[104th Congress Public Law 324]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ324.104]
[[Page 110 STAT. 3901]]
Public Law 104-324
104th Congress
An Act
To authorize appropriations for the United States Coast Guard, and for
other purposes. <<NOTE: Oct. 19, 1996 - [S. 1004]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Coast Guard Authorization
Act of 1996.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Authorization Act of
1996''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
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. Quarterly reports on drug interdiction.
Sec. 104. Sense of the Congress regarding funding for Coast Guard.
TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT
Sec. 201. Provision of child development services.
Sec. 202. Hurricane Andrew relief.
Sec. 203. Dissemination of results of 0-6 continuation boards.
Sec. 204. Exclude certain reserves from end-of-year strength.
Sec. 205. Officer retention until retirement eligible.
Sec. 206. Recruiting.
Sec. 207. Access to National Driver Register information on certain
Coast Guard personnel.
Sec. 208. Coast Guard housing authorities.
Sec. 209. Board for Correction of Military Records deadline.
Sec. 210. Repeal temporary promotion of warrant officers.
Sec. 211. Appointment of temporary officers.
Sec. 212. Information to be provided to officer selection boards.
Sec. 213. Rescue diver training for selected Coast Guard personnel.
Sec. 214. Special authorities regarding Coast Guard.
TITLE III--MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT
Sec. 301. Changes to documentation laws.
Sec. 302. Nondisclosure of port security plans.
Sec. 303. Maritime drug and alcohol testing program civil penalty.
Sec. 304. Renewal of advisory groups.
Sec. 305. Electronic filing of commercial instruments.
Sec. 306. Civil penalties.
Sec. 307. Amendment to require EPIRBs on the Great Lakes.
Sec. 308. Report on LORAN-C requirements.
Sec. 309. Small boat stations.
Sec. 310. Penalty for alteration of marine safety equipment.
Sec. 311. Prohibition on overhaul, repair, and maintenance of Coast
Guard vessels in foreign shipyards.
Sec. 312. Withholding vessel clearance for violation of certain Acts.
[[Page 110 STAT. 3902]]
Sec. 313. Information barred in legal proceedings.
Sec. 314. Marine casualty reporting.
TITLE IV--COAST GUARD AUXILIARY
Sec. 401. Administration of the Coast Guard auxiliary.
Sec. 402. Purpose of the Coast Guard auxiliary.
Sec. 403. Members of the auxiliary; status.
Sec. 404. Assignment and performance of duties.
Sec. 405. Cooperation with other agencies, States, territories, and
political subdivisions.
Sec. 406. Vessel deemed public vessel.
Sec. 407. Aircraft deemed public aircraft.
Sec. 408. Disposal of certain material.
TITLE V--DEEPWATER PORT MODERNIZATION
Sec. 501. Short title.
Sec. 502. Declarations of purpose and policy.
Sec. 503. Definitions.
Sec. 504. Licenses.
Sec. 505. Informational filings.
Sec. 506. Antitrust review.
Sec. 507. Operation.
Sec. 508. Marine environmental protection and navigational safety.
TITLE VI--COAST GUARD REGULATORY REFORM
Sec. 601. Short title.
Sec. 602. Safety management.
Sec. 603. Use of reports, documents, records, and examinations of other
persons.
Sec. 604. Equipment approval.
Sec. 605. Frequency of inspection.
Sec. 606. Certificate of inspection.
Sec. 607. Delegation of authority of Secretary to classification
societies.
TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS
Sec. 701. Amendment of inland navigation rules.
Sec. 702. Measurement of vessels.
Sec. 703. Longshore and harbor workers compensation.
Sec. 704. Radiotelephone requirements.
Sec. 705. Vessel operating requirements.
Sec. 706. Merchant Marine Act, 1920.
Sec. 707. Merchant Marine Act, 1956.
Sec. 708. Maritime education and training.
Sec. 709. General definitions.
Sec. 710. Authority to exempt certain vessels.
Sec. 711. Inspection of vessels.
Sec. 712. Regulations.
Sec. 713. Penalties--Inspection of vessels.
Sec. 714. Application--Tank vessels.
Sec. 715. Tank vessel construction standards.
Sec. 716. Tanker minimum standards.
Sec. 717. Self-propelled tank vessel minimum standards.
Sec. 718. Definition--Abandonment of barges.
Sec. 719. Application--Load lines.
Sec. 720. Licensing of individuals.
Sec. 721. Able seamen--Limited.
Sec. 722. Able seamen--Offshore supply vessels.
Sec. 723. Scale of employment--Able seamen.
Sec. 724. General requirements--Engine department.
Sec. 725. Complement of inspected vessels.
Sec. 726. Watchmen.
Sec. 727. Citizenship and Naval Reserve requirements.
Sec. 728. Watches.
Sec. 729. Minimum number of licensed individuals.
Sec. 730. Officers' competency certificates convention.
Sec. 731. Merchant mariners' documents required.
Sec. 732. Certain crew requirements.
Sec. 733. Freight vessels.
Sec. 734. Exemptions.
Sec. 735. United States registered pilot service.
Sec. 736. Definitions--Merchant seamen protection.
Sec. 737. Application--Foreign and intercoastal voyages.
[[Page 110 STAT. 3903]]
Sec. 738. Application--Coastwise voyages.
Sec. 739. Fishing agreements.
Sec. 740. Accommodations for seamen.
Sec. 741. Medicine chests.
Sec. 742. Logbook and entry requirements.
Sec. 743. Coastwise endorsements.
Sec. 744. Fishery endorsements.
Sec. 745. Convention tonnage for licenses, certificates, and documents.
Sec. 746. Technical corrections.
Sec. 747. Technical corrections to references to ICC.
TITLE VIII--POLLUTION FROM SHIPS
Sec. 801. Prevention of pollution from ships.
Sec. 802. Marine plastic pollution research and control.
TITLE IX--TOWING VESSEL SAFETY
Sec. 901. Reduction of oil spills from non-self-propelled tank vessels.
Sec. 902. Requirement for fire suppression devices.
Sec. 903. Studies addressing various sources of oil spill risk.
TITLE X--CONVEYANCES
Sec. 1001. Conveyance of lighthouses.
Sec. 1002. Conveyance of certain lighthouses located in Maine.
Sec. 1003. Transfer of Coast Guard property in Gosnold, Massachusetts.
Sec. 1004. Conveyance of property in Ketchikan, Alaska.
Sec. 1005. Conveyance of property in Traverse City, Michigan.
Sec. 1006. Transfer of Coast Guard property in New Shoreham, Rhode
Island.
Sec. 1007. Conveyance of property in Santa Cruz, California.
Sec. 1008. Conveyance of vessel S/S RED OAK VICTORY.
Sec. 1009. Conveyance of equipment.
Sec. 1010. Property exchange.
Sec. 1011. Authority to convey Whitefish Point Light Station land.
Sec. 1012. Conveyance of Parramore Beach Coast Guard Station, Virginia.
Sec. 1013. Conveyance of Jeremiah O'Brien.
TITLE XI--MISCELLANEOUS
Sec. 1101. Florida Avenue Bridge.
Sec. 1102. Oil Spill Recovery Institute.
Sec. 1103. Limited double hull exemptions.
Sec. 1104. Oil spill response vessels.
Sec. 1105. Service in certain suits in admiralty.
Sec. 1106. Amendments to the Johnson Act.
Sec. 1107. Lower Columbia River maritime fire and safety activities.
Sec. 1108. Oil pollution research training.
Sec. 1109. Limitation on relocation of Houston and Galveston marine
safety offices.
Sec. 1110. Uninspected fish tender vessels.
Sec. 1111. Foreign passenger vessel user fees.
Sec. 1112. Coast Guard user fees.
Sec. 1113. Vessel financing.
Sec. 1114. Manning and watch requirements on towing vessels on the Great
Lakes.
Sec. 1115. Repeal of Great Lakes endorsements.
Sec. 1116. Relief from United States documentation requirements.
Sec. 1117. Use of foreign registry oil spill response vessels.
Sec. 1118. Judicial sale of certain documented vessels to aliens.
Sec. 1119. Improved authority to sell recyclable material.
Sec. 1120. Documentation of certain vessels.
Sec. 1121. Vessel deemed to be a recreational vessel.
Sec. 1122. Small passenger vessel pilot inspection program with the
State of Minnesota.
Sec. 1123. Commonwealth of the Northern Mariana Islands fishing.
Sec. 1124. Availability of extrajudicial remedies for default on
preferred mortgage liens on vessels.
Sec. 1125. Offshore facility financial responsibility requirements.
Sec. 1126. Deauthorization of navigation project, Cohasset Harbor,
Massachusetts.
Sec. 1127. Sense of Congress; requirement regarding notice.
Sec. 1128. Requirement for procurement of buoy chain.
Sec. 1129. Cruise ship liability.
Sec. 1130. Sense of Congress on the implementation of regulations
regarding animal fats and vegetable oils.
Sec. 1131. Term of Director of the Bureau of Transportation Statistics.
Sec. 1132. Waiver of certain requirements for historic former
Presidential Yacht Sequoia.
[[Page 110 STAT. 3904]]
Sec. 1133. Vessel requirements.
Sec. 1134. Existing tank vessel research.
Sec. 1135. Plan for the engineering, design, and retrofitting of the
Icebreaker Mackinaw.
Sec. 1136. Cross-border financing.
Sec. 1137. Vessel standards.
Sec. 1138. Vessels subject to the jurisdiction of the United States.
Sec. 1139. Reactivation of closed shipyards.
Sec. 1140. Sakonnet Point Light.
Sec. 1141. Dredging of Rhode Island Waterways.
Sec. 1142. Interim payments.
Sec. 1143. Oil spill information.
Sec. 1144. Compliance with oil spill response plans.
Sec. 1145. Bridge deemed to unreasonably obstruct navigation.
Sec. 1146. Fishing vessel exemption.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Funds are authorized to be appropriated for
necessary expenses of the Coast Guard, as follows:
(1) For the operation and maintenance of the Coast Guard--
(A) for fiscal year 1996, $2,618,316,000; and
(B) for fiscal year 1997, $2,637,800,000;
of which $25,000,000 shall be derived each fiscal year from the
Oil Spill Liability Trust Fund.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto--
(A) for fiscal year 1996, $428,200,000; and
(B) for fiscal year 1997, $411,600,000;
to remain available until expended, of which $32,500,000 for
fiscal year 1996 and $20,000,000 for fiscal year 1997 shall be
derived each fiscal year from the Oil Spill Liability Trust Fund
to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating to
improving the performance of the Coast Guard's mission in
support of search and rescue, aids to navigation, marine safety,
marine environmental protection, enforcement of laws and
treaties, ice operations, oceanographic research, and defense
readiness--
(A) for fiscal year 1996, $22,500,000; and
(B) for fiscal year 1997, $20,300,000;
to remain available until expended, of which $3,150,000 for
fiscal year 1996 and $5,020,000 for fiscal year 1997 shall be
derived each fiscal year from the Oil Spill Liability Trust
Fund.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose),
payments under the Retired Serviceman's Family Protection and
Survivor Benefit Plans, and payments for medical care of retired
personnel and their dependents under chapter 55 of title 10,
United States Code--
(A) for fiscal year 1996, $582,022,000; and
(B) for fiscal year 1997, $608,100,000.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to naviga
[[Page 110 STAT. 3905]]
tion, and for personnel and administrative costs associated with
the Bridge Alteration Program--
(A) for fiscal year 1996, $25,300,000, to remain
available until expended; and
(B) for fiscal year 1997, $25,100,000, to remain
available until expended.
(6) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated with
operations and maintenance), $25,000,000 for each of fiscal
years 1996 and 1997, to remain available until expended.
(b) Amounts From the Discretionary Bridge Program.--(1) Section 104
of title 49, United States Code, is amended by adding at the end thereof
the following:
``(e) Notwithstanding the provisions of sections 101(d) and 144 of
title 23, highway bridges determined to be unreasonable obstructions to
navigation under the Truman-Hobbs Act may be funded from amounts set
aside from the discretionary bridge program. The Secretary shall
transfer these allocations and the responsibility for administration of
these funds to the United States Coast Guard.''.
(2) Notwithstanding any other provision of law, the Secretary of
Transportation shall allocate out of funds available, $9,100,000 for the
John F. Limehouse Memorial Bridge, Charleston, South Carolina. The
allocation shall be deposited in the Truman-Hobbs bridge program
account. The Secretary shall transfer this allocation and responsibility
for administration of these funds to the United States Coast Guard.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of--
(1) 38,400 as of September 30, 1996; and
(2) 37,561 as of September 30, 1997.
(b) Military Training Student Loads.--The Coast Guard is authorized
average military training student loads as follows:
(1) For recruit and special training--
(A) for fiscal year 1996, 1604 student years; and
(B) for fiscal year 1997, 1604 student years.
(2) For flight training--
(A) for fiscal year 1996, 85 student years; and
(B) for fiscal year 1997, 95 student years.
(3) For professional training in military and civilian
institutions--
(A) for fiscal year 1996, 330 student years; and
(B) for fiscal year 1997, 295 student years.
(4) For officer acquisition--
(A) for fiscal year 1996, 874 student years; and
(B) for fiscal year 1997, 878 student years.
SEC. 103. <<NOTE: 14 USC 89 note.>> QUARTERLY REPORTS ON DRUG
INTERDICTION.
Not later than 30 days after the end of each fiscal year quarter,
the Secretary of Transportation shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on all expenditures related to drug interdiction activities of
the Coast Guard during that quarter.
[[Page 110 STAT. 3906]]
SEC. 104. SENSE OF THE CONGRESS REGARDING FUNDING FOR COAST GUARD.
It is the sense of the Congress that in appropriating amounts for
the Coast Guard, the Congress should appropriate amounts adequate to
enable the Coast Guard to carry out all extraordinary functions and
duties the Coast Guard is required to undertake in addition to its
normal functions established by law.
TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT
SEC. 201. PROVISION OF CHILD DEVELOPMENT SERVICES.
(a) In General.--Title 14, United States Code, is amended by
inserting after section 514 the following new section:
``Sec. 515. Child development services
``(a) The Commandant may make child development services available
for members and civilian employees of the Coast Guard, and thereafter as
space is available for members of the Armed Forces and Federal civilian
employees. Child development service benefits provided under the
authority of this section shall be in addition to benefits provided
under other laws.
``(b)(1) Except as provided in paragraph (2), the Commandant may
require that amounts received as fees for the provision of services
under this section at Coast Guard child development centers be used only
for compensation of employees at those centers who are directly involved
in providing child care.
``(2) If the Commandant determines that compliance with the
limitation in paragraph (1) would result in an uneconomical and
inefficient use of such fee receipts, the Commandant may (to the extent
that such compliance would be uneconomical and inefficient) use such
receipts--
``(A) for the purchase of consumable or disposable items for
Coast Guard child development centers; and
``(B) if the requirements of such centers for consumable or
disposable items for a given fiscal year have been met, for
other expenses of those centers.
``(c) The Commandant shall provide for regular and unannounced
inspections of each child development center under this section and may
use Department of Defense or other training programs to ensure that all
child development center employees under this section meet minimum
standards of training with respect to early childhood development,
activities and disciplinary techniques appropriate to children of
different ages, child abuse prevention and detection, and appropriate
emergency medical procedures.
``(d) Of the amounts available to the Coast Guard each fiscal year
for operating expenses (and in addition to amounts received as fees),
the Secretary may use for child development services under this section
an amount not to exceed the total amount the Commandant estimates will
be received by the Coast Guard in the fiscal year as fees for the
provision of those services.
``(e) The Commandant may use appropriated funds available to the
Coast Guard to provide assistance to family home day care providers so
that family home day care services can be provided to uniformed service
members and civilian employees of the Coast
[[Page 110 STAT. 3907]]
Guard at a cost comparable to the cost of services provided by Coast
Guard child development centers.
``(f) <<NOTE: Regulations.>> The Secretary shall promulgate
regulations to implement this section. The regulations shall establish
fees to be charged for child development services provided under this
section which take into consideration total family income.
``(g) For purposes of this section, the term `child development
center' does not include a child care services facility for which space
is allotted under section 616 of the Act of December 22, 1987 (40 U.S.C.
490b).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 13 of title 14, United States Code, is amended by inserting
after the item related to section 514 the following:
``515. Child development services.''.
SEC. 202. HURRICANE <<NOTE: Florida.>> ANDREW RELIEF.
Section 2856 of the National Defense Authorization Act for Fiscal
Year 1993 (Pub. L. 102-484) applies to the military personnel of the
Coast Guard who were assigned to, or employed at or in connection with,
any Federal facility or installation in the vicinity of Homestead Air
Force Base, Florida, including the areas of Broward, Collier, Dade, and
Monroe Counties, on or before August 24, 1992, except that funds
available to the Coast Guard, not to exceed $25,000, shall be used. The
Secretary of Transportation shall administer the provisions of section
2856 for the Coast Guard.
SEC. 203. DISSEMINATION OF RESULTS OF 0-6 CONTINUATION BOARDS.
Section 289(f) of title 14, United States Code, is amended by
striking ``Upon approval by the President, the names of the officers
selected for continuation on active duty by the board shall be promptly
disseminated to the service at large.''.
SEC. 204. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH.
Section 712 of title 14, United States Code, is amended by adding at
the end the following:
``(d) Reserve members ordered to active duty under this section
shall not be counted in computing authorized strength of members on
active duty or members in grade under this title or under any other
law.''.
SEC. 205. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE.
Section 283(b) of title 14, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by striking the last sentence; and
(3) by adding at the end the following:
``(2) Upon the completion of a term under paragraph (1), an officer
shall, unless selected for further continuation--
``(A) except as provided in subparagraph (B), be honorably
discharged with severance pay computed under section 286 of this
title;
``(B) in the case of an officer who has completed at least
18 years of active service on the date of discharge under
subparagraph (A), be retained on active duty and retired on the
last day of the month in which the officer completes 20 years of
active service, unless earlier removed under another provision
of law; or
[[Page 110 STAT. 3908]]
``(C) if, on the date specified for the officer's discharge
under this section, the officer has completed at least 20 years
of active service or is eligible for retirement under any law,
be retired on that date.''.
SEC. 206. RECRUITING.
(a) Campus Recruiting.--Section 558 of the National Defense
Authorization Act for Fiscal Year 1995 (108 Stat. 2776) <<NOTE: 10 USC
503 note.>> is amended--
(1) by inserting ``or the Department of Transportation'' in
subsection (a)(1) after ``the Department of Defense'';
(2) by inserting ``or the Secretary of Transportation''
after ``the Secretary of Defense'' in subsection (a)(1); and
(3) by inserting ``and the Secretary of Transportation''
after ``the Secretary of Education'' in subsection (b).
(b) Funds for Recruiting.--The text of section 468 of title 14,
United States Code, is amended to read as follows:
``The Coast Guard may expend operating expense funds for recruiting
activities, including but not limited to advertising and entertainment,
in order to--
``(1) obtain recruits for the Service and cadet applicants;
and
``(2) gain support of recruiting objectives from those who
may assist in the recruiting effort.''.
(c) Recruitment of Women and Minorities.--
Not <<NOTE: Reports.>> later than January 31, 1997, the Commandant of
the Coast Guard shall report to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, on the status of
and the problems in recruitment of women and minorities into the Coast
Guard. The report shall contain specific plans to increase the
recruitment of women and minorities and legislative recommendations
needed to increase the recruitment of women and minorities.
SEC. 207. ACCESS TO NATIONAL DRIVER REGISTER INFORMATION ON
CERTAIN COAST GUARD PERSONNEL.
(a) Amendment to Title 14.--Section 93 of title 14, United States
Code, is amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (t);
(2) by striking the period at the end of paragraph (u) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(v) require that any member of the Coast Guard or Coast
Guard Reserve (including a cadet or an applicant for appointment
or enlistment to any of the foregoing and any member of a
uniformed service who is assigned to the Coast Guard) request
that all information contained in the National Driver Register
pertaining to the individual, as described in section 30304(a)
of title 49, be made available to the Commandant under section
30305(a) of title 49, may receive that information, and upon
receipt, shall make the information available to the
individual.''.
(b) Amendment to Title 49.--Section 30305(b) of title 49, United
States Code, is amended by redesignating paragraph (7) as paragraph (8)
and inserting after paragraph (6) the following new paragraph:
[[Page 110 STAT. 3909]]
``(7) An individual who is an officer, chief warrant officer, or
enlisted member of the Coast Guard or Coast Guard Reserve (including a
cadet or an applicant for appointment or enlistment of any of the
foregoing and any member of a uniformed service who is assigned to the
Coast Guard) may request the chief driver licensing official of a State
to provide information about the individual under subsection (a) of this
section to the Commandant of the Coast Guard. The Commandant may receive
the information and shall make the information available to the
individual. Information may not be obtained from the Register under this
paragraph if the information was entered in the Register more than 3
years before the request, unless the information is about a revocation
or suspension still in effect on the date of the request.''.
SEC. 208. COAST GUARD HOUSING AUTHORITIES.
(a) In General.--Title 14, United States Code, is amended by adding
after chapter 17 the following new chapter:
``CHAPTER 18--COAST GUARD HOUSING AUTHORITIES
``Sec.
``680. Definitions.
``681. General authority.
``682. Loan guarantees.
``683. Leasing of housing to be constructed.
``684. Limited partnerships in nongovernmental entities.
``685. Conveyance or lease of existing property and facilities.
``686. Assignment of members of the armed forces to housing units.
``687. Coast Guard Housing Fund.
``688. Reports.
``689. Expiration of authority.
``Sec. 680. Definitions
``In this chapter:
``(1) The term `construction' means the construction of
military housing units and ancillary supporting facilities or
the improvement or rehabilitation of existing units or ancillary
supporting facilities.
``(2) The term `contract' includes any contract, lease, or
other agreement entered into under the authority of this
chapter.
``(3) The term `military unaccompanied housing' means
military housing intended to be occupied by members of the armed
forces serving a tour of duty unaccompanied by dependents.
``(4) The term `United States' includes the Commonwealth of
Puerto Rico, Guam, the United States Virgin Islands, and the
District of Columbia.
``Sec. 681. General authority
``(a) Authority.--In addition to any other authority providing for
the acquisition or construction of military family housing or military
unaccompanied housing, the Secretary may exercise any authority or any
combination of authorities provided under this chapter in order to
provide for the acquisition or construction by private persons of the
following:
``(1) Family housing units on or near Coast Guard
installations within the United States and its territories and
possessions.
[[Page 110 STAT. 3910]]
``(2) Unaccompanied housing units on or near such Coast
Guard installations.
``(b) Limitation on Appropriations.--No appropriation shall be made
to acquire or construct military family housing or military
unaccompanied housing under this chapter if that acquisition or
construction has not been approved by resolutions adopted by the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``Sec. 682. Loan guarantees
``(a) Loan Guarantees.--
``(1) Subject to subsection (b), the Secretary may guarantee
a loan made to any person in the private sector if the proceeds
of the loan are to be used by the person to acquire, or
construct housing units that the Secretary determines are
suitable for use as military family housing or as military
unaccompanied housing.
``(2) The amount of a guarantee on a loan that may be
provided under paragraph (1) may not exceed the amount equal to
the lesser of--
``(A) 80 percent of the value of the project; or
``(B) the outstanding principal of the loan.
``(3) The Secretary shall establish such terms and
conditions with respect to guarantees of loans under this
subsection as the Secretary considers appropriate to protect the
interests of the United States, including the rights and
obligations of the United States with respect to such
guarantees.
``(4) The funds for the loan guarantees entered into under
this section shall be held in the Coast Guard Housing Fund under
section 687 of this title. The Secretary is authorized to
purchase mortgage insurance to guarantee loans in lieu of
guaranteeing loans directly against funds held in the Coast
Guard Housing Fund.
``(b) Limitation on Guarantee Authority.--Loan guarantees may be
made under this section only to the extent that appropriations of budget
authority to cover their cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) are made in
advance, or authority is otherwise provided in appropriations Acts. If
such appropriation or other authority is provided, there may be
established a financing account (as defined in section 502(7) of such
Act (2 U.S.C. 661a(7))) which shall be available for the disbursement of
payment of claims for payment on loan guarantees under this section and
for all other cash flows to and from the Government as a result of
guarantees made under this section.
``Sec. 683. Leasing of housing to be constructed
``(a) Build and Lease Authorized.--The Secretary may enter into
contracts for the lease of military family housing units or military
unaccompanied housing units to be constructed under this chapter.
``(b) Lease Terms.--A contract under this section may be for any
period that the Secretary determines appropriate and may provide for the
owner of the leased property to operate and maintain the property.
[[Page 110 STAT. 3911]]
``Sec. 684. Limited partnerships with nongovernmental entities
``(a) Limited Partnerships Authorized.--The Secretary may enter into
limited partnerships with nongovernmental entities carrying out projects
for the acquisition or construction of housing units suitable for use as
military family housing or as military unaccompanied housing.
``(b) Limitation on Value of Investment in Limited Partnership.--(1)
The cash amount of an investment under this section in a nongovernmental
entity may not exceed an amount equal to 33\1/3\ percent of the capital
cost (as determined by the Secretary) of the project or projects that
the entity proposes to carry out under this section with the investment.
``(2) If the Secretary conveys land or facilities to a
nongovernmental entity as all or part of an investment in the entity
under this section, the total value of the investment by the Secretary
under this section may not exceed an amount equal to 45 percent of the
capital cost (as determined by the Secretary) of the project or projects
that the entity proposes to carry out under this section with the
investment.
``(3) In this subsection, the term `capital cost', with respect to a
project for the acquisition or construction of housing, means the total
amount of the costs included in the basis of the housing for Federal
income tax purposes.
``(c) Collateral Incentive Agreements.--The Secretary shall enter
into collateral incentive agreements with nongovernmental entities in
which the Secretary makes an investment under this section to ensure
that a suitable preference will be afforded members of the armed forces
and their dependents in the lease or purchase, as the case may be, of a
reasonable number of the housing units covered by the investment.
``Sec. 685. Conveyance or lease of existing property and facilities
``(a) Conveyance or Lease Authorized.--The Secretary may convey or
lease property or facilities (including ancillary support facilities) to
private persons for purposes of using the proceeds of such conveyance or
lease to carry out activities under this chapter.
``(b) Terms and Conditions.--(1) The conveyance or lease of property
or facilities under this section shall be for such consideration and
upon such terms and conditions as the Secretary considers appropriate
for the purposes of this chapter and to protect the interests of the
United States.
``(2) As part or all of the consideration for a conveyance or lease
under this section, the purchaser or lessor (as the case may be) may
enter into an agreement with the Secretary to ensure that a suitable
preference will be afforded members of the armed forces and their
dependents in the lease or sublease of a reasonable number of the
housing units covered by the conveyance or lease, as the case may be, or
in the lease of other suitable housing units made available by the
purchaser or lessee.
``(c) Inapplicability of Certain Property Management Laws.--The
conveyance or lease of property or facilities under this section shall
not be subject to the following provisions of law:
``(1) The Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 471 et seq.).
[[Page 110 STAT. 3912]]
``(2) Section 321 of the Act of June 30, 1932 (commonly
known as the Economy Act) (47 Stat. 412, chapter 314; 40 U.S.C.
303b).
``(3) The Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11301 et seq.).
``Sec. 686. Assignment of members of the armed forces to housing units
``(a) In General.--The Secretary may assign members of the armed
forces to housing units acquired or constructed under this chapter.
