Text: H.R.2459 — 101st Congress (1989-1990)All Information (Except Text)

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--H.R.2459--
H.R.2459
One Hundred First Congress of the United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday, the third day of January,
one thousand nine hundred and eighty-nine
An Act
To authorize appropriations for the Coast Guard for fiscal year 1990, and
for other
purposes.
 Be it enacted by the Senate and House of Representatives of the United
 States of America in Congress assembled,
SECTION 1. SHORT TITLE.
 This Act may be cited as the `Coast Guard Authorization Act of 1989'.
TITLE I--AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF FUNDS FOR FISCAL YEAR 1990.
 Funds are authorized to be appropriated for necessary expenses of the Coast
 Guard for fiscal year 1990, as follows:
 (1) OPERATION AND MAINTENANCE- For the operation and maintenance of the
 Coast Guard, $2,312,200,000.
 (2) ACQUISITION AND CONSTRUCTION- For the acquisition, construction,
 rebuilding, and improvement of aids to navigation, shore and offshore
 facilities, vessels, and aircraft, including related equipment, $746,300,000
 of which up to $20,000,000 shall be used to rehabilitate the Coast Guard
 Cutter Mackinaw, and additional sums as may be necessary to carry out the
 Coast Guard icebreaker ship program and the Coast Guard patrol boat program,
 to remain available until expended.
 (3) RESEARCH AND DEVELOPMENT- For research, development, test, and evaluation,
 $29,000,000, to remain available until expended.
 (4) RETIREMENT BENEFITS- 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, $420,800,000, to remain
 available until expended.
 (5) ALTERATION OR REMOVAL OF BRIDGES- For alteration or removal of bridges
 over navigable waters of the United States constituting obstructions to
 navigation, $2,300,000.
SEC. 102. AUTHORIZATION OF FUNDS FOR FISCAL YEAR 1991.
 Funds are authorized to be appropriated for necessary expenses of the Coast
 Guard for fiscal year 1991, as follows:
 (1) OPERATION AND MAINTENANCE- For the operation and maintenance of the
 Coast Guard, $2,381,500,000.
 (2) ACQUISITION AND CONSTRUCTION- For the acquisition, construction,
 rebuilding, and improvement of aids to navigation, shore and offshore
 facilities, vessels, and aircraft, including related equipment, $501,800,000,
 to remain available until expended.
 (3) RESEARCH AND DEVELOPMENT- For research, development, test, and evaluation,
 $29,000,000, to remain available until expended.
 (4) RETIREMENT BENEFITS- For retired pay, including the payment of obligations
 otherwise chargeable to lapsed appropriations for this purpose and payments
 under the Retired Serviceman's Family Protection and Survivor Benefit Plans,
 and for payments for medical care of retired personnel and their dependents
 under chapter 55 of title 10, United States Code, $451,200,000, to remain
 available until expended.
 (5) ALTERATION OR REMOVAL OF BRIDGES- For alteration or removal of bridges
 over navigable waters of the United States constituting obstructions to
 navigation, $7,500,000.
SEC. 103. AUTHORIZED LEVELS OF MILITARY STRENGTH AND MILITARY TRAINING FOR
FISCAL YEAR 1990.
 (a) ACTIVE DUTY PERSONNEL- As of September 30, 1990, the Coast Guard is
 authorized an end-of-year strength for active duty personnel of 38,750. This
 authorized strength does not include members of the Ready Reserve called
 to active duty under section 712 of title 14, United States Code.
 (b) STUDENT LOADS- For fiscal year 1990, the Coast Guard is authorized
 average military training student loads as follows:
 (1) RECRUIT AND SPECIAL TRAINING- For recruit and special training, 2,687
 student years.
 (2) FLIGHT TRAINING- For flight training, 110 student years.
 (3) PROFESSIONAL TRAINING- For professional training in military and civilian
 institutions, 390 student years.
 (4) OFFICER ACQUISITION- For officer acquisition, 900 student years.
SEC. 104. AUTHORIZED LEVELS OF MILITARY STRENGTH AND MILITARY TRAINING FOR
FISCAL YEAR 1991.
 (a) ACTIVE DUTY PERSONNEL- As of September 30, 1991, the Coast Guard is
 authorized an end-of-year strength for active duty personnel of 39,300. This
 authorized strength does not include members of the Ready Reserve called
 to active duty under section 712 of title 14, United States Code.
 (b) STUDENT LOADS- For fiscal year 1991, the Coast Guard is authorized
 average military training student loads as follows:
 (1) RECRUIT AND SPECIAL TRAINING- For recruit and special training, 2,787
 student years.
 (2) FLIGHT TRAINING- For flight training, 110 student years.
 (3) PROFESSIONAL TRAINING- For professional training in military and civilian
 institutions, 390 student years.
 (4) OFFICER ACQUISITION- For officer acquisition, 900 student years.
SEC. 105. MODIFICATION AND EXTENSION OF RULES OF ROAD ADVISORY COUNCIL AND
EXTENSION OF TOWING SAFETY ADVISORY COMMITTEE.
 (a) Rules of the Road Advisory Council-
 (1) MODIFICATION AND EXTENSION- Section 5 of the Inland Navigational Rules
 Act of 1980 (33 U.S.C. 2073) is amended as follows:
 (A) Subsection (a) is amended by striking `Rules of the Road Advisory Council'
 and inserting `Navigation Safety Advisory Council'.
 (B) Subsection (b) is amended to read as follows:
 `(b) The Council shall advise, consult with, and make recommendations to the
 Secretary on matters relating to the prevention of collisions, rammings,
 and groundings, including the Inland Rules of the Road, the International
 Rules of the Road, navigation regulations and equipment, routing measures,
 marine information, diving safety, and aids to navigation systems. Any
 advice or recommendation made by the Council to the Secretary shall reflect
 the independent judgment of the Council on the matter concerned. The Council
 shall meet at the call of the Secretary, but in any event not less than twice
 during each calendar year. All proceedings of the Council shall be public, and
 a record of the proceedings shall be made available for public inspection.'.
 (C) Subsection (d) is amended by striking `September 30, 1990' and inserting
 `September 30, 1995'.
 (2) REFERENCES- Each reference to the Rules of the Road Advisory Council in
 a law, regulation, order, document, record, or paper of the United States
 is deemed to be a reference to the Navigation Safety Advisory Council.
