[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.

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