Text: S.1004 — 104th Congress (1995-1996)All Information (Except Text)

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Public Law No: 104-324 (10/19/1996)

 
[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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