 (b) TOWING SAFETY COMMITTEE- Subsection (e) of the Act entitled `An
 Act to establish a Towing Safety Advisory Committee in the Department of
 Transportation', approved October 6, 1980 (33 U.S.C. 2131a(e)), is amended
 by striking `September 30, 1990' and inserting `September 30, 1995'.
SEC. 106. COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMITTEE APPOINTMENTS.
 Section 4508 of title 46, United States Code, is amended by adding at the
 end of subsection (b)(2) the following: `The Secretary may not seek or use
 information concerning the political affiliation of individuals in making
 appointments to the Committee.'
TITLE II--PROGRAMS
SEC. 201. TECHNICAL AMENDMENTS TO ACT TO PREVENT POLLUTION FROM SHIPS.
 The Act to Prevent Pollution from Ships (33 U.S.C. 1901-1912) is amended--
 (1) in section 6(c)(1), by striking `Annex V' and inserting `Annex I and
 Annex II';
 (2) in section 8(c)(1), by inserting `or of this Act' after `Convention'; and
 (3) in section 8(e)(2), by inserting `or of this Act' after `MARPOL Protocol'.
SEC. 202. TECHNICAL CORRECTIONS RELATING TO SAFEGUARDING MILITARY
WHISTLEBLOWERS.
 Section 1034 of title 10, United States Code, is amended--
 (1) in subsection (c)(1), by inserting `when the Coast Guard is not operating
 as a service in the Navy' immediately after `in the case of a member of
 the Coast Guard';
 (2) in subsection (c)(5), by inserting `(or to the Secretary of Transportation
 in the case of a member of the Coast Guard when the Coast Guard is not
 operating as a service in the Navy)' immediately after `to the Secretary
 of Defense';
 (3) in subsection (c)(6), by inserting `(or to the Secretary of Transportation
 in the case of a member of the Coast Guard when the Coast Guard is not
 operating as a service in the Navy)' immediately after `to the Secretary
 of Defense'; and
 (4) in the first sentence of subsection (e), by inserting `(except for
 a member or former member of the Coast Guard when the Coast Guard is not
 operating as a service in the Navy)' immediately after `former member of
 the armed forces'.
SEC. 203. MISCELLANEOUS PROVISIONS CONCERNING CONTINUITY OF GRADE, APPOINTMENT,
AND RETIREMENT OF COAST GUARD PERSONNEL.
 Title 14, United States Code, is amended--
 (1) in section 52, by inserting `or admiral' immediately after `to another
 position as a vice admiral';
 (2) in section 271(e), by inserting at the end of the first sentence,
 `except that advice and consent is not required for appointments under
 this section in the grade of lieutenant (junior grade) or lieutenant'
 immediately after `consent of the Senate';
 (3) in section 289(c), by striking `no less than 75 percent' and inserting
 `no less than 50 percent';
 (4) in section 736(c), by adding at the end of the following new sentence:
 `However, the Secretary may adjust the date of appointment--
 `(1) if a delay in the finding required under section 734(a) of this title
 is beyond the control of the officer and the officer is otherwise qualified
 for promotion; or
 `(2) for any other reason that equity requires.'; and
 (5) in section 741(a), by inserting `who have 18 years or more of service
 for retirement and are' after `in an active status' the third time it appears.
SEC. 204. AUTHORIZATION OF JUNIOR RESERVE OFFICERS TRAINING PROGRAM PILOT
PROGRAM.
 (a) IN GENERAL- The Secretary of the department in which the Coast Guard
 is operating (hereinafter in this section referred to as the `Secretary')
 may carry out a pilot program to establish and maintain a junior reserve
 officers training program in cooperation with the Dade County Public
 School System of Dade County, Florida, as part of the Maritime and Science
 Technology Academy established by that school system (hereinafter in this
 section referred to as the `Academy').
 (b) PROGRAM REQUIREMENTS- A pilot program carried out by the Secretary
 under this section--
 (1) shall be known as the `Claude Pepper Junior Reserve Officers Training
 Program', and
 (2) shall provide to students at the Academy--
 (A) instruction in subject areas relating to operations of the Coast
 Guard; and
 (B) training in skills which are useful and appropriate for a career in
 the Coast Guard.
 (c) PROVISION OF ADDITIONAL SUPPORT- To carry out a pilot program under
 this section, the Secretary may provide to the Academy--
 (1) assistance in course development, instruction, and other support
 activities;
 (2) commissioned, warrant, and petty officers of the Coast Guard to serve
 as administrators and instructors; and
 (3) necessary and appropriate course materials, equipment, and uniforms.
 (d) Employment of Retired Coast Guard Personnel-
 (1) IN GENERAL- Subject to paragraph (2) of this subsection, the Secretary
 may authorize the Academy to employ as administrators and instructors for
 the pilot program retired Coast Guard and Coast Guard Reserve commissioned,
 warrant, and petty officers who request that employment and who are approved
 by the Secretary and the Academy.
 (2) AUTHORIZED PAY- (A) Retired members employed under paragraph (1) of
 this subsection are entitled to receive their retired or retainer pay and
 an additional amount of not more than the difference between--
 (i) the amount the individual would be paid as pay and allowance if they
 were considered to have been ordered to active duty during that period of
 employment; and
 (ii) the amount of retired pay the individual is entitled to receive during
 that period.
 (B) The Secretary shall pay to the Academy an amount equal to one half
 of the amount described in subparagraph (A) of this paragraph, from funds
 appropriated for that purpose.
 (C) Notwithstanding any other law, while employed under this subsection, an
 individual is not considered to be on active duty or inactive duty training.
SEC. 205. LIMITATIONS ON CONTRACTING OF COAST GUARD SERVICES.
 Notwithstanding any other provision of law, an officer or employee of the
 United States may not enter into a contract for procurement of performance
 of any function being performed by Coast Guard personnel as of January 1,
 1989, before--
 (1) a study has been performed by the Secretary of Transportation under
 the Office of Management and Budget Circular A-76 with respect to that
 procurement;
 (2) the Secretary of Transportation has performed a study, in addition to the
 study required by paragraph (1) of this subsection, to determine the impact
 of that procurement on the multimission capabilities of the Coast Guard; and
 (3) copies of the studies required by paragraphs (1) and (2) of this
 subsection are submitted to the Committee on Merchant Marine and Fisheries
 of the House of Representatives and the Committee on Commerce, Science,
 and Transportation of the Senate.
