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104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-854
_______________________________________________________________________


 
                 COAST GUARD AUTHORIZATION ACT OF 1996

                                _______
                                

               September 27, 1996.--Ordered to be printed

_______________________________________________________________________


 Mr. Shuster, from the committee of conference, submitted the following

                           CONFERENCE REPORT

                         [To accompany S. 1004]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the House to the bill (S. 
1004) to authorize appropriations for the United States Coast 
Guard, and for other purposes, having met, after full and free 
conference, have agreed to recommend and do recommend to their 
respective Houses as follows:
      That the Senate recede from its disagreement to the 
amendment of the House and agree to the same with an amendment 
as follows:
      In lieu of the matter proposed to be inserted by the 
House amendment, insert the following:

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:

                         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.
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.
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.
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 navigation, 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. 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.

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 Guard at a cost comparable to the cost of services 
provided by Coast Guard child development centers.
      ``(f) 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 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
            ``(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) 
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 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:
      ``(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.
            ``(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.

``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.).
            ``(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, 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 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 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 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 Date.--This section shall be effective on 
and after June 12, 1990.

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:
      ``(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 is 
                amended by striking ``and 12111'' and inserting 
                ``12111, and 12122(b)''.
      (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 18 the 
following:
      ``(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 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) 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 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.''.

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 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.''.
    (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 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).
            ``(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.
            ``(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.''.

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 PORT MODERNIZATION

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Deepwater Port 
Modernization Act''.

SEC. 502. 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
            ``(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.''.

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 GUARD REGULATORY REFORM

SEC. 601. SHORT 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.
``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 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;
            ``(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. 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) 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 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 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
                    (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:
    ``(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 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. 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 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'';
            (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 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''.

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, 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 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 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''.

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.''.
    (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) 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 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) 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) 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) 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) 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) 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) is 
amended to read as follows:

``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, 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 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 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.
    (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 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. 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.
            (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. 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.--
            (1) In 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 
                Thachers 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) 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--
                    (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 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 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 (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 
                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.
                            (iv) Nonprofit corporations, 
                        educational agencies, and community 
                        development organizations.
            (3) Selection of conveyees among eligible 
        entities.--
                    (A) Committee.--
                            (i) In 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
                                    (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 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 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 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 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).
            (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;
            (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 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;
                    (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
            (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) Revisionary 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 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 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 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.
    (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 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 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.
    ``(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 measured 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.''.
    (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) This section does not prohibit, nor 
may any State 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 a 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) begins, ends, or otherwise includes a stop in 
        Canada;
            ``(B) includes stops in at least 2 different ports 
        situated in the State of Alaska;
            ``(C) does not begin, end, or otherwise include a 
        stop in any other State; and
            ``(D) 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, 
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 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
                    (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 section 12102.
    ``(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 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--
            (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) 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 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).
            (7) BAY RIDGE (United States official number 
        600128).
            (8) COASTAL GOLDEN (United States official number 
        598731).

SEC. 1117. 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 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).
            (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 MN1397AM).
            (23) CHESAPEAKE (United States official number 
        999010).
            (24) CHRISSY (State of Marine 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).
            (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 registation 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).
            (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).
            (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) 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
                    (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 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.
    (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 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 
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, 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 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 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 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
            (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 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. 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 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
            ``(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 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. 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 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 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 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 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.
            (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. 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:
                    ``(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. 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. 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. 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, 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 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, subrogation 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. 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 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.''.
    (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.''.

      And the House agree to the same.

                From the Committee on Transportation and 
                Infrastructure, for consideration of the Senate 
                bill and the House amendment, and modifications 
                committed to conference:
                                   Bud Shuster,
                                   Don Young,
                                   Howard Coble,
                                   Tillie K. Fowler,
                                   Bill Baker,
                                   James L. Oberstar,
                                   Bob Clement,
                                   Glenn Poshard,
                From the Committee on the Judiciary, for 
                consideration of sec. 901 of the Senate bill, 
                and sec. 430 of the House amendment, and 
                modifications committed to conference:
                                   Henry Hyde,
                                   Bill McCollum,
                                 Managers on the Part of the House.
                From the Committee on Commerce, Science, and 
                Transportation:
                                   Larry Pressler,
                                   Ted Stevens,
                                   Slade Gorton,
                                   Trent Lott,
                                   Kay Bailey Hutchison,
                                   Olympia Snowe,
                                   John Ashcroft,
                                   Spencer Abraham,
                                   Fritz Hollings,
                                   Daniel Inouye,
                                   John F. Kerry,
                                   John Breaux,
                                   Byron L. Dorgan,
                                   Ron Wyden,
                From the Committee on Environment and Public 
                Works:
                                   John H. Chafee,
                                   John Warner,
                                   Bob Smith,
                                   Lauch Faircloth,
                                   Jim Inhofe,
                                   Max Baucus,
                                   Frank R. Lautenberg,
                                   Joe Lieberman,
                                Managers on the Part of the Senate.
       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendment of the House to the bill (S. 1004) to authorize 
appropriations for the United States Coast Guard, and for other 
purposes, submit the following joint statement to the House and 
the Senate in explanation of the effect of the action agreed 
upon by the managers and recommended in the accompanying 
conference report:
      The House amendment struck all of the Senate bill after 
the enacting clause and inserted a substitute text.
      The Senate recedes from its disagreement to the amendment 
of the House with an amendment that is a substitute for the 
Senate bill and the House amendment. The differences between 
the Senate bill, the House amendment, and the substitute agreed 
to in conference and noted below, except for clerical 
corrections, conforming changes made necessary by agreements 
reached by the conferees, and minor drafting and clerical 
changes.

