
Mr. McCAIN. I also recognize the Senator's concerns and I will work
with the Senator from Michigan to find a solution that eliminates an
unfair competitive disadvantage when the Commerce Committee considers
the legislation as early as possible next year. This is a complex issue
and I am sure that the Senator from Michigan would agree that fairness
to all parties involved must be taken into account in addressing it. I
would also like to address the broader issue of what type of dredging
should be conducted on the Great Lakes so there is clarification on
this issue in the future.
Mr. LOTT. Mr. President, I ask unanimous consent the Senate agree to
the amendment of the House.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LOTT. Mr. President, I understand most all of the legislative and
Executive Calendar items that can be cleared have been considered by
the Senate. We are still working on some of the nominations for
clearance. I thank all of my colleagues for their cooperation in the
105th Congress. I hope they have a good campaign season and period at
home with their constituents and that we can work together on some very
important issues in the 106th Congress.
We will have the final close in a few moments, but I understand there
are at least one or two Senators who will have statements before we get
to that.
Once again, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. DeWINE. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________