``(b) Effect of Certain Assignments on Entitlement to Housing
Allowances.--(1) Except as provided in paragraph (2), housing referred
to in subsection (a) shall be considered as quarters of the United
States or a housing facility under the jurisdiction of a uniformed
service for purposes of section 403(b) of title 37.
``(2) A member of the armed forces who is assigned in accordance
with subsection (a) to a housing unit not owned or leased by the United
States shall be entitled to a basic allowance for quarters under section
403 of title 37, and, if in a high housing cost area, a variable housing
allowance under section 403a of that title.
``(c) Lease Payments Through Pay Allotments.--The Secretary may
require members of the armed forces who lease housing in housing units
acquired or constructed under this chapter to make lease payments for
such housing pursuant to allotments of the pay of such members under
section 701 of title 37.
``Sec. 687. Coast Guard Housing Fund
``(a) Establishment.--There is hereby established on the books of
the Treasury an account to be known as the Coast Guard Housing Fund (in
this section referred to as the `Fund').
``(b) Credits to Fund.--There shall be credited to the Fund the
following:
``(1) Amounts authorized for and appropriated to that Fund.
``(2) Subject to subsection (e), any amounts that the
Secretary transfers, in such amounts as provided in
appropriation Acts, to that Fund from amounts authorized and
appropriated to the Department of Transportation or Coast Guard
for the acquisition or construction of military family housing
or unaccompanied housing.
``(3) Proceeds from the conveyance or lease of property or
facilities under section 685 of this title for the purpose of
carrying out activities under this chapter with respect to
military family and military unaccompanied housing.
``(4) Income from any activities under this chapter,
including interest on loan guarantees made under section 682 of
this title, income and gains realized from investments under
section 684 of this title, and any return of capital invested as
part of such investments.
``(c) Use of Amounts in Fund.--(1) In such amounts as provided in
appropriation Acts and except as provided in subsection (d), the
Secretary may use amounts in the Coast Guard Housing Fund to carry out
activities under this chapter with respect to military family and
military unaccompanied housing units, including activities required in
connection with the planning, execution,
[[Page 110 STAT. 3913]]
and administration of contracts entered into under the authority of this
chapter.
``(2) Amounts made available under this subsection shall remain
available until expended.
``(d) Limitation on Obligations.--The Secretary may not incur an
obligation under a contract or other agreements entered into under this
chapter in excess of the unobligated balance, at the time the contract
is entered into, of the Fund required to be used to satisfy the
obligation.
``(e) Notification Required for Transfers.--A transfer of
appropriated amounts to the Fund under subsection (b)(2) or (b)(3) of
this section may be made only after the end of a 30-day period beginning
on the date the Secretary submits written notice of, and justification
for, the transfer to the appropriate committees of Congress.
``(f) Limitation on Amount of Budget Authority.--The total value in
budget authority of all contracts and investments undertaken using the
authorities provided in this chapter shall not exceed $20,000,000.
``Sec. 688. Reports
``The Secretary shall include each year in the materials the
Secretary submits to the Congress in support of the budget submitted by
the President pursuant to section 1105 of title 31, the following:
``(1) A report on each contract or agreement for a project
for the acquisition or construction of military family or
military unaccompanied housing units that the Secretary proposes
to solicit under this chapter, describing the project and the
method of participation of the United States in the project and
providing justification of such method of participation.
``(2) A report describing each conveyance or lease proposed
under section 685 of this title.
``(3) A methodology for evaluating the extent and
effectiveness of the use of the authorities under this chapter
during such preceding fiscal year.
``(4) A description of the objectives of the Department of
Transportation for providing military family housing and
military unaccompanied housing for members of the Coast Guard.
``Sec. 689. Expiration of authority
``The authority to enter into a transaction under this chapter shall
expire October 1, 2001.''.
(b) Final <<NOTE: 14 USC 688 note.>> Report.--Not later than March
1, 2000, the Secretary of the department in which the Coast Guard is
operating shall submit to the Congress a report on the use by the
Secretary of the authorities provided by chapter 18 of title 14, United
States Code, as added by subsection (a). The report shall assess the
effectiveness of such authority in providing for the construction and
improvement of military family housing and military unaccompanied
housing.
(c) Clerical Amendment.--The table of chapters at the beginning of
part I of title 14, United States Code, is amended by inserting after
the item relating to chapter 17 the following:
``18. Coast Guard Housing Authorities.............................680''.
(d) Pilot Project.--Notwithstanding section 681(b) of title 14,
United States Code, as amended by this Act, and subject to
[[Page 110 STAT. 3914]]
the other requirements of chapter 18 of such title, as amended by this
Act, the Secretary of Transportation may use the authority provided in
sections 682, 683, 684, 685, and 686 of such chapter to provide for the
acquisition or construction of up to 60 family housing units and
unaccompanied housing units on or near Coast Guard Integrated Support
Command, Ketchikan, Alaska.
SEC. 209. BOARD FOR CORRECTION OF MILITARY RECORDS DEADLINE.
(a) In General.--Chapter 11 of title 14, United States Code, is
amended by inserting after section 424 the following new section:
``Sec. 425. Board for Correction of Military Records deadline
``(a) Deadline for Completion of Action.--The Secretary shall
complete processing of an application for correction of military records
under section 1552 of title 10 by not later than 10 months after the
date the Secretary receives the completed application.
``(b) Remedies Deemed Exhausted.--Ten months after a complete
application for correction of military records is received by the Board
for Correction of Military Records of the Coast Guard, administrative
remedies are deemed to have been exhausted, and--
``(1) if the Board has rendered a recommended decision, its
recommendation shall be final agency action and not subject to
further review or approval within the department in which the
Coast Guard is operating; or
``(2) if the Board has not rendered a recommended decision,
agency action is deemed to have been unreasonably delayed or
withheld and the applicant is entitled to--
``(A) an order under section 706(1) of title 5,
directing final action be taken within 30 days from the
date the order is entered; and
``(B) from amounts appropriated to the department in
which the Coast Guard is operating, the costs of
obtaining the order, including a reasonable attorney's
fee.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 11 of title 14, United States Code, is amended by inserting
after the item relating to section 424 the following new item:
``425. Board for Correction of Military Records deadline.''.
(c) Special <<NOTE: 14 USC 425 note.>> Right of Applications Under
This Section.--This section applies to any applicant who had an
application filed with or pending before the Board or the Secretary of
the department in which the Coast Guard is operating on or after June
12, 1990, who files with the Board for Correction of Military Records of
the Coast Guard an application for relief under the amendment made by
subsection (a). If a recommended decision was modified or reversed on
review with final agency action occurring after expiration of the 10-
month deadline under that amendment, an applicant who so requests shall
have the order in the final decision vacated and receive the relief
granted in the recommended decision if the Coast Guard has the legal
authority to grant such relief. The recommended decision shall otherwise
have no effect as precedent.
(d) Effective <<NOTE: 14 USC 425 note.>> Date.--This section shall
be effective on and after June 12, 1990.
[[Page 110 STAT. 3915]]
SEC. 210. REPEAL TEMPORARY PROMOTION OF WARRANT OFFICERS.
(a) Repeal.--Section 277 of title 14, United States Code, is
repealed. The repeal of such section shall not be construed to affect
the status of any warrant officer currently serving under a temporary
promotion.
(b) Conforming Amendment.--The table of sections at the beginning of
chapter 11 of title 14, United States Code, is amended by striking the
item relating to section 277.
SEC. 211. APPOINTMENT OF TEMPORARY OFFICERS.
(a) In General.--Section 214 of title 14, United States Code, is
amended--
(1) in the heading by striking ``Original appointment'' and
inserting ``Appointment'';
(2) by redesignating subsections (d), (e), and (f) in order
as subsections (b), (c), and (d); and
(3) in subsection (c), as so redesignated, by inserting
``, or a subsequent promotion appointment of a temporary
officer,'' after ``section''.
(b) Conforming Amendment.--The table of sections at the beginning of
chapter 11 of title 14, United States Code, is amended in the item
relating to section 214 by striking ``Original appointment'' and
inserting ``Appointment''.
SEC. 212. INFORMATION TO BE PROVIDED TO OFFICER SELECTION BOARDS.
Section 258(2) of title 14, United States Code, is amended by
striking ``, with identification of those officers who are in the
promotion zone''.
SEC. 213. RESCUE DIVER TRAINING FOR SELECTED COAST GUARD
PERSONNEL.
(a) In General.--Section 88 of title 14, United States Code, is
amended by adding at the end the following new subsection:
``(d) The Secretary shall establish a helicopter rescue swimming
program for the purpose of training selected Coast Guard personnel in
rescue swimming skills, which may include rescue diver training.''.
(b) Conforming Amendment.--Section 9 of the Coast Guard
Authorization Act of 1984 (98 Stat. 2862; 14 U.S.C. 88 note) is
repealed.
SEC. 214. SPECIAL AUTHORITIES REGARDING COAST GUARD.
(a) Reimbursement of Expenses for Mess Operations.--Section 1011 of
title 37, United States Code, is amended by adding at the end the
following new subsection:
``(d) When the Coast Guard is not operating as a service in the
Navy, the Secretary of Transportation shall establish rates for meals
sold at Coast Guard dining facilities, provide for reimbursement of
operating expenses and food costs to the appropriations concerned, and
reduce the rates for such meals when the Secretary determines that it is
in the best interest of the United States to do so.''.
(b) Severable Services Contracts Crossing Fiscal Years.--Section
2410a of title 10, United States Code, is amended--
(1) by striking ``Funds'' and inserting ``(a) Funds''; and
(2) by adding at the end the following new subsection:
[[Page 110 STAT. 3916]]
``(b) The Secretary of Transportation with respect to the Coast
Guard when it is not operating as a service in the Navy, may enter into
a contract for procurement of severable services for a period that
begins in one fiscal year and ends in the next fiscal year if (without
regard to any option to extend the period of the contract) the contract
period does not exceed one year. Funds made available for a fiscal year
may be obligated for the total amount of a contract entered into under
the authority of this subsection.''.
TITLE III--MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT
SEC. 301. CHANGES TO DOCUMENTATION LAWS.
(a) Civil Penalty.-- Section 12122(a) of title 46, United States
Code, is amended by striking ``$500'' and inserting ``$10,000''.
(b) Seizure and Forfeiture.--
(1) In general.--Section 12122(b) of title 46, United States
Code, is amended to read as follows:
``(b) A vessel and its equipment are liable to seizure by and
forfeiture to the United States Government--
``(1) when the owner of a vessel or the representative or
agent of the owner knowingly falsifies or conceals a material
fact, or knowingly makes a false statement or representation
about the documentation or when applying for documentation of
the vessel;
``(2) when a certificate of documentation is knowingly and
fraudulently used for a vessel;
``(3) when a vessel is operated after its endorsement has
been denied or revoked under section 12123 of this title;
``(4) when a vessel is employed in a trade without an
appropriate trade endorsement;
``(5) when a documented vessel with only a recreational
endorsement is operated other than for pleasure; or
``(6) when a documented vessel, other than a vessel with
only a recreational endorsement, is placed under the command of
a person not a citizen of the United States.''.
(2) Conforming amendment.--Section 12122(c) of title 46,
United States Code, is repealed.
(c) Limitation on Operation of Vessel With Only Recreational
Endorsement.--Section 12110(c) of title 46, United States Code, is
amended to read as follows:
``(c) A vessel with only a recreational endorsement may not be
operated other than for pleasure.''.
(d) Termination of Restriction on Command of Recreational Vessels.--
(1) Termination of restriction.--Subsection (d) of section
12110 of title 46, United States Code, is amended by inserting
``, other than a vessel with only a recreational endorsement,''
after ``A documented vessel''; and
(2) Conforming amendments.--
(A) Section 12111(a)(2) of title 46, United States
Code, is amended by inserting before the period the
following: ``in violation of section 12110(d) of this
title''.
(B) Section 317 of Public Law 101-595 <<NOTE: 46 USC
8103 note.>> is amended by striking ``and 12111'' and
inserting ``12111, and 12122(b)''.
[[Page 110 STAT. 3917]]
(e) Fishery Endorsements.--Section 12108 of title 46, United States
Code, is amended by adding at the end the following:
``(d) A vessel purchased by the Secretary of Commerce through a
fishing capacity reduction program under the Magnuson Fishery
Conservation Management Act (16 U.S.C. 1801 et seq.) or section 308 of
the Interjurisdictional Fisheries Act (16 U.S.C. 4107) is not eligible
for a fishery endorsement, and any fishery endorsement issued for that
vessel is invalid.''.
SEC. 302. NONDISCLOSURE OF PORT SECURITY PLANS.
Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), is
amended by adding at the end the following new subsection (c):
``(c) Nondisclosure of Port Security Plans.--Notwithstanding any
other provision of law, information related to security plans,
procedures, or programs for passenger vessels or passenger terminals
authorized under this Act is not required to be disclosed to the
public.''.
SEC. 303. MARITIME DRUG AND ALCOHOL TESTING PROGRAM CIVIL PENALTY.
(a) In General.--Chapter 21 of title 46, United States Code, is
amended by adding at the end a new section 2115 to read as follows:
``Sec. 2115. Civil penalty to enforce alcohol and dangerous drug testing
``Any person who fails to implement or conduct, or who otherwise
fails to comply with the requirements prescribed by the Secretary for,
chemical testing for dangerous drugs or for evidence of alcohol use, as
prescribed under this subtitle or a regulation prescribed by the
Secretary to carry out the provisions of this subtitle, is liable to the
United States Government for a civil penalty of not more than $1,000 for
each violation. Each day of a continuing violation shall constitute a
separate violation.''.
(b) Conforming Amendment.--The table of sections at the beginning of
chapter 21 of title 46, United States Code, is amended by inserting
after the item relating to section 2114 the following:
``2115. Civil penalty to enforce alcohol and dangerous drug testing.''.
SEC. 304. RENEWAL OF ADVISORY GROUPS.
(a) Navigation Safety Advisory Council.--Section 5(d) of the Inland
Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended by striking
``September 30, 1995'' and inserting ``September 30, 2000''.
(b) Commercial Fishing Industry Vessel Advisory Committee.--
Subsection (e)(1) of section 4508 of title 46, United States Code, is
amended by striking ``September 30, 1994'' and inserting ``September 30,
2000''.
(c) Towing Safety Advisory Committee.--Subsection (e) of the Act to
Establish A Towing Safety Advisory Committee in the Department of
Transportation (33 U.S.C. 1231a(e)) is amended by striking ``September
30, 1995'' and inserting ``September 30, 2000''.
(d) Houston-Galveston Navigation Safety Advisory Committee.--The
Coast Guard Authorization Act of 1991 (Public Law 102-241) is amended by
adding at the end of section <<NOTE: 105 Stat. 2213.>> 18 the following:
[[Page 110 STAT. 3918]]
``(h) The Committee shall terminate on September 30, 2000.''.
(e) Lower Mississippi River Waterway Advisory Committee.--The Coast
Guard Authorization Act of 1991 (Public Law 102-241) is amended by
adding at the end of section <<NOTE: 105 Stat. 2215.>> 19 the following:
``(g) The Committee shall terminate on September 30, 2000.''.
(f) National Boating Safety Advisory Council.--Section 13110(e) of
title 46, United States Code, is amended by striking ``September 30,
1996'' and inserting ``September 30, 2000''.
(g) Clerical Amendment.--The section heading for section 5(d) of the
Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended by
striking ``Rules of the Road Advisory Council'' and inserting
``Navigation Safety Advisory Council''.
SEC. 305. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS.
Section 31321(a) of title 46, United States Code, is amended by
adding at the end the following new paragraph:
``(4)(A) <<NOTE: Regulations.>> A bill of sale, conveyance,
mortgage, assignment, or related instrument may be filed electronically
under regulations prescribed by the Secretary.
``(B) A filing made electronically under subparagraph (A) shall not
be effective after the 10-day period beginning on the date of the filing
unless the original instrument is provided to the Secretary within that
10-day period.''.
SEC. 306. CIVIL PENALTIES.
(a) Penalty for Failure To Report a Casualty.--Section 6103(a) of
title 46, United States Code is amended by striking ``$1,000'' and
inserting ``not more than $25,000''.
(b) Operation of Uninspected Towing Vessel in Violation of Manning
Requirements.--Section 8906 of title 46, United States Code, is amended
by striking ``$1,000'' and inserting ``not more than $25,000''.
SEC. 307. AMENDMENT TO REQUIRE EPIRBS ON THE GREAT LAKES.
Paragraph (7) of section 4502(a) of title 46, United States Code, is
amended by inserting ``or beyond 3 nautical miles from the coastline of
the Great Lakes'' after ``high seas''.
SEC. 308. REPORT ON LORAN-C REQUIREMENTS.
Not later than 6 months after the date of enactment of this Act, the
Secretary of Transportation, in cooperation with the Secretary of
Commerce, shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a plan prepared in
consultation with users of the LORAN-C radionavigation system defining
the future use of and funding for operations, maintenance, and upgrades
of the LORAN-C radionavigation system. The plan shall provide for--
(1) mechanisms to make full use of compatible satellite and
LORAN-C technology by all modes of transportation, the
telecommunications industry, and the National Weather Service;
(2) an appropriate timetable for transition from ground-
based radionavigation technology after it is determined that
satellite-based technology is available as a sole means of safe
and efficient navigation and taking into consideration the need
[[Page 110 STAT. 3919]]
to ensure that LORAN-C technology purchased by the public before
the year 2000 has a useful economic life; and
(3) agencies in the Department of Transportation and other
relevant Federal agencies to share the Federal Government's
costs related to LORAN-C technology.
SEC. 309. SMALL BOAT STATIONS.
(a) In General.--Chapter 17 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 673. Small boat station rescue capability
``The Secretary of Transportation shall ensure that each Coast Guard
small boat station (including a seasonally operated station) maintains,
within the area of responsibility for the station, at least 1 vessel
that is fully capable of performing offshore rescue operations, taking
into consideration prevailing weather, marine conditions, and
depositional geologic features such as sand bars.
``Sec. 674. Small boat station closures
``(a) Closures.--The Secretary of Transportation may not close a
Coast Guard multimission small boat station or subunit unless the
Secretary--
``(1) determines that--
``(A) remaining search and rescue capabilities
maintain the safety of the maritime public in the area
of the station or subunit;
``(B) regional or local prevailing weather and
marine conditions, including water temperature or
unusual tide and current conditions, do not require
continued operation of the station or subunit; and
``(C) Coast Guard search and rescue standards
related to search and rescue response times are met; and
``(2) provides an opportunity for public comment and for
public meetings in the area of the station or subunit with
regard to the decision to close the station or subunit.
``(b) Operational Flexibility.--The Secretary may implement any
management efficiencies within the small boat station system, such as
modifying the operational posture of units or reallocating resources as
necessary to ensure the safety of the maritime public nationwide. No
stations or subunits may be closed under this subsection except in
accordance with subsection (a).''.
(b) Clerical Amendment.--The analysis at the beginning of chapter 17
of title 14, United States Code, is amended by adding at the end the
following new items:
``673. Small boat station rescue capability.
``674. Small boat station closures.''.
SEC. 310. PENALTY FOR ALTERATION OF MARINE SAFETY EQUIPMENT.
Section 3318(b) of title 46, United States Code, is amended--
(1) by inserting ``(1)'' before ``A person''; and
(2) by adding at the end thereof the following:
``(2) A person commits a class D felony if the person--
``(A) alters or services lifesaving, fire safety, or any
other equipment subject to this part for compensation; and
``(B) by that alteration or servicing, intentionally renders
that equipment unsafe and unfit for the purpose for which it is
intended.''.
[[Page 110 STAT. 3920]]
SEC. 311. PROHIBITION ON OVERHAUL, REPAIR, AND MAINTENANCE OF
COAST GUARD VESSELS IN FOREIGN SHIPYARDS.
(a) Prohibition.--Chapter 5 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 96. Prohibition on overhaul, repair, and maintenance of Coast
Guard vessels in foreign shipyards
``A Coast Guard vessel the home port of which is in a State of the
United States may not be overhauled, repaired, or maintained in a
shipyard outside the United States, other than in the case of voyage
repairs.''.
(b) Clerical Amendment.--The chapter analysis for chapter 5 of title
14, United States Code, is amended by adding at the end the following:
``96. Prohibition on overhaul, repair, and maintenance of Coast Guard
vessels in foreign shipyards.''.
SEC. 312. WITHHOLDING VESSEL CLEARANCE FOR VIOLATION OF CERTAIN
ACTS.
(a) Title 49, United States Code.--Section 5122 of title 49, United
States Code, is amended by adding at the end the following new
subsection:
``(c) Withholding of Clearance.--(1) If any owner, operator, or
individual in charge of a vessel is liable for a civil penalty under
section 5123 of this title or for a fine under section 5124 of this
title, or if reasonable cause exists to believe that such owner,
operator, or individual in charge may be subject to such a civil penalty
or fine, the Secretary of the Treasury, upon the request of the
Secretary, shall with respect to such vessel refuse or revoke any
clearance required by section 4197 of the Revised Statutes of the United
States (46 App. U.S.C. 91).
``(2) Clearance refused or revoked under this subsection may be
granted upon the filing of a bond or other surety satisfactory to the
Secretary.''.
(b) Port and Waterways Safety Act.--Section 13(f) of the Ports and
Waterways Safety Act (33 U.S.C. 1232(f)) is amended to read as follows:
``(f) Withholding of Clearance.--(1) If any owner, operator, or
individual in charge of a vessel is liable for a penalty or fine under
this section, or if reasonable cause exists to believe that the owner,
operator, or individual in charge may be subject to a penalty or fine
under this section, the Secretary of the Treasury, upon the request of
the Secretary, shall with respect to such vessel refuse or revoke any
clearance required by section 4197 of the Revised Statutes of the United
States (46 App. U.S.C. 91).
``(2) Clearance refused or revoked under this subsection may be
granted upon filing of a bond or other surety satisfactory to the
Secretary.''.
(c) Inland Navigation Rules Act of 1980.--Section 4(d) of the Inland
Navigational Rules Act of 1980 (33 U.S.C. 2072(d)) is amended to read as
follows:
``(d) Withholding of Clearance.--(1) If any owner, operator, or
individual in charge of a vessel is liable for a penalty under this
section, or if reasonable cause exists to believe that the owner,
operator, or individual in charge may be subject to a penalty under this
section, the Secretary of the Treasury, upon the request of the
Secretary, shall with respect to such vessel refuse or revoke
[[Page 110 STAT. 3921]]
any clearance required by section 4197 of the Revised Statutes of the
United States (46 App. U.S.C. 91).
``(2) Clearance or a permit refused or revoked under this subsection
may be granted upon filing of a bond or other surety satisfactory to the
Secretary.''.
(d) Title 46, United States Code.--Section 3718(e) of title 46,
United States Code, is amended to read as follows:
``(e)(1) If any owner, operator, or individual in charge of a vessel
is liable for any penalty or fine under this section, or if reasonable
cause exists to believe that the owner, operator, or individual in
charge may be subject to any penalty or fine under this section, the
Secretary of the Treasury, upon the request of the Secretary, shall with
respect to such vessel refuse or revoke any clearance required by
section 4197 of the Revised Statutes of the United States (46 App.
U.S.C. 91).
``(2) Clearance or a permit refused or revoked under this subsection
may be granted upon filing of a bond or other surety satisfactory to the
Secretary.''.
SEC. 313. INFORMATION BARRED IN LEGAL PROCEEDINGS.
(a) In General.--Chapter 63 of title 46, United States Code, is
amended by inserting after section 6307 the following:
``Sec. 6308. Information barred in legal proceedings
``(a) Notwithstanding any other provision of law, no part of a
report of a marine casualty investigation conducted under section 6301
of this title, including findings of fact, opinions, recommendations,
deliberations, or conclusions, shall be admissible as evidence or
subject to discovery in any civil or administrative proceedings, other
than an administrative proceeding initiated by the United States. Any
employee of the Department of Transportation, and any member of the
Coast Guard, investigating a marine casualty pursuant to section 6301 of
this title, shall not be subject to deposition or other discovery, or
otherwise testify in such proceedings relevant to a marine casualty
investigation, without the permission of the Secretary of
Transportation. The Secretary shall not withhold permission for such
employee or member to testify, either orally or upon written questions,
on solely factual matters at a time and place and in a manner acceptable
to the Secretary if the information is not available elsewhere or is not
obtainable by other means.
``(b) Nothing in this section prohibits the United States from
calling the employee or member as an expert witness to testify on its
behalf. Further, nothing in this section prohibits the employee or
member from being called as a fact witness in any case in which the
United States is a party. If the employee or member is called as an
expert or fact witness, the applicable Federal Rules of Civil Procedure
govern discovery. If the employee or member is called as a witness, the
report of a marine casualty investigation conducted under section 6301
of this title shall not be admissible, as provided in subsection (a),
and shall not be considered the report of an expert under the Federal
Rules of Civil Procedure.
``(c) The information referred to in subsections (a) and (b) of this
section shall not be considered an admission of liability by the United
States or by any person referred to in those conclusions and
statements.''.
[[Page 110 STAT. 3922]]
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 63 of title 46, United States Code, is amended by adding after
the item relating to section 6307 the following new item:
``6308. Information barred in legal proceedings.''.
SEC. 314. MARINE CASUALTY REPORTING.
(a) Submission <<NOTE: 46 USC 6102 note.>> of Plan.--Not later than
one year after enactment of this Act, the Secretary of Transportation
shall, in consultation with appropriate State agencies, submit to the
Committee on Resources of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a plan to
increase reporting of vessel accidents to appropriate State law
enforcement officials.
(b) Penalties for Violating Reporting Requirements.--Section 6103(a)
of title 46, United States Code, is amended by inserting ``or 6102''
after ``6101'' the second place it appears.
TITLE IV--COAST GUARD AUXILIARY
SEC. 401. ADMINISTRATION OF THE COAST GUARD AUXILIARY.
(a) In General.--Section 821 of title 14, United States Code, is
amended to read as follows:
``Sec. 821. Administration of the Coast Guard Auxiliary
``(a) The Coast Guard Auxiliary is a nonmilitary organization
administered by the Commandant under the direction of the Secretary. For
command, control, and administrative purposes, the Auxiliary shall
include such organizational elements and units as are approved by the
Commandant, including but not limited to, a national board and staff (to
be known as the `Auxiliary headquarters unit'), districts, regions,
divisions, flotillas, and other organizational elements and units. The
Auxiliary organization and its officers shall have such rights,
privileges, powers, and duties as may be granted to them by the
Commandant, consistent with this title and other applicable provisions
of law. The Commandant may delegate to officers of the Auxiliary the
authority vested in the Commandant by this section, in the manner and to
the extent the Commandant considers necessary or appropriate for the
functioning, organization, and internal administration of the Auxiliary.
``(b) Each organizational element or unit of the Coast Guard
Auxiliary organization (but excluding any corporation formed by an
organizational element or unit of the Auxiliary under subsection (c) of
this section), shall, except when acting outside the scope of section
822, at all times be deemed to be an instrumentality of the United
States, for purposes of the following:
``(1) Chapter 26 of title 28 (popularly known as the Federal
Tort Claims Act).
``(2) Section 2733 of title 10 (popularly known as the
Military Claims Act).