                         section 1. short title

      Section 1 of the Senate bill states that the Act may be 
cited as the ``Coast Guard Authorization Act of 1996.'' This 
section of the House amendment states that the Act may be cited 
as the ``Coast Guard Authorization Act for Fiscal Year 1996.''
      The Conference substitute cites the Act as the ``Coast 
Guard Authorization Act of 1996.''

                      section 2. table of contents

      Section 2 of the Senate bill, the House amendment, and 
the conference substitute provide a table of contents for the 
bill.

                        Title I--Authorizations

              section 101. authorization of appropriations

      Section 101 of the Senate bill authorizes Coast Guard 
appropriations for Fiscal Year (FY) 1996, at the following 
levels:

                                                        Fiscal year 1996
Operating Expenses......................................  $2,618,316,000
AC&I....................................................;     428,200,000
R&D.....................................................;      22,500,000
Retired Pay.............................................     582,022,000
Alteration of Bridges...................................      16,200,000
Environmental Compliance................................      25,000,000

      This bill also authorizes the transfer of funds from the 
discretionary bridge program of the Federal Highway 
Administration to the Coast Guard for alteration of highway 
bridges that are determined to be obstructions to navigation.
      Section 101 of the House amendment contains identical 
authorization levels, but does not contain the funding change 
for alteration of highway bridges that are determined to be 
obstructions to navigation.
      The Conference substitute adopts the Senate provision 
with an amendment to authorize Coast Guard appropriations for 
fiscal year 1997 at the following levels:

                                                        Fiscal year 1997
Operating Expenses......................................  $2,637,800,000
AC&I....................................................;     411,600,000
R&D.....................................................;      20,300,000
Retired Pay.............................................     608,100,000
Alteration of Bridges...................................      25,100,000
Environmental Compliance................................      25,000,000

      The Conference Committee recommends that a study be 
conducted to look at ways the aviation program could cut its 
operating and replacement costs. The study should include 
looking at alternative aircraft to replace some of the aging 
HC-130's and HU-25's. The Committee believes some surveillance 
missions could be done by aircraft that are much less costly to 
operate. Further, the Committee believes there may be creative 
ways these alternate aircraft may be acquired without major 
capital expense. The Coast Guard shall report back to the 
Committee on Transportation and Infrastructure of the House and 
the Committee on Commerce, Science, and Transportation of the 
Senate by December 15, 1997.

    section 102. authorized levels of military strength and training

      Section 102 of the Senate bill authorizes a Coast Guard 
end-of-year strength of 38,400 active duty military personnel 
and military training student loads for fiscal year 1996. These 
authorized strength levels would not include members of the 
Coast Guard Ready Reserve called to active duty for special or 
emergency augmentation of regular Coast Guard forces for period 
of 180 days or less.
      Section 102 of House amendment has the identical strength 
numbers, but does not contain the Coast Guard Ready Reserve 
provision.
      The Conference substitute amends the House provision by 
authorizing a Coast Guard end-of-year strength of 37,561 by the 
end of fiscal year 1997 and military training student loads for 
fiscal year 1997.

           section 103. quarterly report on drug interdiction

      The Senate bill contains no comparable provision.
      Section 103 of the House amendment requires the Secretary 
of Transportation to submit to the Committee on Transportation 
and Infrastructure in the House of Representatives and 
Committee on Commerce, Science, and Transportation in the 
Senate quarterly reports on Coast Guard drug interdiction 
expenditures. The requirement for quarterly reports will allow 
the Committees to closely monitor the expenditures for Cost 
Guard drug interdiction, and to ensure that critical drug 
interdiction resources are not diverted to other Coast Guard 
missions.
      The Conference substitute adopts the House provision.

  section 104. sense of the congress regarding funding for the coast 
                                 guard

      The Senate bill contains no comparable provision.
      Section 422 of the House amendment states that it is the 
sense of Congress that Congress should appropriate for the 
Coast Guard adequate funds to enable it to carry out all 
extraordinary functions and duties the Coast Guard is required 
to undertake in addition to its normal functions established by 
law.
      The Conference substitute adopts the House amendment.