SEC. 206. LOCAL HIRE.
 (a) IN GENERAL- Chapter 17 of title 14, United States Code, is amended by
 adding at the end the following new section:
`Sec. 666. Local hire
 `(a) Notwithstanding any other law, each contract awarded by the Coast
 Guard for construction or services to be performed in whole or in part in
 a State that has an unemployment rate in excess of the national average
 rate of unemployment (as determined by the Secretary of Labor) shall
 include a provision requiring the contractor to employ, for the purpose
 of performing that portion of the contract in that State, individuals who
 are local residents and who, in the case of any craft or trade, possess
 or would be able to acquire promptly the necessary skills. The Secretary
 of Transportation may waive the requirements of this subsection in the
 interest of national security or economic efficiency.
 `(b) LOCAL RESIDENT DEFINED- As used in this section, `local resident' means
 a resident of, or an individual who commutes daily to, a State described
 in subsection (a).'.
 (b) CLERICAL AMENDMENT- The analysis for chapter 17 of title 14, United
 States Code, is amended by adding at the end the following:
`666. Local hire.'.
SEC. 207. REPORT ON CONTROL OF EXOTIC SPECIES.
 (a) IN GENERAL- Not later than 6 months after the date of enactment of
 this Act, the Secretary of Transportation shall submit to the Congress a
 report on the options available to control the infestation of the waters of
 the United States, including the Great Lakes, by exotic species from the
 ballast water of vessels operating on the waters of the United States. In
 preparing this report, the Secretary shall consult with the Secretary of
 the Interior, the Secretary of Commerce, the Great Lakes Fishery Commission,
 and other appropriate parties.
 (b) EXOTIC SPECIES DEFINED- In this section `exotic species' means nonnative
 fish, mollusks, crustaceans, zooplankton, and other aquatic organisms,
 other than sea lampreys.
SEC. 208. LAW ENFORCEMENT SURVEILLANCE.
 Not later than 6 months after the date of the enactment of this Act, the
 Secretary of Transportation shall--
 (1) submit a report to the Congress that identifies--
 (A) the needs for outfitting existing Coast Guard aircraft with surveillance
 and reconnaissance equipment to assist in the conduct of law enforcement
 activities; and
 (B) the cost of that equipment; and
 (2) in cooperation with the Secretary of Defense, establish and submit to
 the Congress a plan for closing existing gaps in radar coverage along the
 coastline of the United States on the Gulf of Mexico and the coastline of
 the southeastern United States on the Atlantic Ocean.
SEC. 209. NUMBERING OF VESSELS.
 Section 2101 of title 46, United States Code, is amended by inserting after
 paragraph (17) the following:
 `(17a) `numbered vessel' means a vessel for which a number has been issued
 under chapter 123 of this title.'.
SEC. 210. CONSTRUCTIVE SEIZURE PROCEDURES.
 Not later than 6 months after the date of enactment of this Act, the Secretary
 of Transportation and the Secretary of the Treasury, in order to avoid the
 devastating economic effects on innocent owners of seizures of their vessels,
 shall develop a procedure for constructive seizure of vessels of the United
 States engaged in commercial service as defined in section 2101 of title
 46, United States Code, that are suspected of being used for committing
 violations of law involving personal use quantities of controlled substances.
SEC. 211. USER FEES REPORT CLARIFICATION.
 Section 664(c) of title 14, United States Code, is amended as follows:
 (1) in paragraph (1) by striking `collected stating--' and substituting
 `collected under any law stating--'; and
 (2) in paragraph (2) by inserting `under any law' after `collected' the
 first time it appears.
SEC. 212. BOARD FOR THE CORRECTION OF MILITARY RECORDS.
 Not later than 6 months after the date of the enactment of this Act, the
 Secretary of Transportation shall--
 (1) amend part 52 of title 33, Code of Federal Regulations, governing the
 proceedings of the board established by the Secretary under section 1552
 of title 10, United States Code, to ensure that a complete application for
 correction of military records is processed expeditiously and that final
 action on the application is taken within 10 months of its receipt; and
 (2) appoint and maintain a permanent staff, and a panel of civilian officers
 or employees to serve as members of the board, which are adequate to ensure
 compliance with paragraph (1) of this subsection.
SEC. 213. CONSIDERATION OF MARITIME ADMINISTRATION VESSELS.
 Before acquiring a vessel for use by the Coast Guard, the Secretary of
 Transportation or the Commandant of the Coast Guard, as appropriate, shall
 review the inventory of vessels acquired by the Secretary or the Secretary
 of Commerce as the result of a default under title XI of the Merchant Marine
 Act, 1936 (46 App. U.S.C. 1271-1279c), to determine whether any of those
 vessels are suitable for use by the Coast Guard.
SEC. 214. REQUIREMENT TO REPORT SEXUAL OFFENSES.
 (a) IN GENERAL- Chapter 101 of title 46, United States Code is amended by:
 (1) deleting section 10104; and
 (2) adding the following new section:
`Sec. 10104. Requirement to report sexual offenses
 `(a) A master or other individual in charge of a documented vessel shall
 report to the Secretary a complaint of a sexual offense prohibited under
 chapter 109A of title 18, United States Code.
 `(b) A master or other individual in charge of a documented vessel who
 knowingly fails to report in compliance with this section is liable to the
 United States Government for a civil penalty of not more than $5,000.'.
 (b) CLERICAL AMENDMENT- The analysis for chapter 101 of title 46, United
 States Code, is amended by striking, `10104. Regulations.' and inserting
 `10104. Requirement to report sexual offenses.'.
SEC. 215. LIMITATION ON VESSEL TRANSFER FROM GULFPORT, MISSISSIPPI.
 The Secretary of Transportation shall not transfer the Coast Guard cutter
 ACUSHNET from Gulfport, Mississippi, until at least two Coast Guard patrol
 boats are based permanently in Gulfport.
SEC. 216. CONSIDERATION OF DEPARTMENT OF DEFENSE HOUSING FOR COAST GUARD.