``(3) The Act of March 3, 1925 (46 App. U.S.C. 781-790;
popularly known as the Public Vessels Act).
``(4) The Act of March 9, 1920 (46 App. U.S.C. 741-752;
popularly known as the Suits in Admiralty Act).
``(5) The Act of June 19, 1948 (46 App. U.S.C. 740;
popularly known as the Admiralty Extension Act).
[[Page 110 STAT. 3923]]
``(6) Other matters related to noncontractual civil
liability.
``(c) The national board of the Auxiliary, and any Auxiliary
district or region, may form a corporation under State law in accordance
with policies established by the Commandant.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 23 of title 14, United States Code, is amended by striking the
item relating to section 821, and inserting the following:
``821. Administration of the Coast Guard Auxiliary.''.
SEC. 402. PURPOSE OF THE COAST GUARD AUXILIARY.
(a) In General.--Section 822 of title 14, United States Code, is
amended to read as follows:
``Sec. 822. Purpose of the Coast Guard Auxiliary
``The purpose of the Auxiliary is to assist the Coast Guard as
authorized by the Commandant, in performing any Coast Guard function,
power, duty, role, mission, or operation authorized by law.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 23 of title 14, United States Code, is amended by striking the
item relating to section 822 and inserting the following:
``822. Purpose of the Coast Guard Auxiliary.''.
SEC. 403. MEMBERS OF THE AUXILIARY; STATUS.
(a) In General.--Title 14, United States Code, is amended by
inserting after section 823 the following new section:
``Sec. 823a. Members of the Auxiliary; status
``(a) Except as otherwise provided in this chapter, a member of the
Coast Guard Auxiliary shall not be considered to be a Federal employee
and shall not be subject to the provisions of law relating to Federal
employment, including those relating to hours of work, rates of
compensation, leave, unemployment compensation, Federal employee
benefits, ethics, conflicts of interest, and other similar criminal or
civil statutes and regulations governing the conduct of Federal
employees. However, nothing in this subsection shall constrain the
Commandant from prescribing standards for the conduct and behavior of
members of the Auxiliary.
``(b) A member of the Auxiliary while assigned to duty shall be
deemed to be a Federal employee only for the purposes of the following:
``(1) Chapter 26 of title 28 (popularly known as the Federal
Tort Claims Act).
``(2) Section 2733 of title 10 (popularly known as the
Military Claims Act).
``(3) The Act of March 3, 1925 (46 App. U.S.C. 781-790;
popularly known as the Public Vessels Act).
``(4) The Act of March 9, 1920 (46 App. U.S.C. 741-752;
popularly known as the Suits in Admiralty Act).
``(5) The Act of June 19, 1948 (46 App. U.S.C. 740;
popularly known as the Admiralty Extension Act).
``(6) Other matters related to noncontractual civil
liability.
``(7) Compensation for work injuries under chapter 81 of
title 5.
[[Page 110 STAT. 3924]]
``(8) The resolution of claims relating to damage to or loss
of personal property of the member incident to service under the
Military Personnel and Civilian Employees' Claims Act of 1964
(31 U.S.C. 3721).
``(c) A member of the Auxiliary, while assigned to duty, shall be
deemed to be a person acting under an officer of the United States or an
agency thereof for purposes of section 1442(a)(1) of title 28.''.
(b) Clerical Amendment.--The table of sections for chapter 23 of
title 14, United States Code, is amended by inserting the following new
item after the item relating to section 823:
``823a. Members of the Auxiliary; status.''.
SEC. 404. ASSIGNMENT AND PERFORMANCE OF DUTIES.
(a) Travel and Subsistence Expense.--Section 830(a) of title 14,
United States Code, is amended by striking ``specific''.
(b) Assignment of General Duties.--Section 831 of title 14, United
States Code, is amended by striking ``specific'' each place it appears.
(c) Benefits for Injury or Death.--Section 832 of title 14, United
States Code, is amended by striking ``specific'' each place it appears.
SEC. 405. COOPERATION WITH OTHER AGENCIES, STATES, TERRITORIES, AND
POLITICAL SUBDIVISIONS.
(a) In General.--Section 141 of title 14, United States Code, is
amended--
(1) by striking the section heading and inserting the
following:
``Sec. 141. Cooperation with other agencies, States, territories, and
political subdivisions'';
(2) in the first sentence of subsection (a), by inserting
after ``personnel and facilities'' the following: ``(including
members of the Auxiliary and facilities governed under chapter
23)''; and
(3) by adding at the end of subsection (a) the following new
sentence: ``The Commandant may prescribe conditions, including
reimbursement, under which personnel and facilities may be
provided under this subsection.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of title 14, United States Code, is amended by striking the
item relating to section 141 and inserting the following:
``141. Cooperation with other agencies, States, territories, and
political subdivisions.''.
SEC. 406. VESSEL DEEMED PUBLIC VESSEL.
Section 827 of title 14, United States Code, is amended to read as
follows:
``Sec. 827. Vessel deemed public vessel
``While assigned to authorized Coast Guard duty, any motorboat or
yacht shall be deemed to be a public vessel of the United States and a
vessel of the Coast Guard within the meaning of sections 646 and 647 of
this title and other applicable provisions of law.''.
[[Page 110 STAT. 3925]]
SEC. 407. AIRCRAFT DEEMED PUBLIC AIRCRAFT.
Section 828 of title 14, United States Code, is amended to read as
follows:
``Sec. 828. Aircraft deemed public aircraft
``While assigned to authorized Coast Guard duty, any aircraft shall
be deemed to be a Coast Guard aircraft, a public vessel of the United
States, and a vessel of the Coast Guard within the meaning of sections
646 and 647 of this title and other applicable provisions of law.
Subject to the provisions of sections 823a and 831 of this title, while
assigned to duty, qualified Auxiliary pilots shall be deemed to be Coast
Guard pilots.''.
SEC. 408. DISPOSAL OF CERTAIN MATERIAL.
Section 641(a) of title 14, United States Code, is amended--
(1) by inserting after ``with or without charge,'' the
following: ``to the Coast Guard Auxiliary, including any
incorporated unit thereof,''; and
(2) by striking ``to any incorporated unit of the Coast
Guard Auxiliary,''.
TITLE V--DEEPWATER <<NOTE: Deepwater Port Modernization Act.>> PORT
MODERNIZATION
SEC. 501. <<NOTE: 33 USC 1501 note.>> SHORT TITLE.
This title may be cited as the ``Deepwater Port Modernization Act''.
SEC. 502. <<NOTE: 33 USC 1501 note.>> DECLARATIONS OF PURPOSE AND
POLICY.
(a) Purposes.--The purposes of this title are to--
(1) update and improve the Deepwater Port Act of 1974;
(2) assure that the regulation of deepwater ports is not
more burdensome or stringent than necessary in comparison to the
regulation of other modes of importing or transporting oil;
(3) recognize that deepwater ports are generally subject to
effective competition from alternative transportation modes and
eliminate, for as long as a port remains subject to effective
competition, unnecessary Federal regulatory oversight or
involvement in the ports' business and economic decisions; and
(4) promote innovation, flexibility, and efficiency in the
management and operation of deepwater ports by removing or
reducing any duplicative, unnecessary, or overly burdensome
Federal regulations or license provisions.
(b) Policy.--Section 2(a) of the Deepwater Port Act of 1974 (33
U.S.C. 1501(a)) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting a semicolon; and
(3) by inserting at the end the following:
``(5) promote the construction and operation of deepwater
ports as a safe and effective means of importing oil into the
United States and transporting oil from the outer continental
shelf while minimizing tanker traffic and the risks attendant
thereto; and
[[Page 110 STAT. 3926]]
``(6) promote oil production on the outer continental shelf
by affording an economic and safe means of transportation of
outer continental shelf oil to the United States mainland.''.
SEC. 503. DEFINITIONS.
(a) Antitrust Laws.--Section 3 of the Deepwater Port Act of 1974 (33
U.S.C. 1502) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) through (19) as
paragraphs (3) through (18), respectively.
(b) Deepwater Port.--The first sentence of section 3(9) of such Act,
as redesignated by subsection (a), is amended by striking ``such
structures,'' and all that follows through ``section 23.'' and inserting
the following: ``structures, located beyond the territorial sea and off
the coast of the United States and which are used or intended for use as
a port or terminal for the transportation, storage, and further handling
of oil for transportation to any State, except as otherwise provided in
section 23, and for other uses not inconsistent with the purposes of
this title, including transportation of oil from the United States outer
continental shelf.''.
SEC. 504. LICENSES.
(a) Elimination of Utilization Restrictions.--Section 4(a) of the
Deepwater Port Act of 1974 (33 U.S.C. 1503(a)) is amended by striking
all that follows the second sentence.
(b) Elimination of Precondition to Licensing.--Section 4(c) of such
Act is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8), (9), and (10) as
paragraphs (7), (8), and (9), respectively.
(c) Conditions Prescribed by Secretary.--Section 4(e)(1) of such Act
is amended by striking the first sentence and inserting the following:
``In issuing a license for the ownership, construction, and operation of
a deepwater port, the Secretary shall prescribe those conditions which
the Secretary deems necessary to carry out the provisions and
requirements of this title or which are otherwise required by any
Federal department or agency pursuant to the terms of this title. To the
extent practicable, conditions required to carry out the provisions and
requirements of this title shall be addressed in license conditions
rather than by regulation and, to the extent practicable, the license
shall allow a deepwater port's operating procedures to be stated in an
operations manual, approved by the Coast Guard, in accordance with
section 10(a) of this title, rather than in detailed and specific
license conditions or regulations; except that basic standards and
conditions shall be addressed in regulations.''.
(d) Elimination of Restriction on Transfers.--Section 4(e)(2) of
such Act is amended by striking ``application'' and inserting
``license''.
(e) Findings Required for Transfers.--Section 4(f) of such Act is
amended to read as follows:
``(f) Amendments, Transfers, and Reinstatements.--The Secretary may
amend, transfer, or reinstate a license issued under this title if the
Secretary finds that the amendment, transfer, or reinstatement is
consistent with the requirements of this Act.''.
[[Page 110 STAT. 3927]]
SEC. 505. INFORMATIONAL FILINGS.
Section 5(c) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c))
is amended by adding the following:
``(3) Upon written request of any person subject to this subsection,
the Secretary may make a determination in writing to exempt such person
from any of the informational filing provisions enumerated in this
subsection or the regulations implementing this section if the Secretary
determines that such information is not necessary to facilitate the
Secretary's determinations under section 4 of this Act and that such
exemption will not limit public review and evaluation of the deepwater
port project.''.
SEC. 506. ANTITRUST REVIEW.
Section 7 of the Deepwater Port Act of 1974 (33 U.S.C. 1506) is
repealed.
SEC. 507. OPERATION.
(a) As Common Carrier.--Section 8(a) of the Deepwater Port Act of
1974 (33 U.S.C. 1507(a)) is amended by inserting after ``subtitle IV of
title 49, United States Code,'' the following: ``and shall accept,
transport, or convey without discrimination all oil delivered to the
deepwater port with respect to which its license is issued,''.
(b) Conforming Amendment.--Section 8(b) of such Act is amended by
striking the first sentence and the first 3 words of the second sentence
and inserting the following: ``A licensee is not discriminating under
this section and''.
SEC. 508. MARINE ENVIRONMENTAL PROTECTION AND NAVIGATIONAL SAFETY.
Section 10(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1509(a))
is amended--
(1) by inserting after ``international law'' the following:
``and the provision of adequate opportunities for public
involvement''; and
(2) by striking ``shall prescribe by regulation and enforce
procedures with respect to any deepwater port, including, but
not limited to,'' and inserting the following: ``shall prescribe
and enforce procedures, either by regulation (for basic
standards and conditions) or by the licensee's operations
manual, with respect to''.
TITLE VI--COAST <<NOTE: Coast Guard Regulatory Reform Act of
1996.>> GUARD REGULATORY REFORM
SEC. 601. SHORT <<NOTE: 46 USC 2101 note.>> TITLE.
This title may be cited as the ``Coast Guard Regulatory Reform Act
of 1996''.
SEC. 602. SAFETY MANAGEMENT.
(a) Management of Vessels.--Title 46, United States Code, is amended
by adding after chapter 31 the following new chapter:
``CHAPTER 32--MANAGEMENT OF VESSELS
``Sec.
``3201. Definitions.
[[Page 110 STAT. 3928]]
``3202. Application.
``3203. Safety management system.
``3204. Implementation of safety management system.
``3205. Certification.
``Sec. 3201. Definitions
``In this chapter--
``(1) `International Safety Management Code' has the same
meaning given that term in chapter IX of the Annex to the
International Convention for the Safety of Life at Sea, 1974;
``(2) `responsible person' means--
``(A) the owner of a vessel to which this chapter
applies; or
``(B) any other person that has--
``(i) assumed the responsibility for operation
of a vessel to which this chapter applies from the
owner; and
``(ii) agreed to assume with respect to the
vessel responsibility for complying with all the
requirements of this chapter and the regulations
prescribed under this chapter.
``(3) `vessel engaged on a foreign voyage' means a vessel to
which this chapter applies--
``(A) arriving at a place under the jurisdiction of
the United States from a place in a foreign country;
``(B) making a voyage between places outside the
United States; or
``(C) departing from a place under the jurisdiction
of the United States for a place in a foreign country.
``Sec. 3202. Application
``(a) Mandatory Application.--This chapter applies to the following
vessels engaged on a foreign voyage:
``(1) Beginning July 1, 1998--
``(A) a vessel transporting more than 12 passengers
described in section 2101(21)(A) of this title; and
``(B) a tanker, bulk freight vessel, or high-speed
freight vessel, of at least 500 gross tons.
``(2) Beginning July 1, 2002, a freight vessel and a self-
propelled mobile offshore drilling unit of at least 500 gross
tons.
``(b) Voluntary Application.--This chapter applies to a vessel not
described in subsection (a) of this section if the owner of the vessel
requests the Secretary to apply this chapter to the vessel.
``(c) Exception.--Except as provided in subsection (b) of this
section, this chapter does not apply to--
``(1) a barge;
``(2) a recreational vessel not engaged in commercial
service;
``(3) a fishing vessel;
``(4) a vessel operating on the Great Lakes or its tributary
and connecting waters; or
``(5) a public vessel.
``Sec. 3203. Safety management system
``(a) In <<NOTE: Regulations.>> General.--The Secretary shall
prescribe regulations which establish a safety management system for
responsible persons and vessels to which this chapter applies,
including--
``(1) a safety and environmental protection policy;
[[Page 110 STAT. 3929]]
``(2) instructions and procedures to ensure safe operation
of those vessels and protection of the environment in compliance
with international and United States law;
``(3) defined levels of authority and lines of
communications between, and among, personnel on shore and on the
vessel;
``(4) procedures for reporting accidents and nonconformities
with this chapter;
``(5) procedures for preparing for and responding to
emergency situations; and
``(6) procedures for internal audits and management reviews
of the system.
``(b) Compliance With Code.--Regulations prescribed under this
section shall be consistent with the International Safety Management
Code with respect to vessels engaged on a foreign voyage.
``Sec. 3204. Implementation of safety management system
``(a) Safety Management Plan.--Each responsible person shall
establish and submit to the Secretary for approval a safety management
plan describing how that person and vessels of the person to which this
chapter applies will comply with the regulations prescribed under
section 3203(a) of this title.
``(b) Approval.--Upon receipt of a safety management plan submitted
under subsection (a), the Secretary shall review the plan and approve it
if the Secretary determines that it is consistent with and will assist
in implementing the safety management system established under section
3203.
``(c) Prohibition on Vessel Operation.--A vessel to which this
chapter applies under section 3202(a) may not be operated without having
on board a Safety Management Certificate and a copy of a Document of
Compliance issued for the vessel under section 3205 of this title.
``Sec. 3205. Certification
``(a) Issuance of Certificate and Document.--After verifying that
the responsible person for a vessel to which this chapter applies and
the vessel comply with the applicable requirements under this chapter,
the Secretary shall issue for the vessel, on request of the responsible
person, a Safety Management Certificate and a Document of Compliance.
``(b) Maintenance of Certificate and Document.--A Safety Management
Certificate and a Document of Compliance issued for a vessel under this
section shall be maintained by the responsible person for the vessel as
required by the Secretary.
``(c) Verification of Compliance.--The Secretary shall--
``(1) periodically review whether a responsible person
having a safety management plan approved under section 3204(b)
and each vessel to which the plan applies is complying with the
plan; and
``(2) revoke the Secretary's approval of the plan and each
Safety Management Certificate and Document of Compliance issued
to the person for a vessel to which the plan applies, if the
Secretary determines that the person or a vessel to which the
plan applies has not complied with the plan.
``(d) Enforcement.--At the request of the Secretary, the Secretary
of the Treasury shall withhold or revoke the clearance required by
section 4197 of the Revised Statutes (46 U.S.C. App.
[[Page 110 STAT. 3930]]
91) of a vessel that is subject to this chapter under section 3202(a) of
this title or to the International Safety Management Code, if the vessel
does not have on board a Safety Management Certificate and a copy of a
Document of Compliance for the vessel. Clearance may be granted on
filing a bond or other surety satisfactory to the Secretary.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle II of title 46, United States Code, is amended by inserting
after the item relating to chapter 31 the following:
``32. Management of vessels......................................3201''.
(c) <<NOTE: 46 USC 3201 note.>> Study.--
(1) In general.--The Secretary of the department in which
the Coast Guard is operating shall conduct, in cooperation with
the owners, charterers, and managing operators of vessels
documented under chapter 121 of title 46, United States Code,
and other interested persons, a study of the methods that may be
used to implement and enforce the International Management Code
for the Safe Operation of Ships and for Pollution Prevention
under chapter IX of the Annex to the International Convention
for the Safety of Life at Sea, 1974.
(2) Report.--The Secretary shall submit to the Congress a
report of the results of the study required under paragraph (1)
before the earlier of--
(A) the date that final regulations are prescribed
under section 3203 of title 46, United States Code (as
enacted by subsection (a); or
(B) the date that is 1 year after the date of
enactment of this Act.
SEC. 603. USE OF REPORTS, DOCUMENTS, RECORDS, AND EXAMINATIONS OF
OTHER PERSONS.
(a) Reports, Documents, and Records.--Chapter 31 of title 46, United
States Code, is amended by adding the following new section:
``Sec. 3103. Use of reports, documents, and records
``The Secretary may rely, as evidence of compliance with this
subtitle, on--
``(1) reports, documents, and records of other persons who
have been determined by the Secretary to be reliable; and
``(2) other methods the Secretary has determined to be
reliable.''.
(b) Clerical Amendment.--The table of sections for chapter 31 of
title 46, United States Code, is amended by adding at the end the
following:
``3103. Use of reports, documents, and records.''.
(c) Examinations.--Section 3308 of title 46, United States Code, is
amended by inserting ``or have examined'' after ``examine''.
SEC. 604. EQUIPMENT APPROVAL.
(a) In General.--Section 3306(b) of title 46, United States Code, is
amended to read as follows:
``(b)(1) Equipment and material subject to regulation under this
section may not be used on any vessel without prior approval of the
Secretary.
``(2) Except with respect to use on a public vessel, the Secretary
may treat an approval of equipment or materials by a foreign
[[Page 110 STAT. 3931]]
government as approval by the Secretary for purposes of paragraph (1) if
the Secretary determines that--
``(A) the design standards and testing procedures used by
that government meet the requirements of the International
Convention for the Safety of Life at Sea, 1974;
``(B) the approval of the equipment or material by the
foreign government will secure the safety of individuals and
property on board vessels subject to inspection; and
``(C) for lifesaving equipment, the foreign government--
``(i) has given equivalent treatment to approvals of
lifesaving equipment by the Secretary; and
``(ii) otherwise ensures that lifesaving equipment
approved by the Secretary may be used on vessels that
are documented and subject to inspection under the laws
of that country.''.
(b) Foreign <<NOTE: 46 USC 3306 note.>> Approvals.--The Secretary of
Transportation, in consultation with other interested Federal agencies,
shall work with foreign governments to have those governments approve
the use of the same equipment and materials on vessels documented under
the laws of those countries that the Secretary requires on United States
documented vessels.
(c) Technical Amendment.--Section 3306(a)(4) of title 46, United
States Code, is amended by striking ``clauses (1)-(3)'' and inserting
``paragraphs (1), (2), and (3)''.
SEC. 605. FREQUENCY OF INSPECTION.
(a) Frequency of Inspection, Generally.--Section 3307 of title 46,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``and nautical school vessel'' and
inserting ``, nautical school vessel, and small
passenger vessel allowed to carry more than 12
passengers on a foreign voyage''; and
(B) by adding ``and'' after the semicolon at the
end;
(2) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2); and
(3) in paragraph (2) (as so redesignated), by striking ``2
years'' and inserting ``5 years''.
(b) Conforming Amendment.--Section 3710(b) of title 46, United
States Code, is amended by striking ``24 months'' and inserting ``5
years''.
SEC. 606. CERTIFICATE OF INSPECTION.
Section 3309(c) of title 46, United States Code, is amended by
striking ``(but not more than 60 days)''.
SEC. 607. DELEGATION OF AUTHORITY OF SECRETARY TO CLASSIFICATION
SOCIETIES.
(a) Authority to Delegate.--Section 3316 of title 46, United States
Code, is amended--
(1) by striking subsections (a) and (d);
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively;
(3) by striking ``Bureau'' in subsection (a), as
redesignated, and inserting ``American Bureau of Shipping''; and
(4) in subsection (b), as so redesignated, by--
(A) redesignating paragraph (2) as paragraph (3);
and
[[Page 110 STAT. 3932]]
(B) striking so much of the subsection as precedes
paragraph (3), as so redesignated, and inserting the
following:
``(b)(1) The Secretary may delegate to the American Bureau of
Shipping or another classification society recognized by the Secretary
as meeting acceptable standards for such a society, for a vessel
documented or to be documented under chapter 121 of this title, the
authority to--
``(A) review and approve plans required for issuing a
certificate of inspection required by this part;
``(B) conduct inspections and examinations; and
``(C) issue a certificate of inspection required by this
part and other related documents.
``(2) The Secretary may make a delegation under paragraph (1) to a
foreign classification society only--
``(A) to the extent that the government of the foreign
country in which the society is headquartered delegates
authority and provides access to the American Bureau of Shipping
to inspect, certify, and provide related services to vessels
documented in that country; and
``(B) if the foreign classification society has offices and
maintains records in the United States.''.
(b) Conforming Amendments.--
(1) The heading for section 3316 of title 46, United States
Code, is amended to read as follows:
``Sec. 3316. Classification societies''.
(2) The table of sections for chapter 33 of title 46, United
States Code, is amended by striking the item relating to section
3316 and inserting the following:
``3316. Classification societies.''.
TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS
SEC. 701. AMENDMENT OF INLAND NAVIGATION RULES.
Section 2 of the Inland Navigational Rules Act of 1980 is amended--
(1) by amending Rule 9(e)(i) (33 U.S.C. 2009(e)(i)) to read
as follows:
``(i) In a narrow channel or fairway when overtaking, the power-
driven vessel intending to overtake another power-driven vessel shall
indicate her intention by sounding the appropriate signal prescribed in
Rule 34(c) and take steps to permit safe passing. The power-driven
vessel being overtaken, if in agreement, shall sound the same signal and
may, if specifically agreed to take steps to permit safe passing. If in
doubt she shall sound the danger signal prescribed in Rule 34(d).'';
(2) in Rule 15(b) (33 U.S.C. 2015(b)) by inserting ``power-
driven'' after ``Secretary, a'';
(3) in Rule 23(a)(i) (33 U.S.C. 2023(a)(i)) after ``masthead
light forward''; by striking ``except that a vessel of less than
20 meters in length need not exhibit this light forward of
amidships but shall exhibit it as far forward as is
practicable;'';
(4) by amending Rule 24(f) (33 U.S.C. 2024(f)) to read as
follows:
[[Page 110 STAT. 3933]]
``(f) Provided that any number of vessels being towed alongside or
pushed in a group shall be lighted as one vessel, except as provided in
paragraph (iii)--
``(i) a vessel being pushed ahead, not being part of a
composite unit, shall exhibit at the forward end, sidelights and
a special flashing light;
``(ii) a vessel being towed alongside shall exhibit a
sternlight and at the forward end, sidelights and a special
flashing light; and
``(iii) when vessels are towed alongside on both sides of
the towing vessels a stern light shall be exhibited on the stern
of the outboard vessel on each side of the towing vessel, and a
single set of sidelights as far forward and as far outboard as
is practicable, and a single special flashing light.'';
(5) in Rule 26 (33 U.S.C. 2026)--
(A) in each of subsections (b)(i) and (c)(i) by
striking ``a vessel of less than 20 meters in length may
instead of this shape exhibit a basket;''; and
(B) by amending subsection (d) to read as follows:
``(d) The additional signals described in Annex II to these Rules
apply to a vessel engaged in fishing in close proximity to other vessels
engaged in fishing.''; and
(6) by amending Rule 34(h) (33 U.S.C. 2034) to read as
follows:
``(h) A vessel that reaches agreement with another vessel in a head-
on, crossing, or overtaking situation, as for example, by using the
radiotelephone as prescribed by the Vessel Bridge-to-Bridge
Radiotelephone Act (85 Stat. 164; 33 U.S.C. 1201 et seq.), is not
obliged to sound the whistle signals prescribed by this rule, but may do
so. If agreement is not reached, then whistle signals shall be exchanged
in a timely manner and shall prevail.''.
SEC. 702. MEASUREMENT OF VESSELS.
Section 14104 of title 46, United States Code, is amended by
redesignating the existing text after the section heading as subsection
(a) and by adding at the end the following new subsection:
``(b) If a statute allows for an alternate tonnage to be prescribed
under this section, the Secretary may prescribe it by regulation. Any
such regulation shall be considered to be an interpretive regulation for
purposes of section 553 of title 5. Until an alternate tonnage is
prescribed, the statutorily established tonnage shall apply to vessels
measured under chapter 143 or chapter 145 of this title.
``(c) The head of each Federal agency shall ensure that regulations
issued by the agency that specify particular tonnages comply with the
alternate tonnages implemented by the Secretary.''.
SEC. 703. LONGSHORE AND HARBOR WORKERS COMPENSATION.
Section 3(d)(3)(B) of the Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 903(d)(3)(B)) is amended by inserting after ``1,600 tons
gross'' the following: ``as measured under section 14502 of title 46,
United States Code, or an alternate tonnage measured under section 14302
of that title as prescribed by the Secretary under section 14104 of that
title''.
SEC. 704. RADIOTELEPHONE REQUIREMENTS.
Section 4(a)(2) of the Vessel Bridge-to-Bridge Radiotelephone Act
(33 U.S.C. 1203(a)(2)) is amended by inserting after ``one hun
[[Page 110 STAT. 3934]]
dred gross tons'' the following: ``as measured under section 14502 of
title 46, United States Code, or an alternate tonnage measured under
section 14302 of that title as prescribed by the Secretary under section
14104 of that title,''.
SEC. 705. VESSEL OPERATING REQUIREMENTS.
Section 4(a)(3) of the Ports and Waterways Safety Act (33 U.S.C.
1223(a)(3)) is amended by inserting after ``300 gross tons'' the
following: ``as measured under section 14502 of title 46, United States
Code, or an alternate tonnage measured under section 14302 of that title
as prescribed by the Secretary under section 14104 of that title''.