               Title II--Personnel Management Improvement

          section 201. provision of child development services

      Section 201 of the Senate bill adds a new section 515 to 
title 14, United States Code, authorizing the Coast Guard to 
establish a program to provide child development services for 
members of the armed forces and Federal civilian employees. 
Subsection (a) of new section 515 provides authority for the 
Commandant to expend appropriated funds to make child 
development services available. Subsection (b) of the new 
section establishes priorities for the use of parents' fees. 
Subsection (c) requires regular inspections of Coast Guard 
child care centers and establishes minimum requirements for 
training child care center employees. Subsection (d) authorizes 
the use of Coast Guard operating expenses in an amount not to 
exceed annual child care receipts to support child care center 
operation. Subsection (e) authorizes the use of appropriated 
funds to provide assistance to home day-care providers. 
Subsection (f) authorizes the Secretary to charge fees for 
child development services provided.
      Section 203 of the House amendment amends section 93 of 
title 14, United States Code, to authorize the Coast Guard to 
establish a program to provide child development services for 
military members and civilian employees. This program provided 
in this section is similar in most respects to the existing 
Department of Defense child care development program.
      The Conference substitute adopts the House amendment.

                  section 202. hurricane andrew relief

      Section 202 of the Senate bill authorizes Coast Guard 
military personnel assigned to a facility around Homestead Air 
Force Base, Florida, on or before August 24, 1992, to be 
compensated if they are unable to sell their homes due to 
damage from Hurricane Andrew.
      Section 201 of the House amendment is identical to the 
Senate bill.
      The Conference substitute adopts the Senate provision.

    section 203. dissemination of results of 0-6 continuation boards

      Section 203 of the Senate bill amends section 289 of 
title 14 United States Code, eliminating the requirement for 
dissemination to the service at large of the result of boards 
convened to recommend captains for continuation on active duty.
      The House amendment contains no comparable provision.
      The Conference substitute adopts the Senate provision.

    SECTION 204. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH

      Section 204 of the Senate bill amends section 712 of 
title 14, United States Code, to eliminate the requirement to 
include Coast Guard Reservists ordered to active duty in the 
calculation of Coast Guard end-of-year personnel strength. This 
new authority parallels the Secretary of Transportation's 
existing authority to exceed annual Coast Guard end-of-year 
strength ceilings in order to respond to national defense 
emergencies.
      Section 202 of the House amendment is similar to the 
Senate bill.
      The Conference substitute adopts the House provision.

        SECTION 205. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE

      Section 205 of the Senate bill amends section 283(b) of 
title 14, United States Code, to allow Coast Guard officers 
with at least 18 years of service, and who have been passed 
over for promotion twice, to continue on active duty until they 
are eligible for retirement after 20 years of service. A 
similar provision applies to members of the Coast Guard Reserve 
and the other branches of the armed forces.
      Section 205 of the House amendment is identical to the 
Senate bill.
      The Conference substitute adopts the Senate provision.

                        section 206. recruiting

      Section 207 of the Senate bill expands the Coast Guard's 
authority to recruit its military work force. Subsection (a) 
amends the National Defense Authorization Act for Fiscal Year 
1995 to extend to the Department of Transportation a provision 
that denies funds to institutions of higher education that have 
a policy of denying recruiters from the armed forces access to 
their campuses or students, or denying access to director 
information pertaining to students.
      Subsection (b) provides specific authority for the Coast 
Guard to use operating funds for entertainment expenses arising 
from recruiting activities in the Coast Guard's ``centers of 
influence'' program, modeled after the programs of the Navy, 
Marine Corps, and Air Force.
      Subsection (c) expands the Coast Guard's authority to 
enter into contracts with, and make grants to, public and 
private organizations and individuals for the purpose of 
meeting identified personnel resource requirements. Students 
who successfully qualify for the program would be offered a 
one-year or two-year scholarship that would pay for all or part 
of the tuition and related living expenses while enrolled in a 
college or university.
      Section 407 of the House amendment requires the Coast 
Guard to submit a report to the Committee on Transportation and 
Infrastructure in the House of Representatives and the 
Committee on Commerce, Science, and Transportation in the 
Senate on efforts to recruit women and minorities, and to make 
recommendations on the need for future action in this area.
      Section 206 of the Conference substitute adopts 
subsections (a) and (b) of section 207 of the Senate bill. 
Subsection (a) denies funds to institutions which do not allow 
Coast Guard recruiters on campus. Subsection (c) allows the 
Coast Guard to use operating funds to cover advertising and 
entertainment expenses related to certain recruiting 
activities. Section 207(c) of the conference substitute 
includes the study on recruiting women and minorities from 
section 407 of the House amendment.

section 207. access to national driver register information on certain 
                         coast guard personnel

      Section 208(a) of the Senate bill amends section 93 of 
title 14, United States Code, to authorize the Commandant of 
the Coast Guard to require that Coast Guard military personnel 
request all information contained in the National Driver 
Register (NDR) pertaining to the individual and be made 
available to the Commandant. Current law allows an employer to 
have access to the NDR records of an individual who is seeking 
employment or is employed as a driver of a commercial vehicle, 
an individual who has applied for, or has received an airman's 
medical certificate, an individual who is seeking employment or 
is employed as an operator of a locomotive, and a holder of, or 
applicant for, a merchant mariner's license, certificate of 
registry, or merchant mariner's document.
      Subsection (b) of this section amends section 30305 of 
title 49, United States Code, to allow Coast Guard military 
personnel to request the chief licensing official of a State to 
provide information in the National Driver Register about the 
individual to the Commandant of the Coast Guard, and to allow 
the Commandant to receive the information.
      Section 204 of the House amendment is identical to the 
Senate bill.
      The Conference substitute adopts the Senate provision.