 Notwithstanding any other provision of law, the Coast Guard is deemed to
 be an instrumentality within the Department of Defense for the purposes
 of section 204(b) of the Defense Authorization Amendments and Base Closure
 and Realignment Act (10 U.S.C. 2687).
SEC. 217. PROHIBITION AGAINST REDUCTION IN SERVICES.
 The Secretary of Transportation may not reduce expenditures in fiscal year
 1990 or fiscal year 1991 for Coast Guard services other than drug law
 enforcement to increase drug law enforcement unless the Secretary first
 notifies the Committee on Commerce, Science, and Transportation of the
 Senate and the Committee on Merchant Marine and Fisheries of the House of
 Representatives 30 days prior to any reduction, except that nothing in this
 section shall be construed to reduce the Coast Guard's ability to respond to
 interdiction opportunities that may arise in the course of normal activities.
SEC. 218. COST OF SECURITY AT KENNEBUNKPORT, MAINE.
 Not later than 6 months after the date of enactment of this Act, the
 Secretary of Transportation shall--
 (1) submit a report to the Committee on Commerce, Science, and Transportation
 of the Senate and the Committee on Merchant Marine and Fisheries of the
 House of Representatives that identifies the costs incurred by the Coast
 Guard and any reallocation of assets or personnel that would have been
 used for search and rescue of law enforcement operations, as a result of
 providing security at Kennebunkport, Maine; and
 (2) actively seek reimbursement of those costs from the Secretary of Treasury.
SEC. 219. VESSEL TRAFFIC SERVICE RESTORATION.
 The Secretary of the department in which the Coast Guard is operating shall
 reestablish a vessel traffic service on the Lower Mississippi River in New
 Orleans, and shall continue operation of the New York Harbor area and other
 existing vessel traffic service systems.
SEC. 220. SEARCH AND RESCUE SATELLITE SYSTEM.
 (a)(1) The Secretary of Transportation shall take such action as may be
 necessary to upgrade the ground segment of the Search and Rescue Satellite
 Aided Tracking system (hereafter in this section referred to as `SARSAT').
 (2) In carrying out this section, the Secretary of Transportation shall
 establish not less than 5 SARSAT ground stations for the purpose of providing
 adequate coverage of the United States area of search and rescue for which
 it has responsibility under the program known as `COSPAS-SARSAT'. In
 establishing such stations, the Secretary, after consultation with the
 satellite search and rescue offices of the Coast Guard, the National Oceanic
 and Atmospheric Administration, the Air Force, the National Aeronautics and
 Space Administration, and the SARSAT Program Steering Group, shall locate
 the stations in the most optimum sites to assure complete coverage of the
 search and rescue areas for which the United States is responsible.
 (b) The Secretary of Commerce, acting through the National Oceanic and
 Atmospheric Administration, shall administer the SARSAT ground stations. Such
 administration shall be carried out in consultation with the Secretary of
 Transportation and the Secretary of Defense.
 (c) For the purpose of carrying out the provisions of subsection (a) of
 this section, there is authorized to be appropriated $5,300,000. Moneys
 appropriated pursuant to this subsection shall remain available until
 expended.
SEC. 221. BOSTON LIGHT STATION.
 (a) The Congress finds and declares the following:
 (1) The Boston Light Station (hereafter in this section referred to as the
 `Boston Light') on Little Brewster Island, Boston Harbor, Massachusetts,
 is the Nation's oldest lighthouse station.
 (2) The Boston Light is a National Historic Landmark and Little Brewster
 Island is listed in the National Register of Historic Places. As such,
 they should be administered and maintained in a way that preserves for
 public enjoyment and appreciation their special historic character.
 (3) Continued manned operation of the Boston Light will preserve its special
 historic character. Any proposal to automate or modernize Boston Light must
 be consistent with the provisions of sections 106 and 110 of the National
 Historic Preservation Act (16 U.S.C. 470f and 470h-2).
 (4) Efforts should be undertaken that will facilitate public access to,
 and enhance the public enjoyment and appreciation of, the Boston Light and
 Little Brewster Island.
 (b) The Boston Light shall be operated on a permanently manned basis. The
 amounts authorized to be appropriated under sections 101 and 102 include
 funds--
 (1) for maintenance of the keeper's house and of the Boston Lighthouse; and
 (2) to enhance public access to the Boston Light and Little Brewster Island,
 including making pier improvements on the island.
 (c) The Secretary of Transportation shall, in consultation with the Secretary
 of Interior, the Massachusetts Department of Environmental Management, the
 Massachusetts Historical Preservation Officer, appropriate local government
 entities, and private preservation groups, develop a strategy to implement
 policies regarding the ownership, maintenance, staffing, and use of the
 Boston Light. The strategy shall propose ways--
 (1) to provide improved public access to the Boston Light and Little Brewster
 Island; and
 (2) to ensure that the special historic character of the Boston Light will
 be preserved, with the continuing presence of Coast Guard personnel, so as
 to provide the best possible public enjoyment and appreciation.
SEC. 222. COAST GUARD ENVIRONMENTAL COMPLIANCE AND RESTORATION PROGRAM.
 (a) ENVIRONMENTAL COMPLIANCE AND RESTORATION PROGRAM- Title 14, United States
 Code, is amended by adding the following new chapter 19 after chapter 17:
`CHAPTER 19--ENVIRONMENTAL COMPLIANCE AND RESTORATION PROGRAM
`Sec.
`690. Definitions.
`691. Environmental Compliance and Restoration Program.
`692. Environmental Compliance and Restoration Account.
`693. Annual Report to Congress.
`Sec. 690. Definitions
 `For the purposes of this chapter--
 `(1) `environment', `facility', `person', `release', `removal', `remedial',
 and `response' have the same meaning they have in section 101 of the
 Comprehensive Environmental Response, Compensation, and Liability Act
 (42 U.S.C. 9601);
 `(2) `hazardous substance' has the same meaning it has in section 101 of
 the Comprehensive Environmental Response, Compensation, and Liability Act
 (42 U.S.C. 9601), except that it also includes the meaning given `oil' in
 section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); and
 `(3) `pollutant' has the same meaning it has in section 502 of the Federal
 Water Pollution Control Act (33 U.S.C. 1362).