SEC. 706. MERCHANT MARINE ACT, 1920.
Section 27A of the Merchant Marine Act, 1920 (46 App. U.S.C. 883-1),
is amended by inserting after ``five hundred gross tons'' the following:
``as measured under section 14502 of title 46, United States Code, or an
alternate tonnage measured under section 14302 of that title as
prescribed by the Secretary under section 14104 of that title,''.
SEC. 707. MERCHANT MARINE ACT, 1956.
Section 2 of the Act of June 14, 1956 (46 App. U.S.C. 883a), is
amended by inserting after ``five hundred gross tons'' the following:
``as measured under section 14502 of title 46, United States Code, or an
alternate tonnage measured under section 14302 of that title as
prescribed by the Secretary under section 14104 of that title''.
SEC. 708. MARITIME EDUCATION AND TRAINING.
Section 1302(4)(A) of the Merchant Marine Act, 1936 (46 U.S.C. App.
1295a(4)(a)) is amended by inserting after ``1,000 gross tons or more''
the following: ``as measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured under section 14302 of
that title as prescribed by the Secretary under section 14104 of that
title''.
SEC. 709. GENERAL DEFINITIONS.
Section 2101 of title 46, United States Code, is amended--
(1) in paragraph (13), by inserting after ``15 gross tons''
the following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this
title'';
(2) in paragraph (13a), by inserting after ``3,500 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title'';
(3) in paragraph (19), by inserting after ``500 gross tons''
the following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this
title'';
(4) in paragraph (22), by inserting after ``100 gross tons''
the following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
[[Page 110 STAT. 3935]]
title as prescribed by the Secretary under section 14104 of this
title'';
(5) in paragraph (30)(A), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title'';
(6) in paragraph (32), by inserting after ``100 gross tons''
the following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this
title'';
(7) in paragraph (33), by inserting after ``300 gross tons''
the following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this
title'';
(8) in paragraph (35), by inserting after ``100 gross tons''
the following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this
title''; and
(9) in paragraph (42), by inserting after ``100 gross tons''
each place it appears, the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary
under section 14104 of this title''.
SEC. 710. AUTHORITY TO EXEMPT CERTAIN VESSELS.
Section 2113 of title 46, United States Code, is amended--
(1) in paragraph (4), by inserting after ``at least 100
gross tons but less than 300 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as prescribed
by the Secretary under section 14104 of this title''; and
(2) in paragraph (5), by inserting after ``at least 100
gross tons but less than 500 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as prescribed
by the Secretary under section 14104 of this title''.
SEC. 711. INSPECTION OF VESSELS.
Section 3302 of title 46, United States Code, is amended--
(1) in subsection (c)(1), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title'';
(2) in subsection (c)(2), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title'';
(3) in subsection (c)(4)(A), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title'';
[[Page 110 STAT. 3936]]
(4) in subsection (d)(1), by inserting after ``150 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title'';
(5) in subsection (i)(1)(A), by inserting after ``300 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title''; and
(6) in subsection (j), by inserting after ``15 gross tons''
the following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this
title''.
SEC. 712. REGULATIONS.
Section 3306 of title 46, United States Code, is amended--
(1) in subsection (h), by inserting after ``at least 100
gross tons but less than 300 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as prescribed
by the Secretary under section 14104 of this title''; and
(2) in subsection (i), by inserting after ``at least 100
gross tons but less than 500 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as prescribed
by the Secretary under section 14104 of this title''.
SEC. 713. PENALTIES--INSPECTION OF VESSELS.
Section 3318 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting after ``100 gross tons''
the following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this
title''; and
(2) in subsection (j)(1), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title''.
SEC. 714. APPLICATION--TANK VESSELS.
Section 3702 of title 46, United States Code, is amended--
(1) in subsection (b)(1), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title'';
(2) in subsection (c), by inserting after ``500 gross tons''
the following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this
title''; and
(3) in subsection (d), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this
[[Page 110 STAT. 3937]]
title as prescribed by the Secretary under section 14104 of this
title''.
SEC. 715. TANK VESSEL CONSTRUCTION STANDARDS.
Section 3703a of title 46, United States Code, is amended--
(1) in subsection (b)(2), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title'';
(2) in subsection (c)(2), by inserting after ``5,000 gross
tons'' each place it appears the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary
under section 14104 of this title'';
(3) in subsection (c)(3)(A), by inserting after ``15,000
gross tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section 14302
of this title as prescribed by the Secretary under section 14104
of this title'';
(4) in subsection (c)(3)(B), by inserting after ``30,000
gross tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section 14302
of this title as prescribed by the Secretary under section 14104
of this title''; and
(5) in subsection (c)(3)(C), by inserting after ``30,000
gross tons'' the following: ``as measured under section 14502 of
this title, or an alternate tonnage measured under section 14302
of this title as prescribed by the Secretary under section 14104
of this title''.
SEC. 716. TANKER MINIMUM STANDARDS.
Section 3707 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting after ``10,000 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title''; and
(2) in subsection (b), by inserting after ``10,000 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title''.
SEC. 717. SELF-PROPELLED TANK VESSEL MINIMUM STANDARDS.
Section 3708 of title 46, United States Code, is amended by
inserting after ``10,000 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 718. DEFINITION--ABANDONMENT OF BARGES.
Section 4701(1) of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
[[Page 110 STAT. 3938]]
SEC. 719. APPLICATION--LOAD LINES.
Section 5102(b) of title 46, United States Code, is amended--
(1) in paragraph (4), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title'';
(2) in paragraph (5), by inserting after ``500 gross tons''
the following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this
title''; and
(3) in paragraph (10), by inserting after ``150 gross tons''
the following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this
title''.
SEC. 720. LICENSING OF INDIVIDUALS.
Section 7101(e)(3) of title 46, United States Code, is amended by
inserting after ``1,600 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 721. ABLE SEAMEN--LIMITED.
Section 7308 of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 722. ABLE SEAMEN--OFFSHORE SUPPLY VESSELS.
Section 7310 of title 46, United States Code, is amended by
inserting after ``500 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 723. SCALE OF EMPLOYMENT--ABLE SEAMEN.
Section 7312 of title 46, United States Code, is amended--
(1) in subsection (b), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title'';
(2) in subsection (c)(1), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title'';
(3) in subsection (d), by inserting after ``500 gross tons''
the following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this
title'';
(4) in subsection (f)(1), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of this
title,
[[Page 110 STAT. 3939]]
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this
title''; and
(5) in subsection (f)(2), by inserting after ``5,000 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title''.
SEC. 724. GENERAL REQUIREMENTS--ENGINE DEPARTMENT.
Section 7313(a) of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 725. COMPLEMENT OF INSPECTED VESSELS.
Section 8101(h) of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 726. WATCHMEN.
Section 8102(b) of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 727. CITIZENSHIP AND NAVAL RESERVE REQUIREMENTS.
Section 8103(b)(3)(A) of title 46, United States Code, is amended by
inserting after ``1,600 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 728. WATCHES.
Section 8104 of title 46, United States Code, is amended--
(1) in subsection (b), by inserting after ``100 gross tons''
the following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this
title'';
(2) in subsection (d), by inserting after ``100 gross tons''
and after ``5,000 gross tons'' the following: ``as measured
under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title'';
(3) in subsection (l)(1), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title'';
(4) in subsection (m)(1), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302
[[Page 110 STAT. 3940]]
of this title as prescribed by the Secretary under section 14104
of this title'';
(5) in subsection (o)(1), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title''; and
(6) in subsection (o)(2), by inserting after ``500 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title''.
SEC. 729. MINIMUM NUMBER OF LICENSED INDIVIDUALS.
Section 8301 of title 46, United States Code, is amended--
(1) in subsection (a)(2), by inserting after ``1,000 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title'';
(2) in subsection (a)(3), by inserting after ``at least 200
gross tons but less than 1,000 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as prescribed
by the Secretary under section 14104 of this title'';
(3) in subsection (a)(4), by inserting after ``at least 100
gross tons but less than 200 gross tons'' the following: ``as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as prescribed
by the Secretary under section 14104 of this title'';
(4) in subsection (a)(5), by inserting after ``300 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title''; and
(5) in subsection (b), by inserting after ``200 gross tons''
the following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this
title''.
SEC. 730. OFFICERS' COMPETENCY CERTIFICATES CONVENTION.
Section 8304(b)(4) of title 46, United States Code, is amended by
inserting after ``200 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 731. MERCHANT MARINERS' DOCUMENTS REQUIRED.
Section 8701 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting after ``100 gross tons''
the following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this
title''; and
(2) in subsection (a)(6), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302
[[Page 110 STAT. 3941]]
of this title as prescribed by the Secretary under section 14104
of this title''.
SEC. 732. CERTAIN CREW REQUIREMENTS.
Section 8702 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting after ``100 gross tons''
the following: ``as measured under section 14502 of this title,
or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this
title''; and
(2) in subsection (a)(6), by inserting after ``1,600 gross
tons'' the following: ``as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title''.
SEC. 733. FREIGHT VESSELS.
Section 8901 of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 734. EXEMPTIONS.
Section 8905(b) of title 46, United States Code, is amended by
inserting after ``200 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 735. UNITED STATES REGISTERED PILOT SERVICE.
Section 9303(a)(2) of title 46, United States Code, is amended by
inserting after ``4,000 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 736. DEFINITIONS--MERCHANT SEAMEN PROTECTION.
Section 10101(4)(B) of title 46, United States Code, is amended by
inserting after ``1,600 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 737. APPLICATION--FOREIGN AND INTERCOASTAL VOYAGES.
Section 10301(a)(2) of title 46, United States Code, is amended by
inserting after ``75 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 738. APPLICATION--COASTWISE VOYAGES.
Section 10501(a) of title 46, United States Code, is amended by
inserting after ``50 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
[[Page 110 STAT. 3942]]
SEC. 739. FISHING AGREEMENTS.
Section 10601(a)(1) of title 46, United States Code, is amended by
inserting after ``20 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 740. ACCOMMODATIONS FOR SEAMEN.
Section 11101(a) of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 741. MEDICINE CHESTS.
Section 11102(a) of title 46, United States Code, is amended by
inserting after ``75 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 742. LOGBOOK AND ENTRY REQUIREMENTS.
Section 11301(a)(2) of title 46, United States Code, is amended by
inserting after ``100 gross tons'' the following: ``as measured under
section 14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under section
14104 of this title''.
SEC. 743. COASTWISE ENDORSEMENTS.
Section 12106(c)(1) of title 46, United States Code, is amended by
striking ``two hundred gross tons'' and inserting ``200 gross tons as
measured under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title''.
SEC. 744. FISHERY ENDORSEMENTS.
Section 12108(c)(1) of title 46, United States Code, is amended by
striking ``two hundred gross tons'' and inserting ``200 gross tons as
measured under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title''.
SEC. 745. CONVENTION TONNAGE FOR LICENSES, CERTIFICATES, AND
DOCUMENTS.
(a) Authority To Use Convention Tonnage.--Chapter 75 of title 46,
United States Code, is amended by adding at the end the following:
``Sec. 7506. Convention tonnage for licenses, certificates, and
documents
``Notwithstanding any provision of section 14302(c) or 14305 of this
title, the Secretary may--
``(1) evaluate the service of an individual who is applying
for a license, a certificate of registry, or a merchant
mariner's document by using the tonnage as measured under
chapter 143 of this title for the vessels on which that service
was acquired, and
``(2) issue the license, certificate, or document based on
that service.''.
[[Page 110 STAT. 3943]]
(b) Clerical Amendment.--The analysis to chapter 75 of title 46,
United States Code, is amended by adding a new item as follows:
``7506. Convention tonnage for licenses, certificates, and documents.''.
SEC. 746. TECHNICAL CORRECTIONS.
(a) Title 46, United States Code, is amended--
(1) by striking the first section 12123 in chapter 121;
(2) by striking the first item relating to section 12123 in
the table of sections for such chapter 121;
(3) by striking ``proceeding'' in section 13108(a)(1) and
inserting ``preceding''; and
(4) by striking ``Secertary'' in section 13108(a)(1) and
inserting ``Secretary''.
(b) Section 645 of title 14, United States Code, is amended by
redesignating the second subsection (d) and subsections (e) through (h)
as subsection (e) and subsections (f) through (i), respectively.
(c) <<NOTE: Effective date.>> Effective September 30, 1996, the Act
of November 6, 1966 (Public Law 89-777), is amended--
(1) in section 2(d) (46 U.S.C. App. 817d(d)) by striking
``Shipping Act, 1916,'' and inserting ``Shipping Act of 1984'';
and
(2) in section 3(d) (46 U.S.C. App. 817e(d)) by striking
``Shipping Act, 1916,'' and inserting ``Shipping Act of 1984''.
(d) Section 672 of title 14, United States Code, is amended by
striking the section heading and inserting the following:
``Sec. 672. Long-term lease authority for navigation and communications
systems sites''.
SEC. 747. TECHNICAL CORRECTIONS TO REFERENCES TO ICC.
Section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), is
amended--
(1) in the third proviso--
(A) by striking ``Interstate Commerce Commission''
and inserting ``Surface Transportation Board''; and
(B) by striking ``said Commission'' and inserting
``the Board''; and
(2) in the fifth proviso--
(A) by striking ``Interstate Commerce Commission''
the first place it appears and inserting ``Surface
Transportation Board''; and
(B) by striking ``Interstate Commerce Commission''
the second place it appears and inserting ``Board''.
TITLE VIII--POLLUTION FROM SHIPS
SEC. 801. PREVENTION OF POLLUTION FROM SHIPS.
(a) In General.--Section 6 of the Act to Prevent Pollution From
Ships (33 U.S.C. 1905) is amended--
(1) by striking ``(2) If'' in subsection (c)(2) and
inserting ``(2)(A) Subject to subparagraph (B), if''; and
(2) by adding at the end of subsection (c)(2) the following:
``(B) The Secretary may not issue a certificate attesting to the
adequacy of reception facilities under this paragraph unless, prior to
the issuance of the certificate, the Secretary conducts an
[[Page 110 STAT. 3944]]
inspection of the reception facilities of the port or terminal that is
the subject of the certificate.
``(C) The Secretary may, with respect to certificates issued under
this paragraph prior to the date of enactment of the Coast Guard
Authorization Act of 1996, prescribe by regulation differing periods of
validity for such certificates.'';
(3) by striking subsection (c)(3)(A) and inserting the
following:
``(A) is valid for the 5-year period beginning on the date
of issuance of the certificate, except that if--
``(i) the charge for operation of the port or
terminal is transferred to a person or entity other than
the person or entity that is the operator on the date of
issuance of the certificate--
``(I) <<NOTE: Expiration date.>> the
certificate shall expire on the date that is 30
days after the date of the transfer; and
``(II) the new operator shall be required to
submit an application for a certificate before a
certificate may be issued for the port or
terminal; or
``(ii) the certificate is suspended or revoked by
the Secretary, the certificate shall cease to be valid;
and''; and
(4) by striking subsection (d) and inserting the following:
``(d)(1) <<NOTE: Records.>> The Secretary shall maintain a list of
ports or terminals with respect to which a certificate issued under this
section--
``(A) is in effect; or
``(B) has been revoked or suspended.
``(2) <<NOTE: Public information.>> The Secretary shall make the
list referred to in paragraph (1) available to the general public.''.
(b) Reception Facility Placards.--Section 6(f) of the Act to Prevent
Pollution From Ships (33 U.S.C. 1905(f)) is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2)(A) <<NOTE: Regulations.>> Not later than 18 months after the
date of enactment of the Coast Guard Authorization Act of 1996, the
Secretary shall promulgate regulations that require the operator of each
port or terminal that is subject to any requirement of the MARPOL
Protocol relating to reception facilities to post a placard in a
location that can easily be seen by port and terminal users. The placard
shall state, at a minimum, that a user of a reception facility of the
port or terminal should report to the Secretary any inadequacy of the
reception facility.''.
SEC. 802. MARINE PLASTIC POLLUTION RESEARCH AND CONTROL.
(a) Compliance Reports.--Section 2201(a) of the Marine Plastic
Pollution Research and Control Act of 1987 (33 U.S.C. 1902 note) is
amended--
(1) by striking ``for a period of 6 years''; and
(2) <<NOTE: Federal Register, publication. Records.>> by
inserting before the period at the end the following: ``and, not
later than 1 year after the date of enactment of the Coast Guard
Authorization Act of 1996, and annually thereafter, shall
publish in the Federal Register a list of the enforcement
actions taken against any domestic or foreign ship (including
any commercial or recreational ship) pursuant to the Act to
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.)''.
(b) Coordination.--Section 2203 of the Marine Plastic Pollution
Research and Control Act of 1987 (101 Stat. 1466) <<NOTE: 33 USC 1914
note.>> is amended to read as follows:
[[Page 110 STAT. 3945]]
``SEC. 2203. COORDINATION.
``(a) Establishment of Marine Debris Coordinating Committee.--The
Secretary of Commerce shall establish a Marine Debris Coordinating
Committee.
``(b) Membership.--The Committee shall include a senior official
from--
``(1) the National Oceanic and Atmospheric Administration,
who shall serve as the Chairperson of the Committee;
``(2) the Environmental Protection Agency;
``(3) the United States Coast Guard;
``(4) the United States Navy; and
``(5) such other Federal agencies that have an interest in
ocean issues or water pollution prevention and control as the
Secretary of Commerce determines appropriate.
``(c) Meetings.--The Committee shall meet at least twice a year to
provide a forum to ensure the coordination of national and international
research, monitoring, education, and regulatory actions addressing the
persistent marine debris problem.
``(d) Monitoring.--The Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric Administration, in
cooperation with the Administrator of the Environmental Protection
Agency, shall utilize the marine debris data derived under title V of
the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.
2801 et seq.) to assist--
``(1) the Committee in ensuring coordination of research,
monitoring, education and regulatory actions; and
``(2) the United States Coast Guard in assessing the
effectiveness of this Act and the Act to Prevent Pollution from
Ships in ensuring compliance under section 2201.''.
(c) Public Outreach Program.--Section 2204(a) of the Marine Plastic
Pollution Research and Control Act of 1987 (42 U.S.C. 6981 note) is
amended--
(1) by striking ``for a period of at least 3 years,'' in
paragraph (1) in the matter preceding subparagraph (A);
(2) by striking ``and'' at the end of paragraph (1)(C);
(3) by striking the period at the end of subparagraph (1)(D)
and inserting ``; and'';
(4) by adding at the end of paragraph (1) the following:
``(E) the requirements under this Act and the Act to Prevent
Pollution from Ships (33 U.S.C. 1901 et seq.) with respect to
ships and ports, and the authority of citizens to report
violations of this Act and the Act to Prevent Pollution from
Ships (33 U.S.C. 1901 et seq.).''; and
(5) by striking paragraph (2) and inserting the following:
``(2) Authorized activities.--
``(A) Public outreach program.--A public outreach
program under paragraph (1) may include--
``(i) developing and implementing a voluntary
boaters' pledge program;
``(ii) workshops with interested groups;
``(iii) public service announcements;
``(iv) distribution of leaflets and posters;
and
``(v) any other means appropriate to educating
the public.
``(B) Grants and cooperative agreements.--To carry
out this section, the Secretary of the department in
which the Coast Guard is operating, the Secretary of
Commerce,
[[Page 110 STAT. 3946]]
and the Administrator of the Environmental Protection
Agency are authorized to award grants, enter into
cooperative agreements with appropriate officials of
other Federal agencies and agencies of States and
political subdivisions of States and with public and
private entities, and provide other financial assistance
to eligible recipients.
``(C) Consultation.--In developing outreach
initiatives for groups that are subject to the
requirements of this title and the Act to Prevent
Pollution from Ships (33 U.S.C. 1901 et seq.), the
Secretary of the department in which the Coast Guard is
operating, in consultation with the Secretary of
Commerce, acting through the Administrator of the
National Oceanic and Atmospheric Administration, and the
Administrator of the Environmental Protection Agency,
shall consult with--
``(i) the heads of State agencies responsible
for implementing State boating laws; and
``(ii) the heads of other enforcement agencies
that regulate boaters or commercial fishermen.''.
TITLE IX--TOWING VESSEL SAFETY
SEC. 901. REDUCTION <<NOTE: Regulations.>> OF OIL SPILLS FROM NON-
SELF-PROPELLED TANK VESSELS.
(a) In General.--Chapter 37 of title 46, United States Code, is
amended by adding at the end the following new section:
``Sec. 3719. Reduction of oil spills from single hull non-self-propelled
tank vessels
``The Secretary shall, in consultation with the Towing Safety
Advisory Committee and taking into consideration the characteristics,
methods of operation, and the size and nature of service of single hull
non-self-propelled tank vessels and towing vessels, prescribe
regulations requiring a single hull non-self-propelled tank vessel that
operates in the open ocean or coastal waters, or the vessel towing it,
to have at least one of the following:
``(1) A crew member and an operable anchor on board the tank
vessel that together are capable of arresting the tank vessel
without additional assistance under reasonably foreseeable sea
conditions.
``(2) An emergency system on the tank vessel or towing
vessel that without additional assistance under reasonably
foreseeable sea conditions will allow the tank vessel to be
retrieved by the towing vessel if the tow line ruptures.
``(3) Any other measure or combination of measures that the
Secretary determines will provide protection against grounding
of the tank vessel comparable to that provided by the measures
described in paragraph (1) or (2).''.
(b) Deadline.--The <<NOTE: 46 USC 3719 note.>> Secretary of the
department in which the Coast Guard is operating shall issue regulations
required under section 3719 of title 46, United States Code, as added by
subsection (a), by not later than October 1, 1997.
[[Page 110 STAT. 3947]]
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 37 of title 46, United States Code, is amended by adding at the
end the following new item:
``3719. Reduction of oil spills from non-self-propelled tank vessels.''.
SEC. 902. REQUIREMENT FOR FIRE SUPPRESSION DEVICES.
(a) In General.--Section 4102 of title 46, United States Code, is
amended by adding at the end the following new subsection:
``(f)(1) The Secretary, in consultation with the Towing Safety
Advisory Committee and taking into consideration the characteristics,
methods of operation, and nature of service of towing vessels, may
require the installation, maintenance, and use of a fire suppression
system or other measures to provide adequate assurance that fires on
board towing vessels can be suppressed under reasonably foreseeable
circumstances.
``(2) The Secretary shall require under paragraph (1) the use of a
fire suppression system or other measures to provide adequate assurance
that a fire on board a towing vessel that is towing a non-self-propelled
tank vessel can be suppressed under reasonably foreseeable
circumstances.''.
(b) Regulations.--The <<NOTE: 46 USC 4102 note.>> Secretary of the
department in which the Coast Guard is operating shall issue regulations
establishing the requirement described in subsection (f)(2) of section
4102 of title 46, United States Code, as added by this section, by not
later than October 1, 1997.
SEC. 903. <<NOTE: 46 USC 3703 note.>> STUDIES ADDRESSING VARIOUS SOURCES
OF OIL SPILL RISK.
(a) Study of Group-5 Fuel Oil Spills.--
(1) Definition.--In this subsection, the term ``group-5 fuel
oil'' means a petroleum-based oil that has a specific gravity of
greater than 1.0.
(2) Coordination of study.--The Secretary of Transportation
shall coordinate with the Marine Board of the National Research
Council to conduct a study of the relative environmental and
public health risks posed by discharges of group-5 fuel oil.
(3) Matters to be included.--The study under this subsection
shall include a review and analysis of--
(A) the specific risks posed to the public health or
welfare of the United States, including fish, shellfish
and wildlife, public and private property, shorelines,
beaches, habitat, and other natural resources under the
jurisdiction or control of the United States, as a
result of an actual or threatened discharge of group-5
fuel oil from a vessel or facility;
(B) cleanup technologies currently available to
address actual or threatened discharge of group-5 fuel
oil; and
(C) any technological and financial barriers that
prevent the prompt remediation of discharges of group-5
fuel oil.
(4) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Environment and Public Works and the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the results of the
study under this subsection.
[[Page 110 STAT. 3948]]
(5) Rulemaking.--If the Secretary of Transportation
determines, based on the results of the study under this
subsection, that there are significant risks to public health or
the environment resulting from the actual or threatened
discharge of group-5 fuel oil from a vessel or facility that
cannot be technologically or economically addressed by existing
or anticipated cleanup efforts, the Secretary may initiate a
rulemaking to take such action as is necessary to abate the
threat.
(b) Study of Automatic Fueling Shutoff Equipment.--
(1) Coordination of study.--The Secretary of Transportation
shall coordinate with the Marine Board of the National Research
Council to conduct a study of the unintentional or accidental
discharge of fuel oil during lightering or fuel loading or off-
loading activity.
(2) Matters to be included.--The study under this subsection
shall include a review and analysis of current monitoring and
fueling practices to determine the need for automatic fuel
shutoff equipment to prevent the accidental discharge of fuel
oil, and whether such equipment is needed as a supplement to or
replacement of existing preventive equipment or procedures.
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Environment and Public Works and the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the results of the study
under this subsection.
(4) Rulemaking.--If the Secretary of Transportation
determines, based on the results of the study conducted under
this subsection, that the use of automatic oil shutoff equipment
is necessary to prevent the actual or threatened discharge of
oil during lightering or fuel loading or off loading activity,
the Secretary may initiate a rulemaking to take such action as
is necessary to abate a threat to public health or the
environment.
(c) Lightering Study.--The Secretary of Transportation shall
coordinate with the Marine Board of the National Research Council on a
study into the actual incidence and risk of oil spills from lightering
operations off the coast of the United States. Among other things, the
study shall address the manner in which existing regulations are serving
to reduce oil spill risks. The study shall take into account current or
proposed international rules and standards and also include
recommendations on measures that would be likely to further reduce the
risks of oil spills from lightering operations. <<NOTE: Reports.>> Not
later than 18 months after the date of enactment of this Act, the
Secretary shall submit a report on the study to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
TITLE X--CONVEYANCES
SEC. 1001. CONVEYANCE OF LIGHTHOUSES.
(a) Authority To Convey.--
[[Page 110 STAT. 3949]]
(1) In <<NOTE: State listing.>> general.--The Secretary of
Transportation or the Secretary of the Interior, as appropriate,
shall convey, by an appropriate means of conveyance, all right,
title, and interest of the United States in and to each of the
following properties:
(A) Cape Ann Lighthouse, located on Thacher Island,
Massachusetts, to the town of Rockport, Massachusetts.
(B) Light Station Montauk Point, located at Montauk,
New York, to the Montauk Historical Association in
Montauk, New York.
(C) Squirrel Point Light, located in Arrowsic,
Maine, to Squirrel Point Associates, Incorporated.
(D) Point Arena Light Station, located in Mendocino
County, California, to the Point Arena Lighthouse
Keepers, Incorporated.
(E) Saint Helena Island Light Station, located in
Mackinac County, Moran Township, Michigan, to the Great
Lakes Lighthouse Keepers Association.
(F) Presque Isle Light Station, located in Presque
Isle Township, Michigan, to Presque Isle Township,
Presque Isle County, Michigan.
(G) Cove Point Lighthouse, located in Calvert
County, Maryland, to Calvert County, Maryland.
(2) Identification of property.--The Secretary may identify,
describe, and determine the property to be conveyed under this
subsection.
(3) Exception.--The Secretary may not convey any historical
artifact, including any lens or lantern, located on the property
at or before the time of the conveyance.