              section 208. coast guard housing authorities

      Section 209 of the Senate bill establishes a new 
financing mechanism for the construction of military family 
housing and unaccompanied housing units on or near Coast Guard 
installations. It authorizes the Coast Guard to use direct 
loans, loan guarantees, long-term leases, rental guarantees, 
barter, direct government investment, and other financial 
arrangements to encourage private sector participation in the 
building of military housing.
      A Coast Guard Housing Improvement Fund (Fund) is 
established to provide these new housing projects. In addition 
to the amounts appropriated to the Fund, the Fund may receive 
transfers from other U.S. Department of Transportation housing 
accounts, receipts from property sales and rents, returns on 
any capital, and other income operations or transactions 
connected with the program. The amounts in the Fund are 
available to acquire housing using the various techniques 
mentioned above, but the total value of budget authority for 
all contracts and investments are limited to $60 million.
      The House amendment has no comparable provision.
      The Conference substitute amends the Senate provision in 
several ways. The substitute allows the Coast Guard Housing 
program to use loan guarantees for developers of military 
family housing and military unaccompanied housing. The 
substitute also allows the Secretary of Transportation to enter 
into limited partnerships with nongovernmental entities for the 
purpose of carrying out projects for the acquisition or 
construction of housing units for military housing.
      Section 208 of the Conference Substitute ensures that 
amounts available from the Fund are subject to appropriations. 
This provision does not allow the acquisition or construction 
of military housing unless the Committee on Transportation and 
Infrastructure of the House of Representatives and Committee on 
Commerce, Science, and Transportation of the Senate have 
adopted resolutions approving of the plans. The conferees 
believe the Coast Guard should submit to each committee a 
prospectus for each project based on OMB Circular A-104, which 
is used by the General Services Administration for their 
capital construction and leasing program. Section 208 
identifies one housing project on or near Coast Guard 
Integrated Support Command, Ketchikan, Alaska, to be exempted 
from the committee approval process.

     section 209. board for correction of military records deadline

      Section 210 of the Senate bill is similar to section 404 
of the House amendment, except that it requires those affected 
by the provision to apply for retroactive relief.
      Section 404 of the House amendment clarifies the 
application of section 212 of the Coast Guard Authorization Act 
of 1989, (Public Law 101-225, 10 U.S.C. 1552 note). This 
section required the Secretary of Transportation to amend the 
regulations governing the Coast Guard's Board for the 
Correction of Military Records (BCMR) to ensure that appeals 
are processed expeditiously and that final decisions are made 
within 10 months of their receipt by the BCMR. Section 212 also 
required the Secretary to appoint and maintain a permanent 
staff, and a panel of civilian officers or employees to serve 
as members of the board, which are adequate to ensure 
compliance with the 10-month deadline for final action on the 
application. Section 404 of the House amendment clarifies that 
the 10-month deadline established under section 212 of the 1989 
Coast Guard Authorization Act was intended to be mandatory. 
Section 404 also clarifies that section 212 was intended to 
apply to applications pending before the BCMR or the Secretary 
of Transportation on June 12, 1990, which was six months after 
the date of enactment of the 1989 Coast Guard Authorization 
Act.
      Under section 404 of the House amendment, and section 212 
of the 1989 Coast Guard Authorization Act, extensions of time 
granted to applicants by the BCMR do not count toward the 10-
month deadline. The purpose of section 212 of the 1989 Coast 
Guard Authorization Act was to impose a deadline on the 
Department of Transportation that resulted in timely, 
meaningful resolution of claims for BCMR applicants. Extensions 
of the 10-month deadline requested by applicants themselves are 
not contrary to the purpose of section 212.
      Section 209 of the Conference substitute creates a new 
section 425 of title 46, United States Code, which is similar 
to the Senate provision. The conferees believe that the lack of 
prompt resolution of BCMR cases has denied meaningful relief to 
many BCMR applicants who are found to have been unjustly passed 
over for promotion. Because the Coast Guard does not convene 
special selection boards for officers whom the BCMR finds to 
have been wrongly passed over, it is imperative that the BCMR 
adhere to the 10-month deadline in each case. Officers who fall 
behind the regular promotion cycle because of delayed BCMR 
relief are at a competitive disadvantage when competing for 
promotion against officers whose careers have progressed at a 
normal pace.
      The conferees direct the BCMR to resolve all cases within 
the 10-month deadline, eliminating the necessity for Coast 
Guard special selection boards. The conferees also direct the 
BCMR to establish a system to monitor the implementation of 
this section, including a method to easily determine the dates 
on which applications are filed with the BCMR, and other 
significant dates related to a BCMR application.

      section 210. repeal temporary promotion of warrant officers

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute repeals section 277 of title 
14, United States Code, which provides that Coast Guard warrant 
officers may be temporarily promoted to higher warrant officer 
grades. Section 541 of the National Defense Authorization Act 
for Fiscal Year 1995 (Public Law 103-337) made the Warrant 
Officer Management Act (WOMA) applicable to the Coast Guard 
warrant officer corps. There are no temporary warrant officer 
promotions under WOMA and the repeal of section 277 of title 
14, United States Code, is necessary to remove this 
inconsistent provision.