`Sec. 691. Environmental Compliance and Restoration Program
 `(a) The Secretary shall carry out a program of environmental compliance
 and restoration at current and former Coast Guard facilities.
 `(b) Program goals include:
 `(1) Identifying, investigating, and cleaning up contamination from hazardous
 substances and pollutants.
 `(2) Correcting other environmental damage that poses an imminent and
 substantial danger to the public health or welfare or to the environment.
 `(3) Demolishing and removing unsafe buildings and structures, including
 buildings and structures at former Coast Guard facilities.
 `(4) Preventing contamination from hazardous substances and pollutants at
 current Coast Guard facilities.
 `(c)(1) The Secretary shall respond to releases of hazardous substances
 and pollutants--
 `(A) at each Coast Guard facility the United States owns, leases, or
 otherwise possesses;
 `(B) at each Coast Guard facility the United States owned, leased, or
 otherwise possessed when the actions leading to contamination from hazardous
 substances or pollutants occurred; and
 `(C) on each vessel the Coast Guard owns or operates.
 `(2) Paragraph (1) of this subsection does not apply to a removal or remedial
 action when a potentially responsible person responds under section 122 of
 the Comprehensive Environmental Response, Compensation, and Liability Act
 (42 U.S.C. 9622).
 `(3) The Secretary shall pay a fee or charge imposed by a state authority for
 permit services for disposing of hazardous substances or pollutants from Coast
 Guard facilities to the same extent that nongovernmental entities are required
 to pay for permit services. This paragraph does not apply to a payment that
 is the responsibility of a lessee, contractor, or other private person.
 `(d) The Secretary may agree with another Federal agency for that agency
 to assist in carrying out the Secretary's responsibilities under this
 chapter. The Secretary may enter into contracts, cooperative agreements,
 and grant agreements with State and local governments to assist in carrying
 out the Secretary's responsibilities under this chapter. Services that may
 be obtained under this subsection include identifying, investigating, and
 cleaning up off-site contamination that may have resulted from the release
 of a hazardous substance or pollutant at a Coast Guard facility.
 `(e) Section 119 of the Comprehensive Environmental Response, Compensation,
 and Liability Act (42 U.S.C. 9619) applies to response action contractors
 that carry out response actions under this chapter. The Coast Guard shall
 indemnify response action contractors to the extent that adequate insurance
 is not generally available at a fair price at the time the contractor
 enters into the contract to cover the contractor's reasonable, potential,
 long-term liability.
`Sec. 692. Environmental Compliance and Restoration Account
 `(a) There is established for the Coast Guard an account known as the
 Coast Guard Environmental Compliance and Restoration Account. All sums
 appropriated to carry out the Coast Guard's environmental compliance and
 restoration functions under this chapter or another law shall be credited
 or transferred to the account and remain available until expended.
 `(b) Funds may be obligated or expended from the account to carry out the
 Coast Guard's environmental compliance and restoration functions under this
 chapter or another law.
 `(c) In proposing the budget for any fiscal year under section 1105 of title
 31, United States Code, the President shall set forth separately the amount
 requested for the Coast Guard's environmental compliance and restoration
 activities under this chapter or another law.
 `(d) Amounts recovered under section 107 of the Comprehensive Environmental
 Response, Compensation, and Liability Act (42 U.S.C. 9607) for the Secretary's
 response actions at current and former Coast Guard facilities shall be
 credited to the account.
`Sec. 693. Annual Report to Congress
 `(a) The Secretary shall submit to Congress a report each fiscal year
 describing the progress the Secretary has made during the preceding fiscal
 year in implementing this chapter.
 `(b) Each report shall include:
 `(1) A statement for each facility or vessel for which the Secretary
 is responsible under section 691(c) of this title where a release of a
 hazardous substance or pollutant has been identified.
 `(2) The status of response actions contemplated or undertaken at each
 facility.
 `(3) The specific cost estimates and budgetary proposals for response
 actions contemplated or undertaken at each facility.
 `(4) The total amount required to clean up contamination at all identified
 facilities.'.
 (b) TITLE ANALYSIS- The title analysis at the beginning of part I of title
 14, United States Code, is amended by adding after item 17:
690'.
 (c) PRIOR AUTHORIZATION REQUIREMENT- Section 662 of title 14, United States
 Code, is amended by adding the following new paragraph:
 `(5) For environmental compliance and restoration at Coast Guard facilities.'.
SEC. 223. BLOCK ISLAND SOUTHEAST LIGHTHOUSE PRESERVATION.
 (a) CONVEYANCE- (1) The Secretary of the department in which the Coast
 Guard is operating may convey, by any appropriate means, all right, title
 and interest of the United States in the Block Island Southeast Lighthouse
 to the Block Island Southeast Lighthouse Foundation (hereafter referred to
 as the `Foundation') of the town of New Shoreham, Rhode Island.
 (2) The purpose of this conveyance is to establish and maintain a
 nonprofit center for the public at the Block Island Southeast Lighthouse
 for interpretation and preservation of the culture of the United States
 Coast Guard and Block Island's maritime history.
 (3) The Secretary may not transfer the Block Island Southeast Lighthouse
 until the Foundation or the State of Rhode Island, acting on its behalf,
 requests from the Secretary that the transfer occur.
 (b) TERMS AND CONDITIONS- The conveyance shall be made--
 (1) without payment of consideration;
 (2) subject to the condition that if the property, or any part of the
 property, ceases to be used for the purpose of this section, title to all
 such property shall be deemed to have immediately reverted to the United
 States; and
 (3) subject to such other terms and conditions as the Secretary of the
 department in which the Coast Guard is operating may impose.
 (c) REQUIREMENTS- The conveyance shall include provisions necessary to
 assure that--
 (1) the light, antennae, sound signal, and associated equipment which are
 active aids to navigation shall continue to be operated and maintained by
 the United States;
 (2) the Foundation will not interfere or allow interference in any manner
 with navigational aids without written permission of the United States;
 (3) there is reserved to the United States the right to relocate, replace,
 or add any navigational aids, or make any changes on any portion of the
 property as may be necessary for navigation purposes;
 (4) the United States shall have the right, at any time, to enter the
 property without notice to maintain navigational aids; and
 (5) the United States shall have an easement for access to the property to
 maintain navigational aids.