(b) Terms of Conveyance.--
(1) In general.--The conveyance of property under this
section shall be made--
(A) without payment of consideration; and
(B) subject to the conditions required by this
section and other terms and conditions the Secretary may
consider appropriate.
(2) Reversionary interest.--In addition to any term or
condition established under this section, the conveyance of
property under this subsection shall be subject to the condition
that all right, title, and interest in the property shall
immediately revert to the United States if--
(A) the property, or any part of the property--
(i) ceases to be used as a nonprofit center
for the interpretation and preservation of
maritime history;
(ii) ceases to be maintained in a manner that
ensures its present or future use as a Coast Guard
aid to navigation; or
(iii) ceases to be maintained in a manner
consistent with the provisions of the National
Historic Preservation Act of 1966 (16 U.S.C. 470
et seq.); or
(B) <<NOTE: Notice.>> at least 30 days before that
reversion, the Secretary of Transportation provides
written notice to the owner that the property is needed
for national security purposes.
(3) Maintenance of navigation functions.--A conveyance of
property under this section shall be made subject to the
conditions that the Secretary of Transportation considers to be
necessary to assure that--
[[Page 110 STAT. 3950]]
(A) the lights, antennas, sound signal, electronic
navigation equipment, and associated lighthouse
equipment located on the property conveyed, which are
active aids to navigation, shall continue to be operated
and maintained by the United States for as long as they
are needed for this purpose;
(B) the owner of the property may not interfere or
allow interference in any manner with aids to navigation
without express written permission from the Secretary of
Transportation;
(C) there is reserved to the United States the right
to relocate, replace, or add any aid to navigation or
make any changes to the property as may be necessary for
navigational purposes;
(D) the United States shall have the right, at any
time, to enter the property without notice for the
purpose of maintaining aids to navigation; and
(E) the United States shall have an easement of
access to and across the property for the purpose of
maintaining the aids to navigation in use on the
property.
(4) Obligation limitation.--The owner of property conveyed
under this section is not required to maintain any active aid to
navigation equipment on the property.
(5) Property to be maintained in accordance with certain
laws.--The owner of property conveyed under this section shall
maintain the property in accordance with the National Historic
Preservation Act of 1966 (16 U.S.C. 470 et seq.) and other
applicable laws.
(c) Maintenance Standard.--The owner of any property conveyed under
this section, at its own cost and expense, shall maintain the property
in a proper, substantial, and workmanlike manner.
(d) Definitions.--For purposes of this section:
(1) The term ``Montauk Light Station'' includes the keeper's
dwellings, adjacent Coast Guard rights-of-way, the World War II
submarine spotting tower, the lighthouse tower, and the paint
locker.
(2) The term ``owner'' means the person identified in
subsection (a)(1) (A) through (G), and includes any successor of
assign of that person.
(3) The term ``Point Arena Light Station'' includes the
light tower building, fog signal building, 2 small shelters, 4
residential quarters, and a restroom facility.
(4) The term ``Squirrel Point Light'' includes the light
tower, dwelling, boat house, oil house, barn, any other
ancillary buildings, and any other land as may be necessary for
the owner to operate a nonprofit center for public benefit.
(5) The term ``Presque Isle Light Station'' includes the
light tower, attached dwelling, detached dwelling, 3-car garage,
and any other improvements on that parcel of land.
SEC. 1002. CONVEYANCE OF CERTAIN LIGHTHOUSES LOCATED IN MAINE.
(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation (in this
section referred to as the ``Secretary'') shall convey to an
entity recommended by the Island Institute, Rockland, Maine (in
this section referred to as the ``Institute''), and approved by
the
[[Page 110 STAT. 3951]]
Selection Committee established in subsection (d)(3)(A), by an
appropriate means of conveyance, all right, title, and interest
of the United States in and to any of the facilities and real
property and improvements described in paragraph (2).
(2) Identification <<NOTE: Applicability.>> of properties.--
Paragraph (1) applies to lighthouses, together with any real
property and other improvements associated therewith, located in
the State of Maine as follows:
(A) Burnt Island Light.
(B) Rockland Harbor Breakwater Light.
(C) Monhegan Island Light.
(D) Eagle Island Light.
(E) Curtis Island Light.
(F) Moose Peak Light.
(G) Great Duck Island Light.
(H) Goose Rocks Light.
(I) Isle au Haut Light.
(J) Goat Island Light.
(K) Wood Island Light.
(L) Doubling Point Light.
(M) Doubling Point Front Range Light.
(N) Doubling Point Rear Range Light.
(O) Little River Light.
(P) Spring Point Ledge Light.
(Q) Ram Island Light (Boothbay).
(R) Seguin Island Light.
(S) Marshall Point Light.
(T) Fort Point Light.
(U) West Quoddy Head Light.
(V) Brown's Head Light.
(W) Cape Neddick Light.
(X) Halfway Rock Light.
(Y) Ram Island Ledge Light.
(Z) Mount Desert Rock Light.
(AA) Whitlock's Mill Light.
(BB) Nash Island Light.
(CC) Manana Island Fog Signal Station.
(DD) Franklin Island Light.
(3) Deadline for conveyance.--(A) The conveyances authorized
by this subsection shall take place not later than 2 years after
the date of the enactment of this Act.
(B) During the period described in subparagraph (A), the
Secretary may not transfer or convey any right, title, or
interest in the properties listed in paragraph (2) in any manner
that is inconsistent with this section, nor shall the Secretary
transfer these properties to the General Services Administration
for disposal, unless the Selection Committee notifies the
Secretary that an eligible entity referred to in subsection
(d)(2) will not be identified during that period.
(C) During the period described in subparagraph (A), no
other provision of law concerning the disposal of Federal
property that is inconsistent in any manner with the provisions
of this section shall apply to the properties listed in
paragraph (2).
(4) Additional conveyances.--The Secretary may transfer, in
accordance with the terms and conditions of subsection
[[Page 110 STAT. 3952]]
(b), the following lighthouses, together with any real property
and improvements associated therewith--
(A) directly to the United States Fish and Wildlife
Service:
(i) Two Bush Island Light.
(ii) Egg Rock Light.
(iii) Libby Island Light.
(iv) Matinicus Rock Light.
(B) to the Institute, with the concurrence of the
Maine Lighthouse Selection Committee:
(i) Whitehead Island Light.
(ii) Deer Island Thorofare (Mark Island)
Light.
(b) Terms of Conveyance.--
(1) In general.--The conveyance of property pursuant to this
section shall be made--
(A) without payment of consideration; and
(B) subject to the conditions required by this
section and other terms and conditions the Secretary may
consider appropriate.
(2) Maintenance of navigation function.--The conveyance of
property pursuant to this section shall be made subject to the
conditions that the Secretary considers necessary to assure
that--
(A) the lights, antennas, sound signal, electronic
navigation equipment, and associated lighthouse
equipment located on the property conveyed, which are
active aids to navigation, shall continue to be operated
and maintained by the United States;
(B) the Institute, the United States Fish and
Wildlife Service, and an entity to which property is
conveyed under this section may not interfere or allow
interference in any manner with aids to navigation
without express written permission from the Secretary;
(C) there is reserved to the United States the right
to relocate, replace, or add any aid to navigation or
make any changes to property conveyed under this section
as may be necessary for navigational purposes;
(D) the United States shall have the right, at any
time, to enter property conveyed under this section
without notice for the purpose of maintaining aids to
navigation; and
(E) the United States shall have an easement of
access to and across property conveyed under this
section for the purpose of maintaining the aids to
navigation in use on the property.
(3) Obligation limitation.--The Institute, or any entity to
which a lighthouse is conveyed under subsection (d), is not
required to maintain any active aid to navigation equipment on a
property conveyed under this section.
(4) Reversionary interest.--In addition to any term or
condition established pursuant to this section, the conveyance
of property pursuant to this section shall be subject to the
condition that all right, title, and interest in such property
shall immediately revert to the United States if--
(A) such property or any part of such property
ceases to be used for educational, historic,
recreational, cultural, and wildlife conservation
programs for the general public
[[Page 110 STAT. 3953]]
and for such other uses as the Secretary determines to
be not inconsistent or incompatible with such uses;
(B) such property or any part of such property
ceases to be maintained in a manner that ensures its
present or future use as a Coast Guard aid to
navigation; or
(C) such property or any part of such property
ceases to be maintained in a manner consistent with the
provisions of the National Historic Preservation Act of
1966 (16 U.S.C. 470 et seq.).
(c) Inspection.--The State Historic Preservation Officer of the
State of Maine may at any time inspect any lighthouse, and any real
property and improvements associated therewith, that is conveyed under
this section to an entity that is not a Federal agency, without notice,
for purposes of ensuring that the lighthouse is being maintained in the
manner required under subsection (b). The Institute, and conveyees under
subsection (d) that are not Federal agencies, shall cooperate with the
official referred to in the preceding sentence in the inspections of
that official under this subsection.
(d) Conveyance of Lighthouses.--
(1) Requirement.--The Secretary shall convey, without
consideration, all right, title, and interest of the United
States in and to the lighthouses identified in subsection
(a)(2), together with any real property and improvements
associated therewith, to one or more entities identified under
paragraph (2) and approved by the committee established under
paragraph (3) in accordance with the provisions of such
paragraph (3).
(2) Identification of eligible entities.--
(A) In general.--Subject to subparagraph (B), the
Institute shall identify entities eligible for the
conveyance of a lighthouse under this subsection. Such
entities shall include any department or agency of the
Federal Government, any department or agency of the
government of the State of Maine, any local government
in that State, or any nonprofit corporation, educational
agency, or community development organization that--
(i) is financially able to maintain the
lighthouse (and any real property and improvements
conveyed therewith) in accordance with the
conditions set forth in subsection (b);
(ii) has agreed to permit the inspections
referred to in subsection (c); and
(iii) has agreed to comply with the conditions
set forth in subsection (b); and to have such
conditions recorded with the deed of title to the
lighthouse and any real property and improvements
that may be conveyed therewith.
(B) Order of priority.--In identifying entities
eligible for the conveyance of a lighthouse under this
paragraph, the Institute shall give priority to entities
in the following order, which are also the exclusive
entities eligible for the conveyance of a lighthouse
under this section:
(i) Agencies of the Federal Government.
(ii) Entities of the government of the State
of Maine.
(iii) Entities of local governments in the
State of Maine.
[[Page 110 STAT. 3954]]
(iv) Nonprofit corporations, educational
agencies, and community development organizations.
(3) Selection of conveyees among eligible entities.--
(A) Committee.--
(i) In <<NOTE: Establishment.>> general.--
There is hereby established a committee to be
known as the Maine Lighthouse Selection Committee
(in this paragraph referred to as the
``Committee'').
(ii) Membership.--The Committee shall consist
of five members appointed by the Secretary, in
consultation with the Advisory Council on Historic
Preservation, as follows:
(I) One member, who shall serve as
the Chairman of the Committee, shall be
appointed from among individuals
recommended by the Governor of the State
of Maine.
(II) One member shall be the State
Historic Preservation Officer of the
State of Maine, with the consent of that
official, or a designee of that
official.
(III) One member shall be appointed
from among individuals recommended by
State and local organizations in the
State of Maine that are concerned with
lighthouse preservation or maritime
heritage matters.
(IV) One member shall be appointed
from among individuals recommended by
officials of local governments of the
municipalities in which the lighthouses
are located.
(V) One member shall be appointed
from among individuals recommended by
the Secretary of the Interior.
(iii) Appointment deadline.--The Secretary
shall appoint the members of the Committee not
later than 90 days after the date of the enactment
of this Act.
(iv) Membership term.--
(I) Members of the Committee shall
serve for such terms not longer than 2
years as the Secretary shall provide.
The Secretary may stagger the terms of
initial members of the Committee in
order to ensure continuous activity by
the Committee.
(II) Any member of the Committee may
serve after the expiration of the term
of the member until a successor to the
member is appointed. A vacancy in the
Committee shall be filled in the same
manner in which the original appointment
was made.
(v) Voting.--The Committee shall act by an
affirmative vote of a majority of the members of
the Committee.
(B) Responsibilities.--
(i) In general.--The Committee shall--
(I) review the entities identified
by the Institute under paragraph (2) as
entities eligible for the conveyance of
a lighthouse; and
[[Page 110 STAT. 3955]]
(II) approve one such entity, or
disapprove all such entities, as
entities to which the Secretary may make
the conveyance of the lighthouse under
this subsection.
(ii) Approval.--If the Committee approves an
entity for the conveyance of a lighthouse, the
Committee shall notify the Institute of such
approval. The Institute shall forward such
recommendations to the Secretary.
(iii) Disapproval.--
If <<NOTE: Notification.>> the Committee
disapproves of the entities, the Committee shall
notify the Institute and the Institute shall
identify other entities eligible for the
conveyance of the lighthouse under paragraph (2).
The Committee shall review and approve or
disapprove entities identified pursuant to the
preceding sentence in accordance with this
subparagraph and the criteria set forth in
subsection (b).
(C) Exemption <<NOTE: Public information.>> from
faca.--The Federal Advisory Committee Act (5 App.
U.S.C.) shall not apply to the Committee, however, all
meetings of the Committee shall be open to the public
and preceded by appropriate public notice.
(D) Termination.--The Committee shall terminate 2
years from the date of the enactment of this Act.
(E) Funding.--Nothing in this section shall imply a
commitment or obligation of any department or agency of
the Federal Government to fund the expenses of the
Committee.
(4) Conveyance.--Upon notification under paragraph
(3)(B)(ii) of the approval of an identified entity for
conveyance of a lighthouse under this subsection, the Secretary
shall, with the consent of the entity, convey the lighthouse to
the entity.
(5) Responsibilities of conveyees.--Each entity to which the
Secretary conveys a lighthouse under this subsection, or any
successor or assign of such entity in perpetuity, shall--
(A) use and maintain the lighthouse in accordance
with subsection (b) and have such terms and conditions
recorded with the deed of title to the lighthouse and
any real property conveyed therewith; and
(B) permit the inspections referred to in subsection
(c).
(e) Description of Property.--The legal description of any
lighthouse, and any real property and improvements associated therewith,
conveyed under subsection (a) shall be determined by the Secretary. The
Secretary shall retain all right, title, and interest of the United
States in and to any historical artifact, including any lens or lantern,
that is associated with the lighthouses conveyed under this subsection,
whether located at the lighthouse or elsewhere. The Secretary shall
identify any equipment, system, or object covered by this paragraph.
SEC. 1003. TRANSFER OF COAST GUARD PROPERTY IN GOSNOLD, MASSACHUSETTS.
(a) Conveyance Requirement.--The Secretary of Transportation may
convey to the town of Gosnold, Massachusetts, without reimbursement and
by no later than 120 days after the date of enactment of this Act, all
right, title, and interest of the United
[[Page 110 STAT. 3956]]
States in and to the property known as the ``United States Coast Guard
Cuttyhunk Boathouse and Wharf'', as described in subsection (c).
(b) Conditions.--Any conveyance of property under subsection (a)
shall be subject to the condition that the Coast Guard shall retain in
perpetuity and at no cost--
(1) the right of access to, over, and through the boathouse,
wharf, and land comprising the property at all times for the
purpose of berthing vessels, including vessels belonging to
members of the Coast Guard Auxiliary; and
(2) the right of ingress to and egress from the property for
purposes of access to Coast Guard facilities and performance of
Coast Guard functions.
(c) Property Described.--The property referred to in subsection (a)
is real property located in the town of Gosnold, Massachusetts
(including all buildings, structures, equipment, and other
improvements), as determined by the Secretary of Transportation.
SEC. 1004. CONVEYANCE OF PROPERTY IN KETCHIKAN, ALASKA.
(a) Authority To Convey.--The Secretary of Transportation or the
Administrator of General Services, as appropriate, shall convey to the
Ketchikan Indian Corporation in Ketchikan, Alaska, without reimbursement
and by no later than 120 days after the date of enactment of this Act,
all right, title, and interest of the United States in and to the
property known as the ``Former Marine Safety Detachment'' as identified
in Report of Excess Number CG-689 (GSA Control Number 9-U-AK-0747) and
described in subsection (b), for use as a health or social services
facility.
(b) Identification of Property.--The Secretary or the Administrator,
as appropriate, shall identify, describe, and determine the property to
be conveyed pursuant to this section.
(c) Reversionary Interest.--(1) The conveyance of property described
in subsection (b) shall be subject to the conditions that--
(A) the existing buildings on such property shall be
demolished and removed by not later than July 3, 1997; and
(B) such property, and all right, title and interest in such
property, shall transfer to the City of Ketchikan if, within 24
months of the date of enactment of this Act, the Ketchikan
Indian Corporation has not completed design and construction
plans for a health and social services facility (including local
permitting requirements, but not financing plans) and received
approval from the City of Ketchikan for such plans or the
written consent of the City to exceed this period.
(2) If the property described in subsection (b) is transferred to
the City of Ketchikan under subsection (c), the transfer shall be
subject to the condition that all right, title, and interest in and to
the property shall immediately revert to the United States if the
property ceases to be used by the City of Ketchikan in a health-related
or hospital-related capacity.
SEC. 1005. CONVEYANCE OF PROPERTY IN TRAVERSE CITY, MICHIGAN.
(a) Authority To Convey.--The Secretary of Transportation (or any
other official having control over the property described in subsection
(b)) shall expeditiously convey to the Traverse City Area Public School
District in Traverse City, Michigan, without consideration, all right,
title, and interest of the United States
[[Page 110 STAT. 3957]]
in and to the property identified, described, and determined by the
Secretary under subsection (b), subject to all easements and other
interests in the property held by any other person.
(b) Identification of Property.--The Secretary shall identify,
describe, and determine the property to be conveyed pursuant to this
section.
(c) Reversionary Interest.--In addition to any term or condition
established pursuant to subsection (a) or (d), any conveyance of
property described in subsection (b) shall be subject to the condition
that all right, title, and interest in and to the property so conveyed
shall immediately revert to the United States if the property, or any
part thereof, ceases to be used by the Traverse City Area Public School
District.
(d) Terms of Conveyance.--The conveyance of property under this
section shall be subject to such conditions as the Secretary considers
to be necessary to assure that--
(1) the pump room located on the property shall continue to
be operated and maintained by the United States for as long as
it is needed for this purpose;
(2) the United States shall have an easement of access to
the property for the purpose of operating and maintaining the
pump room; and
(3) the United States shall have the right, at any time, to
enter the property without notice for the purpose of operating
and maintaining the pump room.
SEC. 1006. TRANSFER OF COAST GUARD PROPERTY IN NEW SHOREHAM, RHODE
ISLAND.
(a) Requirement.--The Secretary of Transportation (or any other
official having control over the property described in subsection (b))
may convey to the town of New Shoreham, Rhode Island, without
consideration, all right, title, and interest of the United States in
and to the property known as the United States Coast Guard Station Block
Island, as described in subsection (b), subject to all easements and
other interest in the property held by any other person.
(b) Property Described.--The property referred to in subsection (a)
is real property (including buildings and improvements) located on the
west side of Block Island, Rhode Island, at the entrance to the Great
Salt Pond and referred to in the books of the Tax Assessor of the town
of New Shoreham, Rhode Island, as lots 10 and 12, comprising
approximately 10.7 acres.
(c) Reversionary Interest.--In addition to any term or condition
established pursuant to subsection (a), any conveyance of property under
subsection (a) shall be subject to the condition that all right, title,
and interest in and to the property so conveyed shall immediately revert
to the United States if the property, or any part thereof, ceases to be
used by the town of New Shoreham, Rhode Island.
SEC. 1007. CONVEYANCE OF PROPERTY IN SANTA CRUZ, CALIFORNIA.
(a) Authority To Convey.--
(1) In general.--The Secretary of Transportation (referred
to in this section as the ``Secretary'') may convey to the Santa
Cruz Port District by an appropriate means of conveyance, all
right, title, and interest of the United States in and to the
property described in paragraph (2).
[[Page 110 STAT. 3958]]
(2) Identification of property.--The Secretary may identify,
describe, and determine the property to be conveyed pursuant to
this section.
(b) Consideration.--Any conveyance of property pursuant to this
section shall be made without payment of consideration.
(c) Condition.--The conveyance provided for in subsection (a) may be
made contingent upon agreement by the Port District that--
(1) the utility systems, building spaces, and facilities or
any alternate, suitable facilities and buildings on the harbor
premises would be available for joint use by the Port District
and the Coast Guard when deemed necessary by the Coast Guard;
and
(2) the Port District would be responsible for paying the
cost of maintaining, operating, and replacing (as necessary) the
utility systems and any buildings and facilities located on the
property as described in subsection (a) or on any alternate,
suitable property on the harbor premises set aside for use by
the Coast Guard.
(d) Reversionary Interest.--Any conveyance of property pursuant to
this section shall be subject to the condition that all right, title,
and interest in Subunit Santa Cruz shall immediately revert to the
United States--
(1) if Subunit Santa Cruz ceases to be maintained as a
nonprofit center for education, training, administration, and
other public service to include use by the Coast Guard; or
(2) at the end of the thirty day period beginning on any
date on which the Secretary provides written notice to the Santa
Cruz Port District that Subunit Santa Cruz is needed for
national security purposes.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
(f) Definitions.--For purposes of this section--
(1) ``Subunit Santa Cruz'' means the Coast Guard property
and improvements located at Santa Cruz, California;
(2) ``Secretary'' means the Secretary of the department in
which the Coast Guard is operating; and
(3) ``Port District'' means the Santa Cruz Port District, or
any successor or assign.
SEC. 1008. CONVEYANCE OF VESSEL S/S RED OAK VICTORY.
(a) In General.--Notwithstanding any other law, the Secretary of
Transportation (referred to in this section as the ``Secretary'') may
convey the right, title, and interest of the United States Government in
and to the vessel S/S RED OAK VICTORY (Victory Ship VCS-AP2; United
States Navy Hull No. AK235) to the City of Richmond Museum Association,
Inc., located in Richmond, California (in this section referred to as
``the recipient''), if--
(1) the recipient agrees to use the vessel for the purposes
of a monument to the wartime accomplishments of the City of
Richmond;
(2) the vessel is not used for commercial transportation
purposes;
(3) the recipient agrees to make the vessel available to the
Government if the Secretary requires use of the vessel by the
Government for war or a national emergency;
[[Page 110 STAT. 3959]]
(4) the recipient agrees to hold the Government harmless for
any claims arising from exposure to hazardous materials,
including asbestos and PCB's, after conveyance of the vessel,
except for claims arising from use by the Government under
paragraph (3);
(5) the recipient has available, for use to restore the
vessel, in the form of cash, liquid assets, or a written loan
commitment, financial resources of at least $100,000; and
(6) the recipient agrees to any other conditions the
Secretary considers appropriate.
(b) Delivery of Vessel.--If a conveyance is made under this section,
the Secretary shall deliver the vessel at the place where the vessel is
located on the date of enactment of this Act, in its present condition,
without cost to the Government.
(c) Other Unneeded Equipment.--The Secretary may convey to the
recipient any unneeded equipment from other vessels in the National
Defense Reserve Fleet for use to restore the S/S RED OAK VICTORY to
museum quality.
(d) Retention of Vessel in NDRF.--The Secretary shall retain in the
National Defense Reserve Fleet the vessel authorized to be conveyed
under subsection (a), until the earlier of--
(1) 2 years after the date of the enactment of this Act; or
(2) the date of conveyance of the vessel under subsection
(a).
SEC. 1009. CONVEYANCE OF EQUIPMENT.
The Secretary of Transportation may convey any unneeded equipment
from other vessels in the National Defense Reserve Fleet to the JOHN W.
BROWN and other qualified United States memorial ships in order to
maintain their operating condition.
SEC. 1010. PROPERTY EXCHANGE.
(a) Property Acquisition.--The Secretary may, by means of an
exchange of property, acceptance as a gift, or other means that does not
require the use of appropriated funds, acquire all right, title, and
interest in and to a parcel or parcels of real property and any
improvements thereto located within the limits of the City and Borough
of Juneau, Alaska.
(b) Acquisition Through Exchange.--For the purposes of acquiring
property under subsection (a) by means of an exchange, the Secretary may
convey all right, title, and interest of the United States in and to a
parcel or parcels of real property and any improvements thereto located
within the limits of the City and Borough of Juneau, Alaska and in the
control of the Coast Guard if the Secretary determines that the exchange
is in the best interest of the Coast Guard.
(c) Terms and Conditions.--The Secretary may require such terms and
conditions under this section as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 1011. AUTHORITY TO CONVEY WHITEFISH POINT LIGHT STATION LAND.
(a) Authority To Convey.--
(1) In general.--Except as otherwise provided in this
section, the Secretary of the Interior (in this section referred
to as the ``Secretary'') may convey, by an appropriate means of
conveyance, all right, title, and interest of the United States
[[Page 110 STAT. 3960]]
in 1 of the 3 parcels comprising the land on which the United
States Coast Guard Whitefish Point Light Station is situated (in
this section referred to as the ``Property''), to each of the
Great Lakes Shipwreck Historical Society, located in Sault Ste.
Marie, Michigan, the United States Fish and Wildlife Service,
and the Michigan Audubon Society (each of which is referred to
in this section as a ``recipient''), subject to all easements,
conditions, reservations, exceptions, and restrictions contained
in prior conveyances of record.
(2) Limitation.--Notwithstanding paragraph (1), the
Secretary shall retain for the United States all right, title,
and interest in--
(A) any historical artifact, including any lens or
lantern, and
(B) the light, antennas, sound signal, towers,
associated lighthouse equipment, and any electronic
navigation equipment, which are active aids to
navigation,
which is located on the Property, or which relates to the
Property.
(3) Identification of the property.--The Secretary may
identify, describe, and determine the parcels to be conveyed
pursuant to this section.
(4) Rights of access.--If necessary to ensure access to a
public roadway for a parcel conveyed under this section, the
Secretary shall convey with the parcel an appropriate
appurtenant easement over another parcel conveyed under this
section.
(5) Easement for public along shoreline.--In each conveyance
under this section of property located on the shoreline of Lake
Superior, the Secretary shall retain for the public, for public
walkway purposes, a right-of-way along the shoreline that
extends 30 feet inland from the mean high water line.
(b) Terms and Conditions.--
(1) In general.--Any conveyance pursuant to subsection (a)
shall be made--
(A) without payment of consideration; and
(B) subject to such terms and conditions as the
Secretary considers appropriate.
(2) Maintenance of navigation functions.--The Secretary
shall ensure that any conveyance pursuant to this section is
subject to such conditions as the Secretary considers to be
necessary to assure that--
(A) the light, antennas, sound signal, towers, and
associated lighthouse equipment, and any electronic
navigation equipment, which are located on the Property
and which are active aids to navigation shall continue
to be operated and maintained by the United States for
as long as they are needed for this purpose;
(B) the recipients may not interfere or allow
interference in any manner with such aids to navigation
without express written permission from the United
States;
(C) there is reserved to the United States the right
to relocate, replace, or add any aids to navigation, or
make any changes on any portion of the Property as may
be necessary for navigation purposes;
[[Page 110 STAT. 3961]]
(D) the United States shall have the right, at any
time, to enter the Property without notice for the
purpose of maintaining aids to navigation;
(E) the United States shall have--
(i) an easement of access to and across the
Property for the purpose of maintaining the aids
to navigation and associated equipment in use on
the Property; and
(ii) an easement for an arc of visibility; and
(F) the United States shall not be responsible for
the cost and expense of maintenance, repair, and upkeep
of the Property.