             section 211. appointment of temporary officers

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute permits the Coast Guard to 
vacate the appointments of a temporary commissioned officer at 
any point prior to the officer's becoming a permanent 
commissioned officer and not just during the period of the 
original appointment. This provides an important means for 
managing the size of the Coast Guard officer corps in an era of 
decreasing budgets, while at the same time allowing individuals 
to continue a Coast Guard career.

  section 212. information to be provided to officer selection boards

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute deletes the requirement for the 
Coast Guard to identify officers who are in the promotion zone 
of the group. This will allow officers who have failed to be 
selected for promotion by an earlier board to compete on an 
equal basis with officers who are being considered for the 
first time.

 section 213. rescue diver training for selected coast guard personnel

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute allows the Coast Guard to 
provide rescue diver training to selected Coast Guard personnel 
under the helicopter rescue swimming program.

         section 214. special authorities regarding coast guard

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute adds two provisions which 
involve Coast Guard reimbursement of expenses for mess 
operations and severable services contracts.
        Subsection (a) of section 214 allows the Secretary of 
Transportation, when the Coast Guard is not operating as part 
of the Navy, to establish rates for meals sold at Coast Guard 
dining facilities and to reimburse mess expense operations for 
the cost of those meals. This will allow the Coast Guard to 
operate its mess facilities more efficiently and effectively, 
in the same manner as the other armed services, which already 
have this authority.
      Subsection (b) of section 214 allows the Secretary of 
Transportation to enter into contracts for severable services 
contracts across fiscal years. Severable services are services 
funded by annual appropriations that can be subdivided by year 
for performance, such as services performed for equipment and 
facility maintenance. This provision gives the Coast Guard the 
same authority previously granted to other Federal agencies 
under the Federal Acquisition Streamlining Act of 1994.

       Title III--Marine Safety and Waterway Services Management

               section 301. changes to documentation laws

      Section 301 of the Senate bill amends section 12122(a) of 
title 46, United States Code, increasing the maximum civil 
penalty for violation of documentation laws from $500 to 
$10,000.
      Subsection (b) of this section amends section 12122(b) of 
title 46, United States Code, broadening the seizure and 
forfeiture authority within the penalty section. This 
subsection moves three existing authorities currently in 
section 12110(c) of title 46, United States Code, to section 
12122(b). Consolidating these authorities in this section 
should clarify those violations of U.S. documentation laws for 
which seizure and forfeiture authority would be exercised.
      In addition, this subsection adds a new substantive basis 
for seizure and forfeiture when a vessel is placed under the 
command of a person not a citizen of the United States. The 
term ``under the command of'' is intended to have the same 
meaning as in section 12110(d) of title 46, United States Code. 
Command of a vessel would include, complete authority and 
control over and responsibility for: all aspects of vessel 
navigation, stability, cargo loading, and communications; 
material condition of the vessel; health, welfare, safety, and 
training of the crews; fishing and fish processing activities; 
crew hiring, firing, discipline, and pay; maintenance, 
provisioning, and supplies; and compliance with all applicable 
U.S. laws and regulations.
      Section 301 (c) and (d) makes technical and conforming 
changes to sections 12122(c) and 12110(d) of title 46, United 
States Code. Section 301(e) terminates the eligibility for a 
fisheries endorsement of a vessel purchased by the Secretary of 
Commerce under a fishing capacity reduction program.
      The House amendment contains no comparable provision.
      The Conference substitute adopts the Senate provision 
with several technical modifications.

           section 302. nondisclosure of port security plans

        Section 302 of the Senate bill amends section 7 of the 
Ports and Waterways Safety Act, as amended (33 U.S.C. 1226), to 
exempt information regarding passenger vessels or terminal 
security plans established by the Coast Guard from the public 
disclosure requirements of any law. Currently, airline and 
security plans developed by the Federal Aviation Administration 
are exempt from disclosure under the Freedom of Information 
Act. Section 302 of this bill extends the same degree of 
protection to Coast Guard security plans for passenger vessels 
and terminals to ensure that safety and security are not 
compromised at these facilities.
      Section 306 of the House amendment contains a provision 
identical to the Senate bill.
      The Conference substitute adopts the Senate provision.