 (d) PROPERTY DESCRIPTION- The Secretary of the department in which the Coast
 Guard is operating shall identify, describe, and determine the property to
 be conveyed under this section.
 (e) DEFINITION- For purposes of this section, `Block Island Southeast
 Lighthouse' means the lighthouse and attached keeper's dwelling, several
 ancillary buildings, a fog signal, and land (but not less than nine acres)
 necessary to carry out the purposes of this section located in the town of
 New Shoreham, Rhode Island.
 (f) STRATEGY- The Secretary of Transportation shall within six months
 of the date of enactment, in consultation with the Secretary of the
 Interior, appropriate state, local, and other governmental entities, and
 private preservation groups, develop a strategy regarding the ownership,
 maintenance, operation, and use of the Block Island Southeast Lighthouse
 that will preserve the special historic character of the Lighthouse and
 ensure public access. Any proposal must be consistent with the provisions
 of the National Historic Preservation Act (16 U.S.C. 470 et seq.), other
 applicable law, and efforts to interpret and preserve the material culture
 of the United States Coast Guard and Block Island's maritime history.
TITLE III--MISCELLANEOUS
SEC. 301. DOCUMENTATION OF VESSELS.
 (a) TECHNICAL AMENDMENTS- Chapter 121 of title 46, United States Code,
 is amended as follows:
 (1) Section 12101(b) is amended--
 (A) in paragraph (1), by striking `registry as' and inserting `registry
 endorsement as';
 (B) in paragraph (2), by striking `coastwise license' and inserting
 `coastwise endorsement';
 (C) in paragraph (3), by striking `Great Lakes license' and inserting
 `Great Lakes endorsement';
 (D) by repealing paragraph (4); and
 (E) by redesignating paragraph (5) as paragraph (4).
 (2) Section 12102 is amended--
 (A) in the matter preceding paragraph (1) of subsection (a)--
 (i) by inserting `that is' before `not', and
 (ii) by inserting `or is not titled in a State' after `foreign country';
 (B) by striking `(b)(1)' and inserting `(c)(1)';
 (C) in subsection (c)(1) (as redesignated by subparagraph (B)), by striking
 `fishery license' and inserting `fishery endorsement'; and
 (D) by repealing subsection (c).
 (3) Section 12103 is amended--
 (A) in subsection (a), by striking `of one of the types' and inserting
 `endorsed with one or more of the endorsements'; and
 (B) in subsection (b)--
 (i) by striking `(b)' and inserting `(b)(1)'; and
 (ii) by adding at the end the following new paragraph:
 `(2) The Secretary shall require each person applying to document a vessel
 to provide--
 `(A) the person's social security number; or
 `(B) for a person other than an individual--
 `(i) the person's taxpayer identification number; or
 `(ii) if the person does not have a taxpayer identification number, the
 social security number of an individual who is a corporate officer, general
 partner, or individual trustee of the person and who signs the application
 for documentation for the vessels.'.
 (4) Section 12104(2) is amended by striking `vessel license,' and inserting
 `endorsement,'.
 (5) Section 12105 is amended--
 (A) by amending subsection (a) to read as follows:
 `(a) A certificate of documentation may be endorsed with a registry
 endorsement.';
 (B) in subsection (b), by inserting `endorsement' after `registry';
 (C) by repealing subsections (c) and (d); and
 (D) in the catchline, by inserting `endorsements' after `Registry'.
 (6) Section 12106 is amended--
 (A) in subsection (a), by striking `A coastwise license or, as provided in
 section 12105(c) of this title, an appropriately endorsed registry, may be
 issued' and inserting `A certificate of documentation may be endorsed with
 a coastwise endorsement';
 (B) in subsection (b), by striking `coastwise license or an appropriately
 endorsed registry' and inserting `certificate of documentation with a
 coastwise endorsement';
 (C) in subsection (c), by striking `license' and inserting `endorsement';
 (D) by repealing subsection (d); and
 (E) in the catchline, by striking `licenses and registry' and inserting
 `endorsements'.
 (7) Section 12107 is amended--
 (A) in subsection (a), by striking `A Great Lakes license, or as provided
 in section 12105(c) of this title, an appropriately endorsed registry, may
 be issued' and inserting `A certificate of documentation may be endorsed
 with a Great Lakes endorsement';
 (B) by amending subsection (b) to read as follows:
 `(b) Subject to the laws of the United States regulating trade with Canada,
 only a vessel for which a certificate of documentation with a Great Lakes
 endorsement is issued may be employed on the Great Lakes and their tributary
 and connecting waters in trade with Canada.';
 (C) by repealing subsection (c); and
 (D) in the catchline, by striking `licenses and registry' and inserting
 `endorsements'.
 (8) Section 12108 is amended--
 (A) in subsection (a), by striking `A fishery license or, as provided in
 section 12105(c) of this title, an appropriately endorsed registry, may be
 issued' and inserting `A certificate of documentation may be endorsed with
 a fishery endorsement';
 (B) in subsection (a)(1), by striking `and';
 (C) in subsection (b), by striking `fishery license or an appropriately
 endorsed registry' and inserting `certificate of documentation with a
 fishery endorsement';
 (D) in subsection (C), by striking `license' and inserting `endorsement';
 (E) by repealing subsection (d); and
 (F) in the catchline, by striking `licenses and registry' and inserting
 `endorsements'.
 (9) Section 12109 is amended--
 (A) by striking subsection (a) and inserting the following:
 `(a) A certificate of documentation with a recreational endorsement may be
 issued for a vessel that is eligible for documentation.';
 (B) in subsection (b)--
 (i) by striking `licensed recreational vessel' and inserting `documented
 vessel with a recreational endorsement'; and
 (ii) by striking `Such' and inserting `A recreational';
 (C) by adding at the end the following new subsection:
 `(c) A documented vessel operating under a recreational endorsement may be
 operated only for pleasure.'; and
 (D) in the catchline, by striking `vessel licenses' and inserting
 `endorsements'.
 (10) Section 12110 is amended--
 (A) by amending subsection (a) to read as follows:
 `(a) A vessel may not be employed in a trade except a trade covered by the
 endorsement issued for that vessel.'; and
 (B) in subsection (c)--
 (i) by striking `certificate of documentation' and inserting `endorsement',
 (ii) by striking `recreational vessel' and inserting `vessel with a
 recreational endorsement', and
 (iii) by striking `except' and inserting `other than'.