(3) Maintenance obligation.--The recipients shall not have
any obligation to maintain any active aid to navigation
equipment on any parcel conveyed pursuant to this section.
(c) Property To Be Maintained in Accordance With Certain Laws.--Each
recipient shall maintain the parcel conveyed to the recipient pursuant
to subsection (a) in accordance with the provisions of the National
Historic Preservation Act (16 U.S.C. 470 et seq.), and other applicable
laws.
(d) Maintenance Standard.--Each recipient shall maintain the parcel
conveyed to the recipient pursuant to subsection (a), at its own cost
and expense, in a proper, substantial, and workmanlike manner, including
the easements of access, the easement for an arc of visibility, the
nuisance easement, and the underground easement.
(e) Shared Use and Occupancy Agreement.--The Secretary shall
require, as a condition of each conveyance of property under this
section, that all of the recipients have entered into the same agreement
governing the shared use and occupancy of the existing Whitefish Point
Light Station facilities. The agreement shall be drafted by the
recipients and shall include--
(1) terms governing building occupancy and access of
recipient staff and public visitors to public restrooms, the
auditorium, and the parking lot; and
(2) terms requiring that each recipient shall be responsible
for paying a pro rata share of the costs of operating and
maintaining the existing Whitefish Point Light Station
facilities, that is based on the level of use and occupancy of
the facilities by the recipient.
(f) Limitations on Development and Impairing Uses.--It shall be a
term of each conveyance under this section that--
(1) no development of new facilities or expansion of
existing facilities or infrastructure on property conveyed under
this section may occur, except for purposes of implementing the
Whitefish Point Comprehensive Plan of October 1992 or for a gift
shop, unless--
(A) each of the recipients consents to the
development or expansion in writing;
(B) there has been a reasonable opportunity for
public comment on the development or expansion, and full
consideration has been given to such public comment as
is provided; and
(C) the development or expansion is consistent with
preservation of the Property in its predominantly
natural, scenic, historic, and forested condition; and
[[Page 110 STAT. 3962]]
(2) any use of the Property or any structure located on the
Property which may impair or interfere with the conservation
values of the Property is expressly prohibited.
(g) Reversionary Interest.--
(1) In general.--All right, title, and interests in and to
property and interests conveyed under this section shall revert
to the United States and thereafter be administered by the
Secretary of the Interior acting through the Director of the
United States Fish and Wildlife Service, if--
(A) in the case of such property and interests
conveyed to the Great Lakes Shipwreck Historical
Society, the property or interests cease to be used for
the purpose of historical interpretation;
(B) in the case of such property and interests
conveyed to the Michigan Audubon Society, the property
or interests cease to be used for the purpose of
environmental protection, research, and interpretation;
or
(C) in the case of any property and interests
conveyed to a recipient referred to in subparagraph (A)
or (B)--
(i) there is any violation of any term or
condition of the conveyance to that recipient; or
(ii) the recipient has ceased to exist.
(2) Authority to enforce reversionary interest.--The
Secretary of the Interior, acting through the Director of the
United States Fish and Wildlife Service, shall have the
authority--
(A) to determine for the United States Government
whether any act or omission of a recipient results in a
reversion of property and interests under paragraph (1);
and
(B) to initiate a civil action to enforce that
reversion, after notifying the recipient of the intent
of the Secretary of the Interior to initiate that
action.
(3) Maintenance of navigation functions.--In the event of a
reversion of property under this subsection, the Secretary of
the Interior shall administer the property subject to any
conditions the Secretary of Transportation considers to be
necessary to maintain the navigation functions.
SEC. 1012. CONVEYANCE OF PARRAMORE BEACH COAST GUARD STATION, VIRGINIA.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall convey to the Nature Conservancy (a nonprofit
corporation established under the laws of the District of Columbia and
holder of ownership interest in Parramore Island, Virginia), by not
later than 30 days after the date of the enactment of this Act and
without consideration, all right, title, and interest of the United
States in and to all real property comprising the Parramore Beach Coast
Guard Station, located on Parramore's Island near the town of
Wachapreague in Accomack County, Virginia.
(b) Completion of Environmental Reviews, Assessments, and Cleanup.--
(1) Authority to convey before completion.--Notwithstanding
any other provision of law that would require completion of an
environmental review, assessment, or cleanup with respect to the
Parramore Beach Coast Guard Station before
[[Page 110 STAT. 3963]]
the conveyance under subsection (a), the Secretary may make that
conveyance before the completion of that review, assessment, or
cleanup, as applicable.
(2) Time for completion.--Any environmental review,
assessment, or cleanup with respect to the Parramore Beach Coast
Guard Station shall be completed by as soon as practicable after
the date of the enactment of this Act.
SEC. 1013. CONVEYANCE OF JEREMIAH O'BRIEN.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Transportation (in this section referred to as the
``Secretary'') may convey, subject to the conditions set forth in
subsection (b), the right, title, and interest of the United States
Government in the vessel JEREMIAH O'BRIEN (United States official number
243622; in this section referred to as the ``Vessel''), to a nonprofit
corporation (in this section referred to as the ``Recipient'') for use
as a merchant marine memorial museum, if on the date of enactment of
this Act the Recipient has at least 10 consecutive years experience in
restoring and operating a Liberty Ship as a merchant marine memorial
museum.
(b) Conditions.--The conveyance of the Vessel under subsection (a)
shall be subject to the following conditions:
(1) The Recipient agrees--
(A) to use the Vessel as a nonprofit merchant marine
memorial museum;
(B) not to use the Vessel for commercial
transportation purposes;
(C) to make the Vessel available to the Government
without cost if and when the Secretary requires use of
the Vessel by the Government;
(D) in the event the Recipient no longer requires
the Vessel for use as a merchant marine memorial museum,
to--
(i) reconvey, at the discretion of the
Secretary, the Vessel to the Government in as good
condition as when it was received from the
Government, except for ordinary wear and tear; and
(ii) deliver the Vessel to the Government at
the place where the Vessel was delivered to the
Recipient;
(E) to hold the Government harmless for any claims
founded on occurrences after conveyance of the Vessel,
except for claims against the Government arising from
use by the Government under subparagraphs (C) and (D) of
this paragraph, which claims shall include any claims
resulting from exposure to asbestos and other
substances; and
(F) to any other conditions the Secretary considers
appropriate.
(2) If a conveyance is made under this section, the
Secretary shall deliver the Vessel to the Recipient at the place
where the Vessel is located on the date of enactment of this
Act, in its present condition, without cost to the Government.
(c) Conveyance of Equipment and Material.--The Secretary may convey
to the Recipient any unneeded equipment and material from other vessels
at any time in the National Defense Reserve Fleet in order to assist in
placing and maintaining the Vessel in operating condition.
[[Page 110 STAT. 3964]]
(d) Expiration of Authority.--The authority of the Secretary to
convey the Vessel under this section shall expire 2 years after the date
of enactment of this Act.
TITLE XI--MISCELLANEOUS
SEC. 1101. FLORIDA <<NOTE: Louisiana.>> AVENUE BRIDGE.
For purposes of the alteration of the Florida Avenue Bridge (located
approximately 1.63 miles east of the Mississippi River on the Gulf
Intracoastal Waterway in Orleans Parish, Louisiana) ordered by the
Secretary of Transportation under the Act of June 21, 1940 (33 U.S.C.
511 et seq.), the Secretary shall treat the drainage siphon that is
adjacent to the bridge as an appurtenance of the bridge, including with
respect to apportionment and payment of costs for the removal of the
drainage siphon in accordance with that Act.
SEC. 1102. OIL SPILL RECOVERY INSTITUTE.
(a) Advisory Board and Executive Committee.--Section 5001 of the Oil
Pollution Act of 1990 (33 U.S.C. 2731) is amended--
(1) by striking ``to be administered by the Secretary of
Commerce'' in subsection (a);
(2) by striking ``and located'' in subsection (a) and
inserting ``located'';
(3) by striking ``the EXXON VALDEZ oil spill'' each place it
appears in subsection (b)(2) and inserting ``Arctic or Subarctic
oil spills'';
(4) by striking ``18'' in subsection (c)(1) and inserting
``16'';
(5) by striking ``, Natural Resources, and Commerce and
Economic Development'' in subsection (c)(1)(A) and inserting a
comma and ``and Natural Resources'';
(6) by striking subsection (c)(1) (B), (C), and (D);
(7) by redesignating subparagraphs (E) and (F) of subsection
(c)(1) as subparagraphs (G) and (H), respectively;
(8) by inserting after subparagraph (A) of subsection (c)(1)
the following:
``(B) One representative appointed by each of the
Secretaries of Commerce, the Interior, and
Transportation, who shall be Federal employees.
``(C) Two representatives from the fishing industry
appointed by the Governor of the State of Alaska from
among residents of communities in Alaska that were
affected by the EXXON VALDEZ oil spill, who shall serve
terms of 2 years each. Interested organizations from
within the fishing industry may submit the names of
qualified individuals for consideration by the Governor.
``(D) Two Alaska Natives who represent Native
entities affected by the EXXON VALDEZ oil spill, at
least one of whom represents an entity located in Prince
William Sound, appointed by the Governor of Alaska from
a list of 4 qualified individuals submitted by the
Alaska Federation of Natives, who shall serve terms of 2
years each.
``(E) Two representatives from the oil and gas
industry to be appointed by the Governor of the State of
Alaska who shall serve terms of 2 years each. Interested
organizations from within the oil and gas industry may
submit
[[Page 110 STAT. 3965]]
the names of qualified individuals for consideration by
the Governor.
``(F) Two at-large representatives from among
residents of communities in Alaska that were affected by
the EXXON VALDEZ oil spill who are knowledgeable about
the marine environment and wildlife within Prince
William Sound, and who shall serve terms of 2 years
each, appointed by the remaining members of the Advisory
Board. Interested parties may submit the names of
qualified individuals for consideration by the Advisory
Board.'';
(9) adding at the end of subsection (c) the following:
``(4) Scientific review.--The Advisory Board may request a
scientific review of the research program every five years by
the National Academy of Sciences which shall perform the review,
if requested, as part of its responsibilities under section
7001(b)(2).'';
(10) by striking ``the EXXON VALDEZ oil spill'' in
subsection (d)(2) and inserting ``Arctic or Subarctic oil
spills'';
(11) by striking ``Secretary of Commerce'' in subsection (e)
and inserting ``Advisory Board'';
(12) by striking ``, the Advisory Board,'' in the second
sentence of subsection (e);
(13) by striking ``Secretary's'' in subsection (e) and
inserting ``Advisory Board's'';
(14) by inserting ``authorization in section 5006(b)
providing funding for the'' in subsection (i) after ``The'';
(15) by striking ``this Act'' in subsection (i) and
inserting ``the Coast Guard Authorization Act of 1996'';
(16) by striking the first sentence of subsection (j); and
(17) by inserting ``The Advisory Board may compensate its
Federal representatives for their reasonable travel costs.'' in
subsection (j) after ``Institute.''.
(b) Funding.--Section 5006 of the Oil Pollution Act of 1990 (33
U.S.C. 2736) is amended by--
(1) striking subsection (a) and redesignating subsection (b)
as subsection (a);
(2) striking ``5003'' in the caption of subsection (a), as
redesignated, and inserting ``5001, 5003,'';
(3) inserting ``to carry out section 5001 in the amount as
determined in section 5006(b), and'' after ``limitation,'' in
the text of subsection (a), as redesignated; and
(4) adding at the end thereof the following:
``(b) Use of Interest Only.--The amount of funding to be made
available annually to carry out section 5001 shall be the interest
produced by the Fund's investment of the $22,500,000 remaining funding
authorized for the Prince William Sound Oil Spill Recovery Institute and
currently deposited in the Fund and invested by the Secretary of the
Treasury in income producing securities along with other funds
comprising the Fund. The National Pollution Funds Center shall transfer
all such accrued interest, including the interest earned from the date
funds in the Trans-Alaska Liability Pipeline Fund were transferred into
the Oil Spill Liability Trust Fund pursuant to section
8102(a)(2)(B)(ii), to the Prince William Sound Oil Spill Recovery
Institute annually, beginning 60 days after the date of enactment of the
Coast Guard Authorization Act of 1996.
[[Page 110 STAT. 3966]]
``(c) Use for Section 1012.--Beginning with the eleventh year
following the date of enactment of the Coast Guard Authorization Act of
1996, the funding authorized for the Prince William Sound Oil Spill
Recovery Institute and deposited in the Fund shall thereafter be made
available for purposes of section 1012 in Alaska.''.
(c) Conforming Amendments.--
(1) Section 6002(b) of the Oil Pollution Act of 1990 (33
U.S.C. 2752(b)) is amended by striking ``5006(b)'' and inserting
``5006''.
(2) Section 7001(c)(9) the Oil Pollution Act of 1990 (33
U.S.C. 2761(c)(9)) is amended by striking the period at the end
thereof and inserting ``until the authorization for funding
under section 5006(b) expires.''.
SEC. 1103. LIMITED DOUBLE HULL EXEMPTIONS.
Section 3703a of title 46, United States Code, is amended--
(1) in subsection (b), by--
(A) striking ``or'' at the end of paragraph (2);
(B) striking the period at the end of paragraph (3)
and inserting a semicolon; and
(C) adding at the end the following new paragraphs:
``(4) a vessel documented under chapter 121 of this title
that was equipped with a double hull before August 12, 1992;
``(5) a barge of less than 1,500 gross tons (as measured
under chapter 145 of this title) carrying refined petroleum
product in bulk as cargo in or adjacent to waters of the Bering
Sea, Chukchi Sea, and Arctic Ocean and waters tributary thereto
and in the waters of the Aleutian Islands and the Alaskan
Peninsula west of 155 degrees west longitude; or
``(6) a vessel in the National Defense Reserve Fleet
pursuant to section 11 of the Merchant Ship Sales Act of 1946
(50 App. U.S.C. 1744).''; and
(2) by adding at the end the following new subsection:
``(d) The operation of barges described in subsection (b)(5) outside
waters described in that subsection shall be on any conditions as the
Secretary may require.''.
SEC. 1104. OIL SPILL RESPONSE VESSELS.
(a) Description.--Section 2101 of title 46, United States Code, is
amended--
(1) by redesignating paragraph (20a) as paragraph (20b); and
(2) by inserting after paragraph (20) the following new
paragraph:
``(20a) `oil spill response vessel' means a vessel that is
designated in its certificate of inspection as such a vessel, or
that is adapted to respond to a discharge of oil or a hazardous
material.''.
(b) Exemption From Liquid Bulk Carriage Requirements.--Section 3702
of title 46, United States Code, is amended by adding at the end thereof
the following:
``(f) This chapter does not apply to an oil spill response vessel
if--
``(1) the vessel is used only in response-related
activities; or
``(2) the vessel is--
``(A) not more than 500 gross tons as measured under
section 14502 of this title, or an alternate tonnage
meas-
[[Page 110 STAT. 3967]]
ured under section 14302 of this title as prescribed by
the Secretary under section 14104 of this title;
``(B) designated in its certificate of inspection as
an oil spill response vessel; and
``(C) engaged in response-related activities.''.
(c) Manning.--Section 8104(p) of title 46, United States Code, is
amended to read as follows:
``(p) The Secretary may prescribe the watchstanding and work hours
requirements for an oil spill response vessel.''.
(d) Minimum Number of Licensed Individuals.--Section 8301(e) of
title 46, United States Code, is amended to read as follows:
``(e) The Secretary may prescribe the minimum number of licensed
individuals for an oil spill response vessel.''.
(e) Merchant Mariner Document Requirements.--Section 8701(a) of
title 46, United States Code, is amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (7),
(2) by striking the period at the end of paragraph (8) and
inserting a semicolon and ``and''; and
(3) by adding at the end thereof the following new
paragraph:
``(9) the Secretary may prescribe the individuals required
to hold a merchant mariner's document serving onboard an oil
spill response vessel.''.
(f) Exemption From Towing Vessel Requirement.--Section 8905 of title
46, United States Code, is amended by adding at the end the following
new subsection:
``(c) Section 8904 of this title does not apply to an oil spill
response vessel while engaged in oil spill response or training
activities.''.
(g) Inspection Requirement.--Section 3301 of title 46, United States
Code, is amended by adding at the end the following new paragraph:
``(14) oil spill response vessels.''.
SEC. 1105. SERVICE IN CERTAIN SUITS IN ADMIRALTY.
Section 2 of the Act of March 9, 1920 (popularly known as the Suits
in Admiralty Act; 46 App. U.S.C. 742), is amended by striking ``The
libelant'' and all that follows through ``and such corporation.''.
SEC. 1106. AMENDMENTS TO THE JOHNSON ACT.
(a) California Cruise Industry Revitalization.--Section 5(b)(2) of
the Act of January 2, 1951 (15 U.S.C. 1175(b)(2)), commonly referred to
as the ``Johnson Act'', is amended by adding at the end thereof the
following:
``(C) Exclusion of certain voyages and segments.--
Except for a voyage or segment of a voyage that occurs
within the boundaries of the State of Hawaii, a voyage
or segment of a voyage is not described in subparagraph
(B) if it includes or consists of a segment--
``(i) that begins and ends in the same State;
``(ii) that is part of a voyage to another
State or to a foreign country; and
``(iii) in which the vessel reaches the other
State or foreign country within 3 days after
leaving the State in which it begins.''.
[[Page 110 STAT. 3968]]
(b) Authority of the State of Indiana Over Vessels on Voyages in the
Territorial Jurisdiction of the State of Indiana.--Section 5(b)(1) of
the Act of January 2, 1951 (15 U.S.C. 1175(b)(1)), commonly known as the
``Johnson Act'', is amended--
(1) in subparagraph (A) by striking ``or'' after the
semicolon at the end;
(2) in subparagraph (B) by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) the repair, transport, possession, or use of a
gambling device on a vessel on a voyage that begins in
the State of Indiana and that does not leave the
territorial jurisdiction of that State, including such a
voyage on Lake Michigan.''.
(c) Applicability to Certain Voyages in Alaska.--Section 5 of the
Act of January 2, 1951 (15 U.S.C. 1175), commonly referred to as the
``Johnson Act'', is amended by adding at the end the following new
subsection:
``(c) Exception.--(1) With respect to a vessel operating in Alaska,
this section does not prohibit, nor may the State of Alaska make it a
violation of law for there to occur, the repair, transport, possession,
or use of any gambling device on board a vessel which provides sleeping
accommodations for all of its passengers and that is on a voyage or
segment of a voyage described in paragraph (2), except that such State
may, within its boundaries--
``(A) prohibit the use of a gambling device on a vessel
while it is docked or anchored or while it is operating within 3
nautical miles of a port at which it is scheduled to call; and
``(B) require the gambling devices to remain on board the
vessel.
``(2) A voyage referred to in paragraph (1) is a voyage that--
``(A) includes a stop in Canada or in a State other than the
State of Alaska;
``(B) includes stops in at least 2 different ports situated
in the State of Alaska; and
``(C) is of at least 60 hours duration.''.
SEC. 1107. LOWER COLUMBIA RIVER MARITIME FIRE AND SAFETY ACTIVITIES.
The Secretary of Transportation is authorized to expend out of the
amounts appropriated for the Coast Guard not more than $940,000 for
lower Columbia River marine, fire, oil, and toxic spill response
communications, training, equipment, and program administration
activities conducted by the Maritime Fire and Safety Association.
SEC. 1108. OIL POLLUTION RESEARCH TRAINING.
Section 7001(c)(2)(D) of the Oil Pollution Act of 1990 (33 U.S.C.
2761(c)(2)(D)) is amended by striking ``Texas;'' and inserting ``Texas,
and the Center for Marine Training and Safety in Galveston, Texas;''.
SEC. 1109. LIMITATION ON RELOCATION OF HOUSTON AND GALVESTON MARINE
SAFETY OFFICES.
The Secretary of Transportation may not relocate the Coast Guard
Marine Safety Offices in Galveston, Texas, and Houston,
[[Page 110 STAT. 3969]]
Texas. Nothing in this section prevents the consolidation of management
functions of these Coast Guard authorities.
SEC. 1110. UNINSPECTED FISH TENDER VESSELS.
Section 3302 of title 46, United States Code, as amended by this
Act, is further amended as follows:
(1) Subsection (b) is amended by striking ``A fishing
vessel,'' and inserting ``Except as provided in subsection
(c)(3) of this section, a fishing vessel''.
(2) Subsection (c)(1) is amended by striking ``A fish
processing vessel'' and inserting ``Except as provided in
paragraph (3) of this subsection, a fish processing vessel''.
(3) Subsection (c)(2) is amended by striking ``A fish tender
vessel'' and inserting ``Except as provided in paragraphs (3)
and (4) of this subsection, a fish tender vessel''.
(4) Subsection (c)(3) is amended to read as follows:
``(3)(A) A fishing vessel or fish processing vessel is exempt from
section 3301 (1), (6), and (7) of this title when transporting cargo
(including fisheries-related cargo) to or from a place in Alaska if--
``(i) that place does not receive weekly common carrier
service by water from a place in the United States;
``(ii) that place receives such common carrier service and
the cargo is of a type not accepted by that common carrier
service; or
``(iii) the cargo is proprietary cargo owned by the owner of
the vessel or any affiliated entity or subsidiary.
``(B) A fish tender vessel of not more than 500 gross tons as
measured under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title, which is qualified to
engage in the Aleutian trade is exempt from section 3301 (1), (6), and
(7) of this title when transporting cargo (including fisheries-related
cargo) to or from a place in Alaska outside the Aleutian trade
geographic area if--
``(i) that place does not receive weekly common carrier
service by water from a place in the United States;
``(ii) that place receives such common carrier service and
the cargo is of a type not accepted by that common carrier
service; or
``(iii) the cargo is proprietary cargo owned by the owner of
the vessel or any affiliated entity or subsidiary.
``(C) In this paragraph, the term `proprietary cargo' means cargo
that--
``(i) is used by the owner of the vessel or any affiliated
entity or subsidiary in activities directly related to fishing
or the processing of fish;
``(ii) is consumed by employees of the owner of the vessel
or any affiliated entity or subsidiary who are engaged in
fishing or in the processing of fish; or
``(iii) consists of fish or fish products harvested or
processed by the owner of the vessel or any affiliated entity or
subsidiary.
``(D) Notwithstanding the restrictions in subparagraph (B) of this
paragraph, vessels qualifying under subparagraph (B) may transport cargo
(including fishery-related products) from a place in Alaska receiving
weekly common carrier service by water to
[[Page 110 STAT. 3970]]
a final destination in Alaska not receiving weekly service by water from
common carriers.''.
SEC. 1111. FOREIGN PASSENGER VESSEL USER FEES.
Section 3303 of title 46, United States Code, is amended--
(1) by striking ``(a)'' in subsection (a); and
(2) by striking subsection (b).
SEC. 1112. COAST GUARD USER FEES.
(a) Limits on User Fees.--Section 10401(g) of the Omnibus Budget
Reconciliation Act of 1990 (46 U.S.C. 2110(a)(2)) is amended by adding
after ``annually.'' the following: ``The Secretary may not establish a
fee or charge under paragraph (1) for inspection or examination of a
small passenger vessel under this title that is more than $300 annually
for such vessels under 65 feet in length, or more than $600 annually for
such vessels 65 feet in length and greater.''.
(b) Ferry Exemption.--Such section is further amended by adding at
the end the following: ``The Secretary may not establish a fee or charge
under paragraph (1) for inspection or examination under this title for
any publicly-owned ferry.''.
SEC. 1113. VESSEL FINANCING.
(a) Elimination of Mortgagee Restrictions.--Section 31322(a) of
title 46, United States Code, is amended to read as follows:
``(a) A preferred mortgage is a mortgage, whenever made, that--
``(1) includes the whole of the vessel;
``(2) is filed in substantial compliance with section 31321
of this title; and
``(3)(A) covers a documented vessel; or
``(B) covers a vessel for which an application for
documentation is filed that is in substantial compliance with
the requirements of chapter 121 of this title and the
regulations prescribed under that chapter.''.
(b) Elimination of Trustee Restrictions.--
(1) Repeal.--Section 31328 of title 46, United States Code,
is repealed.
(2) Conforming amendments.--Section 31330(b) of title 46,
United States Code, is amended in paragraphs (1), (2), and (3)
by striking ``31328 or'' each place it appears.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 313 of title 46, United States Code, is
amended by striking the item relating to section 31328.
(c) Removal of Mortgage Restrictions.--Section 9 of the Shipping
Act, 1916 (46 App. U.S.C. 808), is amended--
(1) in subsection (c)--
(A) by striking ``31328'' and inserting
``12106(e)''; and
(B) in paragraph (1) by striking ``mortgage,'' each
place it appears; and
(2) in subsection (d)--
(A) in paragraph (1) by striking ``transfer, or
mortgage'' and inserting ``or transfer'';
(B) in paragraph (2) by striking ``transfers, or
mortgages'' and inserting ``or transfers'';
(C) in paragraph (3)(B) by striking ``transfers, or
mortgages'' and inserting ``or transfers''; and
[[Page 110 STAT. 3971]]
(D) in paragraph (4) by striking ``transfers, or
mortgages'' and inserting ``or transfers''.
(d) Leasing.--Section 12106 of title 46, United States Code, is
amended by adding at the end the following:
``(e)(1) A certificate of documentation for a vessel may be endorsed
with a coastwise endorsement if--
``(A) the vessel is eligible for documentation;
``(B) the person that owns the vessel, a parent entity of
that person, or a subsidiary of a parent entity of that person,
is primarily engaged in leasing or other financing transactions;
``(C) the vessel is under a demise charter to a person that
certifies to the Secretary that the person is a citizen of the
United States for engaging in the coastwise trade under section
2 of the Shipping Act, 1916;
``(D) the demise charter is for a period of at least 3 years
or a shorter period as may be prescribed by the Secretary; and
``(E) the vessel is otherwise eligible for documentation
under this section.
``(2) The demise charter and any amendments to that charter shall be
filed with the certificate required by this subsection, or within 10
days following the filing of an amendment to the charter, and such
charter and amendments shall be made available to the public.
``(3) Upon termination by a demise charterer required under
paragraph (1)(C), the coastwise endorsement of the vessel may, in the
sole discretion of the Secretary, be continued after the termination for
default of the demise charter for a period not to exceed 6 months on
such terms and conditions as the Secretary may prescribe.
``(4) For purposes of section 2 of the Shipping Act, 1916, and
section 12102(a) of this title, a vessel meeting the criteria of this
subsection is deemed to be owned exclusively by citizens of the United
States.''.
(e) Conforming Amendment.--Section 9(c) of the Shipping Act, 1916,
as amended (46 App. U.S.C. 808(c)) is amended by striking ``sections
31322(a)(1)(D)'' and inserting ``sections 12106(e), 31322(a)(1)(D),''.
(f) Study <<NOTE: 46 USC 12106 note.>> and Report.--
(1) Study.--The Secretary of Transportation shall conduct a
study of the methods for leasing, demise chartering, and
financing of vessels operating in the coastal trades of other
countries and whether the laws of other countries provide
reciprocity for United States banks, leasing companies, or other
financial institutions with respect to the rights granted under
the amendment made by subsection (d). The study shall develop
recommendations whether additional laws requiring reciprocity
should be considered for non-United States banks, leasing
companies, or other financial institutions.