  section 303. maritime drug and alcohol testing program civil penalty

        Section 303 of the Senate bill amends chapter 21 of 
title 46, United States Code, to provide for a civil penalty of 
not more than $1,000 per day for marine employees who violate 
the Coast Guard's chemical testing regulations.
      Section 307 of the House amendment is similar to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

                section 304. renewal of advisory groups

      Section 304 of the Senate bill amends sections 18 and 19 
of the Coast Guard Authorization Act of 1991 (Public Law 102-
241, 105 Stat. 2208-2235) to extend the termination dates for 
the Houston-Galveston Navigation Safety Advisory Committee and 
the Lower Mississippi River Waterway Advisory Committee until 
September 30, 2000. This section also amends section 5(d) of 
the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) and 
section 4508(e)(1) of title 46, United States Code, to extend 
the termination dates for the Navigation Safety Advisory 
Council and the Commercial Fishing Industry Vessel Advisory 
Committee, respectively, until September 30, 2000. The section 
further extends the Towing Safety Advisory Committee until 
September 30, 2000.
      Sections 303, 304, 305, and 311 of the House amendment 
also extend the termination dates for these organizations. The 
House amendment amends section 5(d) of the Inland Navigational 
Rules Act of 1980 (33 U.S.C. 2073) to change the name of the 
Rules of the Road Advisory Council to the Navigational Safety 
Advisory Council.
      The Conference substitute adopts the Senate provision 
with the House provision related to the Navigation Safety 
Advisory Council. The substitute also extends the statutory 
authority for the National Boating Safety Advisory Council 
until September 30, 2000.

        section 305. electronic filing of commercial instruments

      Section 305 of the Senate bill amends section 31321(a) of 
title 46, United States Code, to allow the public to file a 
bill of sale, conveyance, mortgage, assignment, or related 
instrument with the Coast Guard electronically. Under the 
amendments made by this section, the original instrument must 
be provided to the Secretary of Transportation within 10 days 
after the electronic transfer.
      Section 403 of the House amendment is identical to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

                      section 306. civil penalties

      Section 306(a) of the Senate bill amends section 6103(a) 
of title 46, United States Code, to increase the civil penalty 
against an owner, charterer, managing operator, agent, master, 
or individual in charge of a vessel for failure to report a 
vessel casualty from $1,000 to not more than $25,000. Section 
306(b) amends section 8906 of title 46, United States Code, to 
increase the civil penalty against an owner, charterer, 
managing operator, agent, master, or individual in charge of a 
vessel operated in violation of small vessel operator licensing 
requirements, from $1,000 to not more than $25,000.
      Section 309 of the House amendment is identical to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

      section 307. amendment to require epirbs on the great lakes

      Section 307 of the Senate bill amends paragraph 7 of 
section 4502(a) of title 46, United States Code, to require 
uninspected commercial fishing vessels operating beyond three 
nautical miles from the coastline of the Great Lakes to carry 
emergency position indicating radio beacons (EPIRBS).
      Section 310 of the House amendment is identical to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

              section 308. report on loran-c requirements

      Section 308 of the Senate bill requires the Secretary of 
Transportation, in consultation with users of the LORAN-C radio 
navigation system, to submit a report on the future use of and 
funding for operations, maintenance, and upgrades of the LORAN-
C radionavigation system as satellite based technology becomes 
the sole means of safe and efficient navigation.
      This section specifically requires the Secretary to 
address several issues in the report. These include determining 
an appropriate timetable for transitioning from ground-based 
radio navigation technology, and the possible need for all 
agencies in the Department of Transportation, as well as other 
government beneficiaries, to share in the Federal government's 
costs related to LORAN-C technology.
      Section 415 of the House amendment is similar to the 
Senate provision.
      The Conference substitute adopts the Senate provision. 
The LORAN-C radionavigation system has been operated as a cost-
effective, proven, reliable system for millions of marine and 
other users over the years which provides an important 
enhancement to user safety. In recent years, numerous steps 
have been taken to emphasize that the Coast Guard and other 
agencies in the Department of Transportation should take 
advantage of the compatibility of LORAN with GPS technology so 
that the substantial investment made by users can continue to 
be utilized until satellite technology is available as a sole 
means of navigation. The Conferees have heard from every 
segment of the LORAN user community, expressing strong support 
for continued funding and upgrade of the LORAN infrastructure. 
Therefore, the Conferees have included a provision requiring 
the Secretary within 180 days to provide a plan for the future 
funding and upgrade of the Loran system and infrastructure.

                    section 309. small boat stations

      Section 309 in the Senate bill prohibits the Secretary of 
Transportation from closing any Coast Guard multi-mission small 
boat station or subunit before October 1, 1996. Section 309 
prohibits the Coast Guard from closing any Coast Guard small 
boat station or subunit after October 1, 1996 unless he 
certifies that the closure will not result in the degradation 
of services that would cause a significantly increased threat 
to life, property, the environment, public safety, or our 
national security. The Secretary must also notify the public of 
the intended closure, make available to the public information 
used in making the determination and assessment under this 
section, and provide an opportunity for public meetings and 
written comments about the closure.
      Section 104 of the House amendment prohibits the closure 
of Coast Guard multimission small boat stations unless the 
Secretary of Transportation determines that maritime safety 
will not be diminished by the closures.
      The Conference substitute also adds a new section 673 to 
title 14, United States Code, which requires that Coast Guard 
small boat stations maintain at least one vessel capable of 
performing off-shore rescue operations.
      The Conference substitute adds a new section 674 to title 
14, United States Code, which prevents the Secretary of 
Transportation closing a Coast Guard multi-mission small boat 
station unless the Secretary determines that the remaining 
search and rescue capabilities maintain the safety of the 
maritime public in the area of the station or subunit. The 
Secretary must also determine that the regional or local 
prevailing weather and marine conditions, including water 
temperature or unusual tide and current conditions, do not 
require continued operation of the search and rescue station. 
The Secretary must further determine that the Coast Guard 
search and rescue standards related to search and rescue 
response times are met. The Secretary must provide an 
opportunity for public comment and meetings in regard to any 
proposed station closure.