 (11) Section 12112 is amended--
 (A) in subsection (a), by striking `an appropriate document' and inserting
 `a certificate of documentation with an appropriate endorsement'; and
 (B) in subsection (b), by striking `an appropriate' and inserting `a'.
 (12) The table of sections at the beginning of chapter 121 is amended by
 striking the entries for sections 12105 through 12109 and inserting the
 following:
`12105. Registry endorsements.
`12106. Coastwise endorsements.
`12107. Great Lakes endorsements.
`12108. Fishery endorsements.
`12109. Recreational endorsements.'.
 (b) DOCUMENTATION SURRENDER AND INVALIDATION- Section 12111(c)(3) of title
 46, United States Code, does not apply to a mortgage that--
 (1) was filed or recorded before January 1, 1989; and
 (2) was not a preferred mortgage (as that term is defined in section 31301(6)
 of that title) on that date.
SEC. 302. VESSEL IDENTIFICATION SYSTEMS.
 Chapter 125 of title 46, United States Code, is amended as follows:
 (1) Section 12501(b)(2) is amended to read as follows:
 `(2) identifying the owner of the vessel, including--
 `(A) the owner's social security number; or
 `(B) for an owner other than an individual--
 `(i) the owner's taxpayer identification number; or
 `(ii) if the owner does not have a taxpayer identification number, the
 social security number of an individual who is a corporate officer, general
 partner, or individual trustee of the owner and who signed the application
 for documentation or numbering for the vessel;'.
 (2) Section 12503(a)(2) is amended to read as follows:
 `(2) identifies the owner of the vessel, including by--
 `(A) the owner's social security number; or
 `(B) for an owner other than an individual--
 `(i) the owner's taxpayer identification number; or
 `(ii) if the owner does not have a taxpayer identification number, the
 social security number of an individual who is a corporate officer, general
 partner, or individual trustee of the owner and who signed the application
 for documentation or numbering for the vessel;'.
 (3) Section 12504 is amended by striking `Secretary, the Secretary
 of Transportation--' and inserting `Secretary of Transportation, the
 Secretary--'.
SEC. 303. COMMERCIAL INSTRUMENTS AND MARITIME LIENS.
 Chapter 313 of title 46, United States Code, is amended as follows:
 (1) Section 31306 is amended--
 (A) in subsection (a), by striking `When' and inserting `Except as provided
 by the Secretary of Transportation, when' and by striking `of Transportation';
 and
 (B) in subsection (c), by striking `An' and inserting `Except as provided
 by the Secretary, an'.
 (2) Section 31321(c) is amended--
 (A) by striking `that has not yet been documented,' and inserting `for
 which an application for documentation is filed,'; and
 (B) by striking `party whose name and address is stated on' and inserting
 `interested party to';
 (3) Section 31322 is amended--
 (A) by amending subsection (a)(2) to read as follows:
 `(2) Paragraph (1)(D) of this subsection does not apply to--
 `(A) a documented vessel that has a fisheries endorsement or a recreational
 endorsement, or both endorsements; or
 `(B) a vessel for which an application for documentation with a fisheries
 endorsement or a recreational endorsement, or both endorsements, has been
 filed.';
 (B) in subsection (d)(1), by striking `representing financing of a vessel
 under State law that is made under applicable State law' and inserting
 `granting a security interest perfected under State law'; and
 (C) in subsection (e) (1) and (2) by striking `the validity of the preferred
 mortgage' each place that phrase appears and inserting `the status of the
 preferred mortgage'.
 (4) Section 31325 is amended by amending subsections (b) and (c) to read
 as follows:
 `(b) On default of any term of the preferred mortgage, the mortgage may--
 `(1) enforce the perferred mortgage lien in a civil action in rem for
 a documented vessel, a vessel to be documented under chapter 121 of this
 title, or a foreign vessel; and
 `(2) enforce a claim for the outstanding indebtedness secured by the
 mortgaged vessel in--
 `(A) a civil action in personam in admiralty against the mortgagor, maker,
 comaker, or guarantor for the amount of the outstanding indebtedness or
 any deficiency in full payment of that indebtedness; and
 `(B) a civil action against the mortgagor, maker, comaker, or guarantor
 for the amount of the outstanding indebtedness or any deficiency in full
 payment of that indebtedness; and
 `(c) The district courts have original jurisdiction of a civil action brought
 under subsection (b) (1) or (2) of this section. However, for a documented
 vessel, a vessel to be documented under chapter 121 of this title, or a
 foreign vessel, this jurisdiction is exclusive of the courts of the States
 for a civil action brought under subsection (b)(1) of this section.'
 (5) Section 31341(a)(3) is amended by striking `mangement' and inserting
 `management'.
 (6) Section 31342 is amended--
 (A) by striking `A person providing necessaries to a vessel (except a public
 vessel) on the order of a person listed in section 31341 of this title'
 and inserting `(a) Except as provided in subsection (b) of this section,
 a person providing necessaries to a vessel on the order of the owner'; and
 (B) by adding the following new subsection (b) at the end:
 `(b) This section does not apply to a public vessel.'.
SEC. 304. AMENDMENTS TO THE SHIPPING ACT, 1916.
 (a) EXEMPTION FROM REQUIREMENT OF APPROVAL BY SECRETARY- Section 9 of the
 Shipping Act, 1916 (46 App. U.S.C. 808), is amended in subsection (c)(1)
 by inserting `or the last documentation of which was under the laws of the
 United States' before the semicolon at the end;
 (2) in subsection (c)(2) by inserting `, or a vessel the last documentation of
 which was under the laws of the United States,' after `a documented vessel';
 (3) in subsection (d) (1) and (2), by striking `or control in' and inserting
 `in or control of'; and
 (4) adding the following new paragraph:
 `(4) A person that charters, sells, transfers, or mortgages a vessel,
 or an interest in or control of a vessel, in violation of this section is
 liable to the United States Government for a civil penalty of not more than
 $10,000 for each violation.'.