(2) Report.--The Secretary shall submit to the Congress a
report 1 year after the date of enactment of this Act of the
results of the study required under paragraph (1), including
recommendations developed in the study.
SEC. 1114. MANNING AND WATCH REQUIREMENTS ON TOWING VESSELS ON THE GREAT
LAKES.
(a) Section 8104(c) of title 46, United States Code, is amended--
[[Page 110 STAT. 3972]]
(1) by striking ``or permitted''; and
(2) by inserting after ``day'' the following: ``or permitted
to work more than 15 hours in any 24-hour period, or more than
36 hours in any 72-hour period''.
(b) Section 8104(e) of title 46, United States Code, is amended by
striking ``subsections (c) and (d)'' and inserting ``subsection (d)''.
(c) Section 8104(g) of title 46, United States Code, is amended by
striking ``(except a vessel to which subsection (c) of this section
applies)''.
SEC. 1115. REPEAL OF GREAT LAKES ENDORSEMENTS.
(a) Repeal.--Section 12107 of title 46, United States Code, is
repealed.
(b) Conforming Amendments.--
(1) The analysis at the beginning of chapter 121 of title
46, United States Code, is amended by striking the item relating
to section 12107.
(2) Section 12101(b)(3) of title 46, United States Code, is
repealed.
(3) Section 4370(a) of the Revised Statutes of the United
States (46 App. U.S.C. 316(a)) is amended by striking ``or
12107''.
(4) Section 2793 of the Revised Statutes of the United
States (46 App. U.S.C. 111, 123) <<NOTE: 19 USC 288.>> is
amended--
(A) by striking ``coastwise, Great Lakes
endorsement'' and all that follows through ``foreign
ports,'' and inserting ``registry endorsement, engaged
in foreign trade on the Great Lakes or their tributary
or connecting waters in trade with Canada,''; and
(B) by striking ``, as if from or to foreign
ports''.
(5) Section 9302(a)(1) of title 46, United States Code, is
amended by striking ``subsections (d) and (e)'' and inserting
``subsections (d), (e), and (f)''.
(6) Section 9302(e) of title 46, United States Code, is
amended by striking ``subsections (a) and (b)'' and inserting
``subsection (a)''.
(7) Section 9302 of title 46, United States Code, is amended
by adding at the end the following new subsection:
``(f) A documented vessel regularly operating on the Great Lakes or
between ports on the Great Lakes and the St. Lawrence River is exempt
from the requirements of subsection (a) of this section.''.
SEC. 1116. RELIEF FROM UNITED STATES DOCUMENTATION REQUIREMENTS.
(a) In General.--Notwithstanding any other law or any agreement with
the United States Government, a vessel described in subsection (b) may
be transferred to or placed under a foreign registry or sold to a person
that is not a citizen of the United States and transferred to or placed
under a foreign registry.
(b) Vessels Described.--The vessels referred to in subsection (a)
are the following:
(1) MV PLATTE (United States official number 653210).
(2) SOUTHERN (United States official number 591902).
(3) ARZEW (United States official number 598727).
(4) LAKE CHARLES (United States official number 619531).
(5) LOUISIANA (United States official number 619532).
(6) GAMMA (United States official number 598730).
[[Page 110 STAT. 3973]]
(7) BAY RIDGE (United States official number 600128).
(8) COASTAL GOLDEN (United States official number 598731).
SEC. 1117. <<NOTE: 46 USC 12101 note.>> USE OF FOREIGN REGISTRY OIL
SPILL RESPONSE VESSELS.
Notwithstanding any other provision of law, an oil spill response
vessel documented under the laws of a foreign country may operate in
waters of the United States on an emergency and temporary basis, for the
purpose of recovering, transporting, and unloading in a United States
port oil discharged as a result of an oil spill in or near those waters,
if--
(1) an adequate number and type of oil spill response
vessels documented under the laws of the United States cannot be
engaged to recover oil from an oil spill in or near those waters
in a timely manner, as determined by the Federal On-Scene
Coordinator for a discharge or threat of a discharge of oil; and
(2) that foreign country has by its laws accorded to vessels
of the United States the same privileges accorded to vessels of
that foreign country under this section.
SEC. 1118. JUDICIAL SALE OF CERTAIN DOCUMENTED VESSELS TO ALIENS.
Section 31329 of title 46, United States Code, is amended by adding
at the end the following new subsection:
``(f) This section does not apply to a documented vessel that has
been operated only for pleasure.''.
SEC. 1119. IMPROVED <<NOTE: Regulations.>> AUTHORITY TO SELL RECYCLABLE
MATERIAL.
Section 641(c)(2) of title 14, United States Code, is amended by
inserting before the period the following: ``, except that the
Commandant may conduct sales of materials for which the proceeds of sale
will not exceed $5,000 under regulations prescribed by the Commandant''.
SEC. 1120. DOCUMENTATION OF CERTAIN VESSELS.
(a) General Certificates.--Notwithstanding sections 12106, 12107,
and 12108 of title 46, United States Code, section 8 of the Act of June
19, 1886 (24 Stat. 81; chapter 421; 46 App. U.S.C. 289), and section 27
of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), as applicable on
the date of enactment of this Act, the Secretary of Transportation may
issue a certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the following vessels:
(1) ABORIGINAL (United States official number 942118).
(2) ALPHA TANGO (United States official number 945782).
(3) ANNAPOLIS (United States official number 999008).
(4) ARK (United States official number 912726).
(5) AURA (United States official number 1027807).
(6) BABS (United States official number 1030028).
(7) BAGGER (State of Hawaii registration number HA1809E).
(8) BAREFOOT'N (United States official number 619766).
(9) BARGE 76 (United States official number 1030612).
(10) BARGE 77 (United States official number 1030613).
(11) BARGE 78 (United States official number 1030614).
(12) BARGE 100 (United States official number 1030615).
(13) BEACON (United States official number 501539).
[[Page 110 STAT. 3974]]
(14) BEAR (United States official number 695002).
(15) BEULA LEE (United States official number 928211).
(16) BEWILDERED (United States official number 902354).
(17) BIG DAD (United States official number 565022).
(18) BILLY BUCK (United States official number 939064).
(19) BROKEN PROMISE (United States official number 904435).
(20) CAPTAIN DARYL (United States official number 580125).
(21) CAROLYN (State of Tennessee registration number
TN1765C).
(22) CHARLOTTE (State of Maryland certification number
MD1397AM).
(23) CHESAPEAKE (United States official number 999010).
(24) CHRISSY (State of Maine registration certification
number ME4778B).
(25) COLT INTERNATIONAL (United States official number
913637).
(26) CONSORT (United States official number 999005).
(27) CONSORTIUM (British registration number 303328).
(28) COURIER SERVICE (Vanuatu registration number 688).
(29) CURTIS BAY (United States official number 999007).
(30) DAMN YANKEE (United States official number 263611).
(31) DANTE (United States official number 556188).
(32) DELTA KING (United States official number 225874).
(33) DORDY III (United States official number 286553).
(34) DRAGONESSA (United States official number 646512).
(35) EAGLE MAR (United States official number 575349).
(36) EMERALD AYES (United States official number 986099)
(37) EMMA (United States official number 946449).
(38) EMPRESS (United States official number 975018).
(39) ENDEAVOUR (United States official number 947869).
(40) EVENING STAR (State of Hawaii registration number
HA8337D).
(41) EXPLORER (United States official number 918080).
(42) EXTREME (United States official number 1022278).
(43) EXUBERANCE (United States official number 698516).
(44) FIFTY ONE (United States official number 1020419).
(45) FINESSE (State of Florida registration number 7148).
(46) FOCUS (United States official number 909293).
(47) FREJA VIKING (Danish registration number A395).
(48) 3 barges owned by the Harbor Maine Corporation (a
corporation organized under the laws of the State of Rhode
Island) and referred to by that company as Harbor 221, Harbor
223, and Gene Elizabeth.
(49) GIBRALTAR (United States official number 668634).
(50) GLEAM (United States official number 921594).
(51) GOD'S GRACE II (State of Alaska registration number
AK5916B).
(52) HALCYON (United States official number 690219).
(53) HAMPTON ROADS (United States official number 999009).
[[Page 110 STAT. 3975]]
(54) HERCO TYME (United States official number 911599).
(55) HER WEIGH (United States official number 919074).
(56) HIGH HOPES (United States official number 935174).
(57) HIGH HOPES II (United States official number 959439).
(58) HOPTOAD (Hull Identification number 528162 NET 12).
(59) HOT WATER (United States official number 965985).
(60) IDUN VIKING (Danish registration number A433).
(61) INTREPID (United States official number 508185).
(62) ISABELLE (United States official number 600655).
(63) ISLAND STAR (United States official number 673537).
(64) JAJO (Hull ID number R1Z200207H280).
(65) JAMESTOWN (United States official number 999006).
(66) JIVE DEVIL (United States official number 685348).
(67) JOAN MARIE (State of North Carolina registration number
NC2319AV).
(68) KALYPSO (United States official number 566349).
(69) KARMA (United States official number 661709).
(70) LADY HAWK (United States official number 961095).
(71) LIBERTY (United States official number 375248).
(72) LIV VIKING (Danish registration number A394).
(73) M/V MARION C II (United States official number 570892).
(74) MAGIC CARPET (United States official number 278971).
(75) MAGIC MOMENTS (United States official number 653689).
(76) MADRINE (United States official number 663842).
(77) MARALINDA (State of Florida registration number
C023203-97).
(78) MARANTHA (United States official number 638787).
(79) MARSH GRASS II (Hull ID number AUKEV51139K690).
(80) MEMORY MAKER (Hull No 3151059, State of Maryland
registration number MD8867AW).
(81) MOONRAKER (United States official number 645981).
(82) MORGAN (State of Ohio registration number OH-0358-EA).
(83) MOVIN ON (United States official number 585100).
(84) MY LITTLE SHIP (State of Washington registration number
WN9979MF5).
(85) NAMASTE (United States official number 594472).
(86) OLD HAT (United States official number 508299).
(87) ONRUST (United States official number 515058).
(88) PAUL JOHANSEN (United States official number 1033607).
(89) PHOENIX (United States official number 940997).
(90) PLAY HARD (State of North Carolina registration number
NC1083CE).
(91) POLICY MAKER III (United States official number
569223).
(92) PRIME TIME (United States official number 660944).
(93) QUIET SQUAW (United States official number 998717).
(94) QUIETLY (United States official number 658315).
[[Page 110 STAT. 3976]]
(95) QUINTESSENCE (United States official number 934393).
(96) RAFFLES LIGHT (United States official number 501584).
(97) RAINBOW'S END (United States official number 1026899;
Hull ID number MY13708C787).
(98) RATTLESNAKE (Canadian registration number 802702).
(99) REEL TOY (United States official number 698383).
(100) RELENTLESS (United States official number 287008).
(101) 2 barges owned by Roen Salvage (a corporation
organized under the laws of the State of Wisconsin) and numbered
by that company as barge 103 and barge 203.
(102) ROYAL AFFAIRE (United States official number 649292).
(103) SALLIE D (State of Maryland registration number
MD2655A).
(104) SARAH-CHRISTEN (United States official number 342195).
(105) SEA MISTRESS (United States official number 696806).
(106) SEA SISTER (United States official number 951817).
(107) SERENITY (United States official number 1021393).
(108) SHAKA MARU (United States official number 983176).
(109) SHAMROCK V (United States official number 900936).
(110) SHOGUN (United States official number 577839).
(111) SISU (United States official number 293648).
(112) SMALLEY (6808 Amphibious Dredge: State of Florida
registration number FL1855FF).
(113) SNOW HAWK (United States official number 955-637).
(114) SOUTHERN CRUZ (United States official number 556797).
(115) SUNDOWN (United States official number 293434).
(116) SUNRISE (United States official number 950381).
(117) TECUMSEH (United States official number 668633).
(118) THE SUMMER WIND (United States official number
905819).
(119) TIVOLI (United States official number 582516).
(120) TOO MUCH FUN (United States official number 936565).
(121) TOP GUN (United States official number 623642).
(122) TRIAD (United States official number 988602).
(123) TWO CAN (United States official number 932361).
(124) VICTORIA CLIPPER II (United States official number
725338).
(125) WATERFRONT PROPERTY (United States official number
987686).
(126) WESTFJORD (Hull ID number X-53-109).
(127) WESTERN ATLANTIC (Panamanian registration number
10484-80-CEO).
(128) WHITE WING (United States official number 283818).
(129) WHY KNOT (United States official number 688570).
[[Page 110 STAT. 3977]]
(130) WOLF GANG II (United States official number 984934).
(131) YES DEAR (United States official number 578550).
(132) Former United States military vessels, as follows:
(A) LACV-30 hovercraft hulls numbered 1 through 26.
(B) AP-188 hovercraft hulls numbered 8701 and 8901.
For the purposes of chapter 121 of title 46, United States Code,
and section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C.
883), the engine twin paks, the thrust and lift engines, and all
spare parts, appurtenances, and accessories transferred by the
United States with the vessels referred to in this paragraph are
deemed to have been built in the United States.
(b) M/V Twin Drill.--Section 601(d) of the Coast Guard Authorization
Act of 1993 (Public Law 103-206) <<NOTE: 107 Stat. 2443.>> is amended--
(1) in paragraph (3) by striking ``June 30, 1995'' and
inserting ``June 30, 1998''; and
(2) in paragraph (4)--
(A) by striking ``12 months'' and inserting ``36
months''; and
(B) by inserting ``or convert under the same terms
and conditions as provided in paragraphs (1) and (2)''
after ``construct''; and
(3) in paragraph (5) by striking ``constructed'' and
inserting ``delivered''.
(c) Certificates of Documentation for Gallant Lady.--
(1) In general.--Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 App. U.S.C. 883), section 8 of the Act of
June 19, 1886 (24 Stat. 81, chapter 421; 46 App. U.S.C. 289),
and section 12106 of title 46, United States Code, and subject
to paragraph (2), the Secretary of Transportation may issue a
certificate of documentation with an appropriate endorsement for
employment in coastwise trade for each of the following vessels:
(A) GALLANT LADY (Feadship hull number 645,
approximately 130 feet in length).
(B) GALLANT LADY (Feadship hull number 651,
approximately 172 feet in length).
(2) Limitation on operation.--Coastwise trade authorized
under a certificate of documentation issued for a vessel under
this section shall be limited to the carriage of passengers in
association with contributions to charitable organizations no
portion of which is received, directly or indirectly, by the
owner of the vessel.
(3) Condition.--The Secretary may not issue a certificate of
documentation for a vessel under paragraph (1) unless, not later
than 90 days after the date of enactment of this Act, the owner
of the vessel referred to in paragraph (1)(B) submits to the
Secretary a letter expressing the intent of the owner to, before
April 1, 1998, enter into a contract for the construction in the
United States of a passenger vessel of at least 130 feet in
length.
(4) Effective date of certificates.--A certificate of
documentation issued under paragraph (1) shall take effect--
(A) for the vessel referred to in paragraph (1)(A),
on the date of the issuance of the certificate; and
[[Page 110 STAT. 3978]]
(B) for the vessel referred to in paragraph (1)(B),
on the date of delivery of the vessel to the owner.
(5) Termination of effectiveness of certificates.--A
certificate of documentation issued for a vessel under paragraph
(1) shall expire--
(A) on the date of the sale of the vessel by the
owner;
(B) on April 1, 1998, if the owner of the vessel
referred to in paragraph (1)(B) has not entered into a
contract for construction of a vessel in accordance with
the letter of intent submitted to the Secretary under
paragraph (3); or
(C) on such date as a contract referred to in
paragraph (2) is breached, rescinded, or terminated
(other than for completion of performance of the
contract) by the owner of the vessel referred to in
paragraph (1)(B).
(d) Certificates of Documentation for Enchanted Isle and Enchanted
Seas.--Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), section
12106 of title 46, United States Code, section 506 of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1156), and any agreement with the
United States Government, the Secretary of Transportation may issue
certificates of documentation with a coastwise endorsement for the
vessels ENCHANTED ISLE (Panamanian official number 14087-84B) and
ENCHANTED SEAS (Panamanian official number 14064-84D), except that the
vessels may not operate between or among islands in the State of Hawaii.
(e) Exception to Chain of Title Restriction.--Section 27 of the
Merchant Marine Act, 1920 (46 App. U.S.C. 883) is amended in the first
proviso after ``no vessel'' by inserting ``of more than 200 gross tons
(as measured under chapter 143 of title 46, United States Code)''.
(f) Certificate <<NOTE: 46 USC 883 note.>> of Documentation for a
Liquified Gas Tanker.--Notwithstanding section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883), section 12106 of title 46, United States
Code, section 506 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1156)
and any agreement with the United States Government, the Secretary of
Transportation may issue a certificate of documentation with a coastwise
endorsement for a vessel to transport liquified natural gas or liquified
petroleum gas to the Commonwealth of Puerto Rico from other ports in the
United States, if the vessel--
(1) is a foreign built vessel that was built prior to the
date of enactment of this Act; or
(2) is documented under chapter 121 of title 46, United
States Code, before the date of enactment of this Act, even if
the vessel is placed under a foreign registry and subsequently
redocumented under that chapter for operation under this
section.
(g) Vessels Deemed Constructed in United States.--Notwithstanding
any other provision of law, the coastwise qualified vessels COASTAL SEA
(United States official number 666754), COASTAL NOMAD (United States
official number 686157), and COASTAL MERCHANT (United States official
number 1038382) are deemed to have been constructed in the United States
as of the date of their original delivery.
[[Page 110 STAT. 3979]]
(h) Limited Waiver for the Tug MV Janis Guzzle.--Notwithstanding any
other law or any agreement with the United States Government, the tug MV
JANIS GUZZLE (ex-G.R. MOIR; United States official number 608018) may be
permanently operated in the domestic trade of the United States upon the
repayment of $1,140,619 to the Secretary of Transportation.
(i) Regent Rainbow.--Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 App. U.S.C. 883), section 8 of the Act of June 19,
1886 (46 App. U.S.C. 289), section 12106 of title 46, United States
Code, section 506 of the Merchant Marine Act, 1936 (46 App. U.S.C.
1156), and any agreement with the United States Government, the
Secretary of Transportation may issue a certificate of documentation
with appropriate endorsement for employment in the coastwise trade for
the vessel REGENT RAINBOW (Bahamas official number 715557), after the
completion of the sale of the REGENT RAINBOW to an operator of another
passenger vessel measuring more that 20,000 gross tons that on the day
before the date of the enactment of this Act is in operation with a
coastwise endorsement.
(j) Military Hovercraft.--Notwithstanding any other provision of
law, the Administrator of General Services shall waive all conditions
and restrictions relating to transfer or use of the property described
in subsection (a)(132) (including the engine twin paks, the thrust and
lift engines, and all spare parts, appurtenances, and accessories
referred to in that subsection) and shall transfer unconditional and
unrestricted title to all such property to the recipient eligible donee.
SEC. 1121. VESSEL DEEMED TO BE A RECREATIONAL VESSEL.
(a) In General.--The vessel described in subsection (b) is deemed
for all purposes, including title 46, United States Code, and all
regulations thereunder, to be a recreational vessel of less than 300
gross tons, if--
(1) it does not carry cargo or passengers for hire; and
(2) it does not engage in commercial fisheries or
oceanographic research.
(b) Vessel Described.--The vessel referred to in subsection (a) is
an approximately 96 meter twin screw motor yacht, the construction of
which commenced in October, 1993, and that has been assigned the
builder's number 13583 (to be named the LIMITLESS).
SEC. 1122. SMALL <<NOTE: 46 USC 3301 note.>> PASSENGER VESSEL PILOT
INSPECTION PROGRAM WITH THE STATE OF MINNESOTA.
(a) In General.--The Secretary may enter into an agreement with the
State under which the State may inspect small passenger vessels
operating in waters of that State designated by the Secretary, if--
(1) the State plan for the inspection of small passenger
vessels meets such requirements as the Secretary may require to
ensure the safety and operation of such vessels in accordance
with the standards that would apply if the Coast Guard were
inspecting such vessels; and
(2) the State will provide such information obtained through
the inspection program to the Secretary annually in such form
and in such detail as the Secretary may require.
(b) Fees.--The Secretary may adjust or waive the user fee imposed
under section 3317 of title 46, United States Code, for
[[Page 110 STAT. 3980]]
the inspection of small passenger vessels inspected under the State
program.
(c) Termination.--The authority provided by subsection (a)
terminates on December 31, 1999.
(d) Definitions.--For purposes of this section--
(1) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
(2) State.--The term ``State'' means the State of Minnesota.
(3) Small passenger vessel.--The term ``small passenger
vessel'' means a small passenger vessel (as defined in section
2101(35) of title 46, United States Code) of not more than 40
feet overall in length.
SEC. 1123. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS FISHING.
Section 8103(i)(1) of title 46, United States Code, is amended--
(1) by striking ``or'' in subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting a semicolon and ``or''; and
(3) by adding at the end thereof the following:
``(D) an alien allowed to be employed under the immigration
laws of the Commonwealth of the Northern Mariana Islands if the
vessel is permanently stationed at a port within the
Commonwealth and the vessel is engaged in the fisheries within
the exclusive economic zone surrounding the Commonwealth or
another United States territory or possession.''.
SEC. 1124. AVAILABILITY OF EXTRAJUDICIAL REMEDIES FOR DEFAULT ON
PREFERRED MORTGAGE LIENS ON VESSELS.
(a) Availability of Extrajudicial Remedies.--Section 31325(b) of
title 46, United States Code, is amended--
(1) in the matter preceding paragraph (1) by striking
``mortgage may'' and inserting ``mortgagee may'';
(2) in paragraph (1) by--
(A) striking ``perferred'' and inserting
``preferred''; and
(B) striking ``; and'' and inserting a semicolon;
and
(3) by adding at the end the following:
``(3) enforce the preferred mortgage lien or a claim for the
outstanding indebtedness secured by the mortgaged vessel, or
both, by exercising any other remedy (including an extrajudicial
remedy) against a documented vessel, a vessel for which an
application for documentation is filed under chapter 121 of this
title, a foreign vessel, or a mortgagor, maker, comaker, or
guarantor for the amount of the outstanding indebtedness or any
deficiency in full payment of that indebtedness, if--
``(A) the remedy is allowed under applicable law;
and
``(B) the exercise of the remedy will not result in
a violation of section 9 or 37 of the Shipping Act, 1916
(46 App. U.S.C. 808, 835).''.
(b) Notice.--Section 31325 of title 46, United States Code, is
further amended by adding at the end the following:
``(f)(1) Before title to the documented vessel or vessel for which
an application for documentation is filed under chapter 121 is
transferred by an extrajudicial remedy, the person exercising the remedy
shall give notice of the proposed transfer to the Secretary,
[[Page 110 STAT. 3981]]
to the mortgagee of any mortgage on the vessel filed in substantial
compliance with section 31321 of this title before notice of the
proposed transfer is given to the Secretary, and to any person that
recorded a notice of a claim of an undischarged lien on the vessel under
section 31343(a) or (d) of this title before notice of the proposed
transfer is given to the Secretary.
``(2) Failure to give notice as required by this subsection shall
not affect the transfer of title to a vessel. However, the rights of any
holder of a maritime lien or a preferred mortgage on the vessel shall
not be affected by a transfer of title by an extrajudicial remedy
exercised under this section, regardless of whether notice is required
by this subsection or given.
``(3) The Secretary shall prescribe regulations establishing the
time and manner for providing notice under this subsection.''.
(c) Rule <<NOTE: 46 USC 31325 note.>> of Construction.--The
amendments made by subsections (a) and (b) may not be construed to imply
that remedies other than judicial remedies were not available before the
date of enactment of this section to enforce claims for outstanding
indebtedness secured by mortgaged vessels.
SEC. 1125. OFFSHORE FACILITY FINANCIAL RESPONSIBILITY
REQUIREMENTS.
(a) Amount of Financial Responsibility.--Section 1016 of the Oil
Pollution Act of 1990 (33 U.S.C. 2716) is amended--
(1) by amending subsection (c)(1) to read as follows:
``(1) In general.--
``(A) Evidence of financial responsibility
required.--Except as provided in paragraph (2), a
responsible party with respect to an offshore facility
that--
``(i)(I) is located seaward of the line of
ordinary low water along that portion of the coast
that is in direct contact with the open sea and
the line marking the seaward limit of inland
waters; or
``(II) is located in coastal inland waters,
such as bays or estuaries, seaward of the line of
ordinary low water along that portion of the coast
that is not in direct contact with the open sea;
``(ii) is used for exploring for, drilling
for, producing, or transporting oil from
facilities engaged in oil exploration, drilling,
or production; and
``(iii) has a worst-case oil spill discharge
potential of more than 1,000 barrels of oil (or a
lesser amount if the President determines that the
risks posed by such facility justify it),
shall establish and maintain evidence of financial
responsibility in the amount required under subparagraph
(B) or (C), as applicable.
``(B) Amount required generally.--Except as provided
in subparagraph (C), the amount of financial
responsibility for offshore facilities that meet the
criteria of subparagraph (A) is--
``(i) $35,000,000 for an offshore facility
located seaward of the seaward boundary of a
State; or
``(ii) $10,000,000 for an offshore facility
located landward of the seaward boundary of a
State.
``(C) Greater amount.--If the President determines
that an amount of financial responsibility for a
responsible
[[Page 110 STAT. 3982]]
party greater than the amount required by subparagraph
(B) is justified based on the relative operational,
environmental, human health, and other risks posed by
the quantity or quality of oil that is explored for,
drilled for, produced, or transported by the responsible
party, the evidence of financial responsibility required
shall be for an amount determined by the President not
exceeding $150,000,000.
``(D) Multiple facilities.--In a case in which a
person is a responsible party for more than one facility
subject to this subsection, evidence of financial
responsibility need be established only to meet the
amount applicable to the facility having the greatest
financial responsibility requirement under this
subsection.
``(E) Definition.--For the purpose of this
paragraph, the seaward boundary of a State shall be
determined in accordance with section 2(b) of the
Submerged Lands Act (43 U.S.C. 1301(b)).'';
(2) by amending subsection (f) to read as follows:
``(f) Claims Against Guarantor.--
``(1) In general.--Subject to paragraph (2), a claim for
which liability may be established under section 1002 may be
asserted directly against any guarantor providing evidence of
financial responsibility for a responsible party liable under
that section for removal costs and damages to which the claim
pertains. In defending against such a claim, the guarantor may
invoke--
``(A) all rights and defenses which would be
available to the responsible party under this Act;
``(B) any defense authorized under subsection (e);
and
``(C) the defense that the incident was caused by
the willful misconduct of the responsible party.
The guarantor may not invoke any other defense that might be
available in proceedings brought by the responsible party
against the guarantor.
``(2) Further requirement.--A claim may be asserted pursuant
to paragraph (1) directly against a guarantor providing evidence
of financial responsibility under subsection (c)(1) with respect
to an offshore facility only if--
``(A) the responsible party for whom evidence of
financial responsibility has been provided has denied or
failed to pay a claim under this Act on the basis of
being insolvent, as defined under section 101(32) of
title 11, United States Code, and applying generally
accepted accounting principles;
``(B) the responsible party for whom evidence of
financial responsibility has been provided has filed a
petition for bankruptcy under title 11, United States
Code; or
``(C) the claim is asserted by the United States for
removal costs and damages or for compensation paid by
the Fund under this Act, including costs incurred by the
Fund for processing compensation claims.