     section 310. penalty for alteration of marine safety equipment

      Section 310 of the Senate bill broadens section 3318 of 
title 46, United States Code, to classify as a felony the 
knowing alteration of lifesaving, fire fighting, and other 
marine safety equipment, if the alteration results in equipment 
that is insufficient to accomplish the purpose for which it is 
intended.
      The House amendment contains no comparable provision.
      The Conference substitute adopts the Senate bill with an 
amendment establishing a criminal penalty applicable commercial 
alteration or servicing which intentionally renders the 
equipment unsafe and unfit for the purpose for which it is 
intended.

section 311. prohibition on overhaul, repair, and maintenance of coast 
                   guard vessels in foreign shipyards

      Section 311 of the Senate bill amends chapter 5 of title 
14, United States Code, to require that all non-emergency 
repairs of Coast Guard vessels be conducted in shipyards 
located in the United States. This provision is similar to the 
current restrictions on the repair of U.S. Navy vessels.
      The House amendment contains no comparable provision.
      The Conference substitute amends the Senate provision to 
exempt voyage repairs and vessels that are home ported outside 
a U.S. State from this section.

section 312. withholding vessel clearance for violation of certain acts

      Section 312 of the Senate bill authorizes the Secretary 
of the Treasury, at the request of the Secretary of 
Transportation, to refuse or revoke a vessel's clearance, when 
that vessel is liable, or reasonable cause exists to believe 
that the vessel is liable, to the United States Government for 
certain civil or criminal penalties. Under the amendments made 
by this section, the Secretary of the Treasury may grant a 
clearance previously refused or revoked only if the owner of 
the vessel obtains a bond or other surety satisfactory to the 
Secretary of Transportation to cover the amount of the 
potential fine or penalty assessment.
      Section 312(a) amends section 5122 of title 49, United 
States Code, to authorize the Secretary of Treasury to refuse 
or revoke a vessel's clearance for violations of chapter 51 of 
title 49, United States Code, formerly the Hazardous Materials 
Transportation Act. Chapter 51 of title 49 applies to all 
vessels that transport, ship, maintain, or manufacture 
hazardous materials in waters subject to the jurisdiction of 
the United States.
      Section 312(b) amends section 13(f) of the Ports and 
Waterways Safety Act (33 U.S.C. 1232(f)) to authorize the 
Secretary of the Treasury to refuse or revoke a vessel's 
clearance for violations of that Act. The Ports and Waterways 
Safety Act promotes port and merchant vessel safety through the 
establishment of vessel traffic service systems and the 
requirement to carry certain navigation equipment aboard 
vessels in waters subject to the jurisdiction of the United 
States.
      Section 312(c) amends section 4(d) of the Inland 
Navigational Rules Act of 1980 (33 U.S.C. 2072(d)) to authorize 
the Secretary of the Treasury to refuse or revoke a vessel's 
clearance for violations of that Act. The Inland Navigational 
Rules Act governs the ``rules of the road'' for vessel 
navigation for the various inland, Great Lakes, and Western 
Rivers waters.
      Section 312(d) amends section 3718(e) of title 46, United 
States Code, to authorize the Secretary of Treasury to refuse 
or revoke a vessel's clearance for violations of chapter 37 of 
title 46, United States Code, governing the carriage of liquid 
bulk dangerous cargoes in the navigable waters or a port of 
place subject to the jurisdiction of the United States.
      Section 308 of the House amendment is identical to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

          SECTION 313. INFORMATION BARRED IN LEGAL PROCEEDINGS

      The Senate bill contains no comparable provision.
      Section 414 of the House amendment adds a new section to 
chapter 63 of title 46, United States Code, to limit the use of 
certain portions of formal and informal marine casualty 
investigations in civil judicial, administrative, and state 
criminal proceedings unless the Secretary of Transportation 
consents to releasing the report. The section would also 
prohibit any employee of the United States or member of the 
Coast Guard investigating a marine casualty or assisting in any 
such investigation being subject to deposition or other 
discovery, or to otherwise testify or give information in such 
proceedings relevant to a marine casualty investigation without 
the consent of the Secretary. New section 6308 also clarifies 
that the restriction on the use of the portions of 
investigations is not an admission of liability by the United 
States or by a person referred to in the investigation.
      Although there are certain statutory and discovery 
provisions that presently protest parts of an investigation 
from use in civil and state criminal proceedings, there is no 
statutory prohibition on the use of opinions, recommendations, 
deliberations, and conclusions contained in marine casualty 
investigation reports.
      The Conference substitute alters the House provision to 
completely prohibit a report of a Coast Guard marine casualty 
investigation from being admissible as evidence or subject to 
discovery in any civil or administrative proceedings, other 
than an administrative proceeding initiated by the United 
States. The substitute also prohibits any employee of the 
United States or member of the Coast Guard investigating a 
marine casualty from being subject to deposition or other 
discovery without the permission and consent of the Secretary 
of Transportation. The Secretary may not withhold permission 
for the employee or member to testify on solely factual matters 
where the information is not available elsewhere.