 (b) REMISSION OF FORFEITURE- Section 38 of the Shipping Act, 1916 (46
 App. U.S.C. 836) is amended by striking `duties.' and inserting `duties,
 except that forfeitures may be remitted without seizure of the vessel.'.
SEC. 305. CIVIL PENALTY PROCEDURES.
 Chapter 3 of title 49, United States Code, is amended--
 (1) by adding at the end of subchapter II the following new section:
`Sec. 336. Civil penalty procedures
 `(a) After notice and an opportunity for a hearing, a person found by the
 Secretary of Transportation to have violated a provision of law that the
 Secretary carries out through the Maritime Administrator or the Commandant of
 the Coast Guard or a regulation prescribed under that law by the Secretary for
 which a civil penalty is provided, is liable to the United States Government
 for the civil penalty provided. The amount of the civil penalty shall be
 assessed by the Secretary by written notice. In determining the amount
 of the penalty, the Secretary shall consider the nature, circumstances,
 extent, and gravity of the prohibited acts committed and, with respect to
 the violator, the degree of culpability, any history of prior offenses,
 ability to pay, and other matters that justice requires.
 `(b) The Secretary may compromise, modify, or remit, with or without
 consideration, a civil penalty until the assessment is referred to the
 Attorney General.
 `(c) If a person fails to pay an assessment of a civil penalty after it has
 become final, the Secretary may refer the matter to the Attorney General
 for collection in an appropriate district court of the United States.
 `(d) The Secretary may refund or remit a civil penalty collected under this
 section if--
 `(1) application has been made for refund or remission of the penalty within
 one year from the date of payment; and
 `(2) the Secretary finds that the penalty was unlawfully, improperly,
 or excessively imposed.'; and
 (2) in the table of sections, by adding at the end the following:
`336. Civil penalty procedures.'.
SEC. 306. EXEMPTION OF CERTAIN FISHING INDUSTRY FROM INSPECTION REQUIREMENTS.
 Section 403(a) of Public Law 98-364 is amended by striking `1990' in the
 first sentence and inserting `1991'.
SEC. 307. LAWS REPEALED.
 The following laws are repealed:
 (1) Section 4172 of the Revised Statutes of the United States (46
 App. U.S.C. 41).
 (2) Section 8 of Public Law 96-376 (46 App. U.S.C. 382b-1).
 (3) Section 9(a) of the Shipping Act, 1916 (46 App. U.S.C. 808(a)).
 (4) Sections 15 and 34 of the Merchant Marine Act, 1920.
 (5) Section 701 of the Merchant Marine Act, 1928 (46 App. U.S.C. 891s).
 (6) Section 6 of the Act of June 16, 1933 (46 App. U.S.C. 891y).
 (7) Sections 201(b), 201(g), 510(h), 612, 804(c)(2), 805(e), 806(a), 807,
 1106, 1107, and 1109 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1111(b),
 1111(g), 1160(h), 1182, 1222(c)(2), 1223(e), 1224, 1225, 1276, 1279,
 and 1279b).
 (8) Section 402 of the Act of October 8, 1940 (46 App. U.S.C. 1155a).
 (9) Section 101 of the Act of June 25, 1958 (46 App. U.S.C. 1242-1).
 (10) Sections 3(b) and 9 of the Act of December 13, 1977 (46
 App. U.S.C. 1502(b) and 1508).
 (11) Sections 20(a), 21, and 22 of the Shipping Act of 1984 (46
 App. U.S.C. 1720).
 (12) Sections 3(b)-(f), 4, 5(a), (b), and (d), 6, 7, 8(a)-(c), 10, 11(b),
 12(b)-(e), and 13 of the Act of March 8, 1946 (50 App. U.S.C. 1736(b)-(f),
 1737, 1738(a), (b), and (d), 1739, 1740, 1741(a)-(c), 1743, 1744(b),
 1745(b)-(f), and 1746).
 (13) Section 2 of the Act of June 29, 1949 (50 App. U.S.C. 1738a).
 (14) The Act of September 21, 1959 (50 App. U.S.C. 1745a).
 (15) Sections 1-5 of the Act of March 21, 1945 (50 App. U.S.C. 1721-1725).
 (16) The Act of August 20, 1954 (50 App. U.S.C. 2391-2394).
 (17) Section 4377 of the Revised Statutes of the United States (46
 App. U.S.C. 325).
SEC. 308. COASTWISE DOCUMENTATION AND OPERATION.
 (a) DOCUMENTATION- Notwithstanding section 12106 of title 46, United States
 Code, and section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883),
 the Secretary of the department in which the Coast Guard is operating may
 issue a certificate of documentation endorsed with a coastwise endorsement
 for each of the following vessels:
 (1) Camelot (United States official number 536408);
 (2) Crili (United States official number 656976);
 (3) Da Warrior (Hawaiian Registration number HA 161 CP);
 (4) Harbor Exec (United States official number 563895);
 (5) Jamal (United States official number 611165);
 (6) Karlissa (United States official number 950453);
 (7) Lazy Jack (Maine Registration number ME9395G);
 (8) Magnum Force (United States official number 287968);
 (9) Terangi No. 2 (United States official number 572048);
 (10)  3/4  Time (United States official number 907962); and
 (11) Winddancer (United States official number 955031).
 (b) OPERATION- Notwithstanding section 27 of the Merchant Marine Act, 1920
 (46 App. U.S.C. 883), the submersible vessel PC-1501 may engage in the
 coastwise trade.
SEC. 309. EFFECTIVE DATES.
 (a) IN GENERAL- Except as provided in subsection (b), the amendments made
 by this Act take effect on the date of the enactment of this Act.
 (b) Exceptions-
 (1) The amendments made by section 1(a)(2) take effect January 1, 1989,
 except that the amendment made by subparagraph (A) of such section does
 not apply to a vessel titled in a State until one year after the Secretary
 of Transportation prescribes guidelines for a titling system under section
 13106(b)(8) of title 46, United States Code.
 (2) The amendments made by section 1(a)(3) take effect on the 180th day
 after the date of the enactment of this Act.
SEC. 310. SUBSTITUTION OF VESSEL.
 Section 4(c)(2) of 101 Stat. 1780 is amended by adding after `1987' the
 following: `, except that an alternative vessel of no greater tonnage than
 the vessel in the application may be substituted, if that substitution is
 made by the original applicant'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.