``(3) Rulemaking <<NOTE: President.>> authority.--Not later
than 1 year after the date of enactment of this paragraph, the
President shall promulgate regulations to establish a process
for implementing paragraph (2) in a manner that will allow for
the orderly and expeditious presentation and resolution of
claims and effectuate the purposes of this Act.''; and
[[Page 110 STAT. 3983]]
(3) by amending subsection (g) to read as follows:
``(g) Limitation on Guarantor's Liability.--Nothing in this Act
shall impose liability with respect to an incident on any guarantor for
damages or removal costs which exceed, in the aggregate, the amount of
financial responsibility which that guarantor has provided for a
responsible party pursuant to this section. The total liability of the
guarantor on direct action for claims brought under this Act with
respect to an incident shall be limited to that amount.''.
(b) Limitation <<NOTE: 33 USC 2716 note.>> on Application.--The
amendment made by subsection (a)(2) shall not apply to any final rule
issued before the date of enactment of this section.
SEC. 1126. DEAUTHORIZATION OF NAVIGATION PROJECT, COHASSET HARBOR,
MASSACHUSETTS.
The following portions of the project for navigation, Cohasset
Harbor, Massachusetts, authorized by section 2 of the Act entitled ``An
Act authorizing the construction, repair, and preservation of certain
public works on rivers and harbors, and for other purposes'', approved
March 2, 1945 (59 Stat. 12), or carried out pursuant to section 107 of
the River and Harbor Act of 1960 (33 U.S.C. 577), are deauthorized: A 7-
foot deep anchorage and a 6-foot deep anchorage; beginning at site 1,
starting at a point N453510.15, E792664.63, thence running south 53
degrees 07 minutes 05.4 seconds west 307.00 feet to a point N453325.90,
E792419.07, thence running north 57 degrees 56 minutes 36.8 seconds west
201.00 feet to a point N453432.58, E792248.72, thence running south 88
degrees 57 minutes 25.6 seconds west 50.00 feet to a point N453431.67,
E792198.73, thence running north 01 degree 02 minutes 52.3 seconds west
66.71 feet to a point N453498.37, E792197.51, thence running north 69
degrees 12 minutes 52.3 seconds east 332.32 feet to a point N453616.30,
E792508.20, thence running south 55 degrees 50 minutes 24.1 seconds east
189.05 feet to point of origin; then site 2, starting at a point,
N452886.64, E791287.83, thence running south 00 degrees 00 minutes 00.0
seconds west 56.04 feet to a point, N452830.60, E791287.83, thence
running north 90 degrees 00 minutes 00.0 seconds west 101.92 feet to a
point, N452830.60, E791185.91, thence running north 52 degrees 12
minutes 49.7 seconds east 89.42 feet to a point, N452885.39, E791256.58,
thence running north 87 degrees 42 minutes 33.8 seconds east 31.28 feet
to point of origin; and site 3, starting at a point, N452261.08,
E792040.24, thence running north 89 degrees 07 minutes 19.5 seconds east
118.78 feet to a point, N452262.90, E792159.01, thence running south 43
degrees 39 minutes 06.8 seconds west 40.27 feet to a point, N452233.76,
E792131.21, thence running north 74 degrees 33 minutes 29.1 seconds west
94.42 feet to a point, N452258.90, E792040.20, thence running north 01
degree 03 minutes 04.3 seconds east 2.18 feet to point of origin.
SEC. 1127. <<NOTE: 14 USC 92 note.>> SENSE OF CONGRESS; REQUIREMENT
REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--It is the
sense of the Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made available under this
Act should be American-made.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the official responsible for providing the
assistance, to the greatest extent practicable, shall provide
[[Page 110 STAT. 3984]]
to each recipient of the assistance a notice describing the statement
made in subsection (a) by the Congress.
SEC. 1128. REQUIREMENT FOR PROCUREMENT OF BUOY CHAIN.
(a) Requirement.--Chapter 5 of title 14, United States Code, as
amended by section 311 of this Act, is further amended by adding at the
end the following:
``Sec. 97. Procurement of buoy chain
``(a) Except as provided in subsection (b), the Coast Guard may not
procure buoy chain--
``(1) that is not manufactured in the United States; or
``(2) substantially all of the components of which are not
produced or manufactured in the United States.
``(b) The Coast Guard may procure buoy chain that is not
manufactured in the United States if the Secretary determines that--
``(1) the price of buoy chain manufactured in the United
States is unreasonable; or
``(2) emergency circumstances exist.''.
(b) Clerical Amendment.--The table of sections for chapter 5 of
title 14, United States Code, as amended by section 311 of this Act, is
further amended by adding at the end the following:
``97. Procurement of buoy chain.''.
SEC. 1129. CRUISE SHIP LIABILITY.
(a) Applicability of Statutory Limitations.--Section 4283 of the
Revised Statutes (46 App. U.S.C. 183) is amended by adding at the end
the following new subsection:
``(g) In a suit by any person in which the operator or owner of a
vessel or employer of a crewmember is claimed to have vicarious
liability for medical malpractice with regard to a crewmember occurring
at a shoreside facility, and to the extent the damages resulted from the
conduct of any shoreside doctor, hospital, medical facility, or other
health care provider, such operator, owner, or employer shall be
entitled to rely upon any and all statutory limitations of liability
applicable to the doctor, hospital, medical facility, or other health
care provider in the State of the United States in which the shoreside
medical care was provided.''.
(b) Contract Limitations Allowed.--Section 4283b of the Revised
Statutes of the United States (46 App. U.S.C. 183c) is amended by
redesignating the existing text as subsection (a) and by adding at the
end the following new subsection:
``(b)(1) Subsection (a) shall not prohibit provisions or limitations
in contracts, agreements, or ticket conditions of carriage with
passengers which relieve a crewmember, manager, agent, master, owner, or
operator of a vessel from liability for infliction of emotional
distress, mental suffering, or psychological injury so long as such
provisions or limitations do not limit such liability if the emotional
distress, mental suffering, or psychological injury was--
``(A) the result of physical injury to the claimant caused
by the negligence or fault of a crewmember or the manager,
agent, master, owner, or operator;
``(B) the result of the claimant having been at actual risk
of physical injury, and such risk was caused by the negligence
or fault of a crewmember or the manager, agent, master, owner,
or operator; or
[[Page 110 STAT. 3985]]
``(C) intentionally inflicted by a crewmember or the
manager, agent, master, owner, or operator.
``(2) Nothing in this subsection is intended to limit the liability
of a crewmember or the manager, agent, master, owner, or operator of a
vessel in a case involving sexual harassment, sexual assault, or
rape.''.
SEC. 1130. SENSE <<NOTE: 33 USC 2720 note.>> OF CONGRESS ON THE
IMPLEMENTATION OF REGULATIONS REGARDING
ANIMAL FATS AND VEGETABLE OILS.
(a) Sense of Congress.--It is the sense of Congress that, in an
effort to reduce unnecessary regulatory burdens, a regulation issued or
enforced and an interpretation or guideline established pursuant to
Public Law 104-55 should in any manner possible recognize and provide
for the differences in the physical, chemical, biological, and other
properties, and in the environmental effects, of the classes of fats,
oils, and greases described under that law.
(b) Report.--Within 60 days after the date of enactment of this
section and on January 1 of each year thereafter, the Secretary of
Transportation shall submit a report to Congress on the extent to which
the implementation by the United States Coast Guard of regulations
issued or enforced, or interpretations or guidelines established,
pursuant to Public Law 104-55, carry out the intent of Congress and
recognize and provide for the differences in the physical, chemical,
biological, and other properties, and in the environmental effects, of
the classes of fats, oils, and greases described under that law.
SEC. 1131. TERM OF DIRECTOR OF THE BUREAU OF TRANSPORTATION
STATISTICS.
Section 111(b)(4) of title 49, United States Code, is amended by
adding at the end the following sentence: ``The Director may continue to
serve after the expiration of the term until a successor is appointed
and confirmed.''.
SEC. 1132. WAIVER OF CERTAIN REQUIREMENTS FOR HISTORIC FORMER
PRESIDENTIAL YACHT SEQUOIA.
The vessel M/V SEQUOIA (United States official number 225115) is
deemed to be less than 100 gross tons, and the Secretary of
Transportation may exempt that vessel from certain requirements of
section 3306 of title 46, United States Code, and the regulations
thereunder. The Secretary may impose special operating restrictions on
that vessel as to route, service, manning, and equipment, necessary for
the safe operation of that vessel.
SEC. 1133. VESSEL REQUIREMENTS.
Section 3503(a) of title 46, United States Code, is amended by
striking the last sentence and inserting in lieu thereof the following:
``Before November 1, 2008, this section does not apply to any vessel in
operation before January 1, 1968, and operating only within the Boundary
Line.''.
SEC. 1134. <<NOTE: 46 USC 3703 note.>> EXISTING TANK VESSEL RESEARCH.
(a) Funding.--The Secretary of Transportation shall take steps to
allocate funds appropriated for research, development, testing, and
evaluation, including the combination of funds from any source available
and authorized for this purpose, to ensure that any Government-sponsored
project intended to evaluate double hull
[[Page 110 STAT. 3986]]
alternatives that provide equal or greater protection to the marine
environment, or interim solutions to remediate potential environmental
damage resulting from oil spills from existing tank vessels, commenced
prior to the date of enactment of this section, is fully funded for
completion by the end of fiscal year 1997. Any vessel construction or
repair necessary to carry out the purpose of this section must be
performed in a shipyard located in the United States.
(b) Use of Public Vessels.--The Secretary may provide vessels owned
by, or demise chartered to, and operated by the Government and not
engaged in commercial service, without reimbursement, for use in and the
support of projects sponsored by the Government for research,
development, testing, evaluation, and demonstration of new or improved
technologies that are effective in preventing or mitigating oil
discharges and protecting the environment.
SEC. 1135. PLAN FOR THE ENGINEERING, DESIGN, AND RETROFITTING OF
THE ICEBREAKER MACKINAW.
(a) In General.--Not later than May 1, 1997, the Secretary of the
department in which the Coast Guard is operating shall submit to the
Committees a plan and cost estimate for the engineering, design, and
retrofitting of the icebreaker MACKINAW (WAGB-83) to equip the vessel
with new engines, command and control features, habitability
improvements, and other features needed to allow operation of the vessel
by a significantly reduced crew, including 24-hour continuous operation
when necessary.
(b) Committees Defined.--In subsection (a), the term ``Committees''
means the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 1136. CROSS-BORDER FINANCING.
(a) Documentation of Vessels Owned by Trusts.--Section 12102 of
title 46, United States Code, is amended by adding at the end the
following new subsection:
``(d)(1) For the issuance of a certificate of documentation with
only a registry endorsement, subsection (a)(2)(A) of this section does
not apply to a beneficiary of a trust that is qualified under paragraph
(2) of this subsection if the vessel is subject to a charter to a
citizen of the United States.
``(2)(A) Subject to subparagraph (B) of this paragraph, a trust is
qualified under this paragraph with respect to a vessel only if--
``(i) each of the trustees is a citizen of the United
States; and
``(ii) the application for documentation of the vessel
includes the affidavit of each trustee stating that the trustee
is not aware of any reason involving a beneficiary of the trust
that is not a citizen of the United States, or involving any
other person that is not a citizen of the United States, as a
result of which the beneficiary or other person would hold more
than 25 percent of the aggregate power to influence or limit the
exercise of the authority of the trustee with respect to matters
involving any ownership or operation of the vessel that may
adversely affect the interests of the United States.
``(B) If any person that is not a citizen of the United States has
authority to direct or participate in directing a trustee for
[[Page 110 STAT. 3987]]
a trust in matters involving any ownership or operation of the vessel
that may adversely affect the interests of the United States or in
removing a trustee for a trust without cause, either directly or
indirectly through the control of another person, the trust is not
qualified under this paragraph unless the trust instrument provides that
persons who are not citizens of the United States may not hold more than
25 percent of the aggregate authority to so direct or remove a trustee.
``(3) Paragraph (2) of this subsection shall not be considered to
prohibit a person who is not a citizen of the United States from holding
more than 25 percent of the beneficial interest in a trust.
``(4) If a person chartering a vessel from a trust that is qualified
under paragraph (2) of this subsection is a citizen of the United States
under section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802), then the
vessel is deemed to be owned by a citizen of the United States for
purposes of that section and related laws, except for subtitle B of
title VI of the Merchant Marine Act, 1936.''.
(b) Approval of Certain Vessel Transactions Before Documentation of
the Vessel.--Section 9 of the Shipping Act, 1916 (46 App. U.S.C. 808) is
amended by adding at the end the following new subsection:
``(e) To promote financing with respect to a vessel to be documented
under chapter 121 of title 46, United States Code, the Secretary may
grant approval under subsection (c) before the date the vessel is
documented.''.
(c) Trust <<NOTE: 46 USC app. 1187 note.>> Charterers.--
Notwithstanding section 12102(d)(4) of title 46, United States Code, as
amended by this section, for purposes of subtitle B of title VI of the
Merchant Marine Act, 1936 a vessel is deemed to be owned and operated by
a citizen of the United States (as that term is used in that subtitle)
if--
(1) the person chartering the vessel from a trust under
section 12102(d)(2) of that title is a citizen of the United
States under section 2 of the Shipping Act, 1916 (46 App. U.S.C.
802); and
(2)(A) the vessel--
(i) is delivered by a shipbuilder, following
completion of construction, on or after May 1, 1995 and
before January 31, 1996; or
(ii) is owned by a citizen of the United States
under section 2 of the Shipping Act, 1916 on September
1, 1996, or is a replacement for such a vessel; or
(B) payments have been made with respect to the vessel under
subtitle B of title VI of the Merchant Marine Act, 1936 for at
least 1 year.
(d) Indirect <<NOTE: 46 USC app. 1187 note.>> Vessel Owners.--
Notwithstanding any other provision of law, for purposes of subtitle B
of title VI of the Merchant Marine Act, 1936 the following vessels are
deemed to be owned and operated by a citizen of the United States (as
that term is used in that subtitle) if the vessels are owned, directly
or indirectly, by a person that is a citizen of the United States under
section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802):
(1) Any vessel constructed under a shipbuilding contract
signed on December 21, 1995, and having hull number 3077, 3078,
3079, or 3080.
[[Page 110 STAT. 3988]]
(2) Any vessel delivered by a shipbuilder, following
completion of construction, on or after May 1, 1995, and before
January 31, 1996.
(3) Any vessel owned on September 1, 1996, by a person that
is a citizen of the United States under section 2 of the
Shipping Act, 1916, or a replacement for such a vessel.
(4) Any vessel with respect to which payments have been made
under subtitle B of title VI of the Merchant Marine Act, 1936
for at least 1 year.
SEC. 1137. <<NOTE: 46 USC app. 1187 note.>> VESSEL STANDARDS.
(a) Certificate of Inspection.--A vessel used to provide
transportation service as a common carrier which the Secretary of
Transportation determines meets the criteria of section 651(b) of the
Merchant Marine Act, 1936, but which on the date of enactment of this
Act is not a documented vessel (as that term is defined in section 2101
of title 46, United States Code), shall be eligible for a certificate of
inspection if the Secretary determines that--
(1) the vessel is classed by and designed in accordance with
the rules of the American Bureau of Shipping or another
classification society accepted by the Secretary;
(2) the vessel complies with applicable international
agreements and associated guidelines, as determined by the
country in which the vessel was documented immediately before
becoming a documented vessel (as defined in that section); and
(3) that country has not been identified by the Secretary as
inadequately enforcing international vessel regulations as to
that vessel.
(b) Continued Eligibility for Certificate.--Subsection (a) does not
apply to a vessel after any date on which the vessel fails to comply
with the applicable international agreements and associated guidelines
referred to in subsection (a)(2).
(c) Reliance on Classification Society.--
(1) In general.--The Secretary may rely on a certification
from the American Bureau of Shipping or, subject to paragraph
(2), another classification society accepted by the Secretary to
establish that a vessel is in compliance with the requirements
of subsections (a) and (b).
(2) Foreign classification society.--The Secretary may
accept certification from a foreign classification society under
paragraph (1) only--
(A) to the extent that the government of the foreign
country in which the society is headquartered provides
access on a reciprocal basis to the American Bureau of
Shipping; and
(B) if the foreign classification society has
offices and maintains records in the United States.
SEC. 1138. VESSELS SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
(a) In General.--Section 3 of the Maritime Drug Law Enforcement Act
(46 App. U.S.C. 1903) is amended--
(1) in subsection (c)(2) by striking ``and'' after the
semicolon in subparagraph (A), by striking the period at the end
of subparagraph (B) and inserting ``; and'', and by adding at
the end the following new subparagraph:
[[Page 110 STAT. 3989]]
``(C) a vessel aboard which the master or person in
charge makes a claim of registry and the claimed nation
of registry does not affirmatively and unequivocally
assert that the vessel is of its nationality.'';
(2) in subsection (c)(1) by striking ``and may be'' and
inserting ``and is conclusively'';
(3) in subsection (c)(2) by striking ``nation may be'' and
inserting ``nation is conclusively'';
(4) in subsection (d) by inserting before the first sentence
the following: ``Any person charged with a violation of this
section shall not have standing to raise the claim of failure to
comply with international law as a basis for a defense.''; and
(5) by adding at the end of subsection (f) the following:
``Jurisdiction of the United States with respect to vessels
subject to this chapter is not an element of any offense. All
jurisdictional issues arising under this chapter are preliminary
questions of law to be determined solely by the trial judge.''.
(b) Conforming Amendment.--Subsection (c) of such section is amended
by inserting ``or (C)'' after ``under subparagraph (A)''.
SEC. 1139. <<NOTE: 46 USC app. 1273 note.>> REACTIVATION OF CLOSED
SHIPYARDS.
(a) In General.--The Secretary may issue a guarantee or a commitment
to guarantee obligations under title XI of the Merchant Marine Act, 1936
(46 App. U.S.C. 1271 et seq.), upon such terms as the Secretary may
prescribe, to assist in the reactivation and modernization of any
shipyard in the United States that is closed on the date of the
enactment of this Act, if the Secretary finds that--
(1) the closed shipyard historically built military vessels
and responsible entities now seek to reopen it as an
internationally competitive commercial shipyard;
(2)(A) the closed shipyard has been designated by the
President as a public-private partnership project; or
(B) has a reuse plan approved by the Navy in which
commercial shipbuilding and repair are primary activities and
has a revolving economic conversion fund approved by the
Department of Defense; and
(3) the State in which the shipyard is located, and each
other involved State, or a State-chartered agency, is making a
significant financial investment in the overall cost of
reactivation and modernization as its contribution to the
reactivation and modernization project, in addition to the funds
required by subsection (d)(2) of this section.
(b) Waivers.--Notwithstanding any other provision of title XI of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), the Secretary
shall not apply the requirements of section 1104A(d) of that Act when
issuing a guarantee or a commitment to guarantee an obligation under
this section.
(c) Conditions.--The Secretary shall impose such conditions on the
issuance of a guarantee or a commitment to guarantee under this section
as are necessary to protect the interests of the United States from the
risk of a default. The Secretary shall consider the interdependency of
such shipyard modernization and reactivation projects and related vessel
loan guarantee requests pending under title XI of the Merchant Marine
Act, 1936 (46 App.
[[Page 110 STAT. 3990]]
U.S.C. 1271 et seq.) before issuing a guarantee or a commitment to
guarantee under this section.
(d) Funding Provisions.--
(1) The Secretary may not guarantee or commit to guarantee
obligations under this section that exceed $100,000,000 in the
aggregate.
(2) The amount of appropriated funds required by the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a et seq.) in advance of
the Secretary's issuance of a guarantee or a commitment to
guarantee under this section shall be provided by the State in
which the shipyard is located, and other involved States, or by
a State-chartered agency, and deposited by the Secretary in the
financing account established under the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a et seq.) for loan guarantees issued
by the Secretary under title XI of the Merchant Marine Act of
1936 (46 App. U.S.C. 1271 et seq.). No federally appropriated
funds shall be available for this purpose. The funds deposited
into that financing account shall be held and applied by the
Secretary in accordance with the provisions of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a et seq.), except that,
unless the Secretary shall have earlier paid an obligee or been
required to pay an obligee pursuant to the terms of a loan
guarantee, the funds deposited in that financing account shall
be returned, upon the expiration of the Secretary's loan
guarantee, to the State, States, or State-chartered agency which
originally provided the funds to the Secretary.
(3) Notwithstanding the provisions of any other law or
regulation, the cost (as that term is defined by the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a et seq.)) of a
guarantee or commitment to guarantee issued under this section--
(A) may only be determined with reference to the
merits of the specific closed shipyard reactivation
project which is the subject of that guarantee or
commitment to guarantee, without reference to any other
project, type of project, or averaged risk; and
(B) may not be used in determining the cost of any
other project, type of project, or averaged risk
applicable to guarantees or commitments to guarantee
issued under title XI of the Merchant Marine Act, 1936
(46 App. U.S.C. 1271 et seq.).
(e) Sunset.--No commitment to guarantee obligations under this
section shall be issued by the Secretary after one year after the date
of enactment of this section.
(f) Definition.--As used in this section, the term ``Secretary''
means the Secretary of Transportation.
SEC. 1140. <<NOTE: Rhode Island.>> SAKONNET POINT LIGHT.
Notwithstanding any other provision of law, any action in admiralty
brought against a private nonprofit organization (including any officer,
director, employee, or agent of such organization) for damages or
injuries resulting from an incident occurring after the date of
enactment of this Act, and arising from the operation, maintenance, or
malfunctioning of an aid to navigation operated by the Coast Guard on or
within property or a structure owned by such nonprofit organization at
Sakonnet Point, Little Compton,
[[Page 110 STAT. 3991]]
Rhode Island, shall be determined exclusively according to the law of
the State in which such property or structure is located.
SEC. 1141. DREDGING OF RHODE ISLAND WATERWAYS.
The Chief of Engineers of the Army Corps of Engineers, in
conjunction with the Secretary of Transportation and other relevant
agencies, shall--
(1) review the report of the commission convened by the
Governor of Rhode Island on dredging Rhode Island waterways; and
(2) not later than 120 days after the date of enactment of
this section, submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives any
recommendations that the Chief of Engineers may have concerning
the feasibility and environmental effects of the dredging.
SEC. 1142. INTERIM PAYMENTS.
(a) Damages for Loss of Profits or Impairment of Earning Capacity.--
Section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705) is
amended by--
(1) in the title inserting ``; PARTIAL PAYMENT OF CLAIMS''
before the period; and
(2) adding at the end of subsection (a) the following: ``The
responsible party shall establish a procedure for the payment or
settlement of claims for interim, short-term damages. Payment or
settlement of a claim for interim, short-term damages
representing less than the full amount of damages to which the
claimant ultimately may be entitled shall not preclude recovery
by the claimant for damages not reflected in the paid or settled
partial claim.''.
(b) Clarification of Claims Procedure.--Section 1013(d) of the Oil
Pollution Act of 1990 (33 U.S.C. 2713(d)) is amended by striking
``section'' and inserting the following: ``section, including a claim
for interim, short-term damages representing less than the full amount
of damages to which the claimant ultimately may be entitled,''.
(c) Advertisement.--Section 1014(b) of the Oil Pollution Act of 1990
(33 U.S.C. 2714(b)) is amended--
(1) by inserting ``(1)'' before ``If''; and
(2) by adding at the end the following new paragraph:
``(2) An advertisement under paragraph (1) shall state that a
claimant may present a claim for interim, short-term damages
representing less than the full amount of damages to which the claimant
ultimately may be entitled and that payment of such a claim shall not
preclude recovery for damages not reflected in the paid or settled
partial claim.''.
(d) Clarification of Subrogation.--Section 1015(a) of the Oil
Pollution Act of 1990 (33 U.S.C. 2715(a)) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Interim Damages.--
``(1) In <<NOTE: Applicability.>> general.--If a responsible
party, a guarantor, or the Fund has made payment to a claimant
for interim, short-term damages representing less than the full
amount of damages to which the claimant ultimately may be
entitled, subroga-
[[Page 110 STAT. 3992]]
tion under subsection (a) shall apply only with respect to the
portion of the claim reflected in the paid interim claim.
``(2) Final damages.--Payment of such a claim shall not
foreclose a claimant's right to recovery of all damages to which
the claimant otherwise is entitled under this Act or under any
other law.''.
SEC. 1143. OIL SPILL INFORMATION.
Section 311 of the Federal Water Pollution Control Act (33 U.S.C.
1321) is amended--
(1) in subsection (j)(2)(A) by inserting after ``paragraph
(4),'' the following: ``and of information regarding previous
spills, including data from universities, research institutions,
State governments, and other nations, as appropriate, which
shall be disseminated as appropriate to response groups and area
committees, and''; and
(2) in subsection (j)(4)(C)(v) by inserting before
``describe'' the following: ``compile a list of local
scientists, both inside and outside Federal Government service,
with expertise in the environmental effects of spills of the
types of oil typically transported in the area, who may be
contacted to provide information or, where appropriate,
participate in meetings of the scientific support team convened
in response to a spill, and''.
SEC. 1144. COMPLIANCE WITH OIL SPILL RESPONSE PLANS.
Section 311(c)(3)(B) of the Federal Water Pollution Control Act (33
U.S.C. 1321(c)(3)(B)) is amended by striking ``President'' and inserting
``President, except that the owner or operator may deviate from the
applicable response plan if the President or the Federal On-Scene
Coordinator determines that deviation from the response plan would
provide for a more expeditious or effective response to the spill or
mitigation of its environmental effects''.
SEC. 1145. <<NOTE: Wisconsin.>> BRIDGE DEEMED TO UNREASONABLY OBSTRUCT
NAVIGATION.
The Sooline & Milwaukee Road Swing Bridge, located in Oshkosh,
Wisconsin, is deemed to unreasonably obstruct navigation for purposes of
the Act of June 21, 1940 (popularly known as the Hobbs Bridge Act; 33
U.S.C. 511 et seq.).
SEC. 1146. FISHING VESSEL EXEMPTION.
(a) In General.--Chapter 81 of title 46, United States Code, is
amended by adding at the end the following new section:
``Sec. 8105. Fishing <<NOTE: Applicability.>> vessel exemption
``Notwithstanding any other provision of law, neither the
International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978, nor any amendment to such convention,
shall apply to a fishing vessel, including a fishing vessel used as a
fish tender vessel.''.
[[Page 110 STAT. 3993]]
(b) Clerical Amendment.--The table of sections for chapter 81 of
title 46, United States Code, is amended by adding at the end the
following:
``8105. Fishing vessel exemption.''.
Approved October 19, 1996.
LEGISLATIVE HISTORY--S. 1004 (H.R. 1361):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 104-106 accompanying H.R. 1361 (Comm. on
Transportation and Infrastructure) and 104-854 (Comm. of Conference).
SENATE REPORTS: No. 104-160 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD:
Vol. 141 (1995):
May 9, H.R. 1361 considered and
passed House.
Nov. 17, S. 1004 considered and
passed Senate.
Vol. 142 (1996):
Feb. 29, considered and passed
House, amended, in lieu of H.R.
1361.
Sept. 27, House agreed to conference
report.
Sept. 28, Senate agreed to
conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Oct. 19, Presidential statement.
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