                 SECTION 314. MARINE CASUALTY REPORTING

      Section 503(a) of the Senate bill requires the Coast 
Guard to submit a plan to Congress to increase the reporting of 
vessel accidents to appropriate state law enforcement 
officials.
      Section 503(b) amends section 6130(a) of title 46, United 
States Code, to establish a $1,000 civil penalty for an owner, 
charterer, operator, agent, master, or individual in charge of 
a vessel who has failed to submit a marine casualty report to 
state authorities as required under existing law.
      The House amendment contains no comparable provision.
      The Conference adopts the Senate provision.

                    Title IV--Coast Guard Auxiliary

        SECTION 401. ADMINISTRATION OF THE COAST GUARD AUXILIARY

      Section 401 of the Senate bill amends section 821 of 
title 14, United States Code, to establish an organizational 
structure for the Coast Guard Auxiliary and to designate the 
Auxiliary as an ``Instrumentality of the United States'' only 
with respect to acts or omissions committed by Auxiliary 
members performing a Coast Guard function or operation 
authorized by the Commandant of the Coast Guard, under section 
822 of title 14, United States Code. Instrumentality status 
will allow the U.S. Government to provide legal representation 
and indemnification for the Auxiliary in litigation in which 
the Auxiliary is a defendant.
      Instrumentality status will also protect Auxiliary assets 
and members from liability in the event of alleged tortious 
conduct committed by members while acting within the scope of 
their official duties. The liability protection provided to the 
Auxiliary under this section is for noncontractual civil tort 
liability.
      Section 401 of the Senate bill also authorizes the 
national board of the Auxiliary, Auxiliary districts, and 
regions of the Auxiliary to incorporate under state law in 
accordance with policies established by the Commandant. The 
ability to incorporate will allow the Auxiliary's national 
board to manage its finances more effectively and to hold 
Auxiliary copyrights, trademarks, and title to property used by 
the Auxiliary in performing its missions. Regional or district 
corporations may be formed under this section only for the 
purpose of holding property for Auxiliary use. Corporations 
formed under this authority are not considered 
instrumentalities of the United States.
      Section 801 of the House amendment is similar to the 
Senate provision.
      The Conference substitute adopts the House provision.

           section 402. purpose of the coast guard auxiliary

      Section 402 of the Senate bill provides that the purpose 
of the Coast Guard 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. As the functions and operations of the Coast Guard 
expand in future years, the Auxiliary will have the flexibility 
to act in support of Coast Guard operations, under the 
direction of the Commandant. Future uses of the Coast Guard 
Auxiliary may include the establishment and support of marine 
safety and security zones; port and harbor patrols; parade and 
regatta patrols; pollution patrols; transportation of Coast 
Guard personnel for mission support; training support; and 
other support missions authorized by the Commandant.
      Section 802 of the House amendment is similar to this 
provision.
      The Conference substitute adopts the House provision.

             section 403. members of the auxiliary; status

      Seciton 403 of the Senate bill clarifies the status of 
individual members of the Coast Guard Auxiliary, and affords an 
Auxiliarist, while acting within the scope of official duties, 
the same degree of protection from legal liability as is 
provided to Coast Guard personnel. Under section 403, Auxiliary 
members are considered Federal employees for limited purposes, 
and are protected under the Federal Tort Claims Act (28 U.S.C. 
2671 et seq.) from the claims of a third party who is allegedly 
harmed by the Auxiliary member while the member is acting 
within the scope of official duties.
      Section 803 of the House amendment is similar to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

           SECTION 404. ASSIGNMENT AND PERFORMANCE OF DUTIES

      Section 404 of the Senate bill deletes the antiquated 
term ``specific duties'' from sections 830, 831, and 832 of 
title 14, United States Code.
      Section 804 of the House amendment is similar to the 
Senate provision.
      The Conference substitute adopts the House provision.

SECTION 405. COOPERATION WITH OTHER AGENCIES, STATES, TERRITORIES, AND 
                         POLITICAL SUBDIVISIONS

      Section 405 of the Senate bill allows the Commandant to 
prescribe conditions under which the Coast Guard Auxiliary may 
assist the States, when requested by proper State authorities. 
Assistance provided under this section may include supporting 
and augmenting state safety and security patrols for boat 
parades, regattas, and other special waterborne events.
      Section 805 of the House amendment is similar to the 
Senate provision.
      The Conference substitute adopts the House provision.

                SECTION 406. VESSEL DEEMED PUBLIC VESSEL

      Section 406 of the Senate bill clarifies that an 
Auxiliary vessel, while assigned to authorized Coast Guard 
duty, is 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 title 14, United States Code, and other applicable 
provisions of law, for purposes of resolving third-party claims 
for damage.
      Section 806 of the House amendment is similar to the 
Senate provision.
      The Conference substitute adopts the House provision.

              SECTION 407. AIRCRAFT DEEMED PUBLIC AIRCRAFT

      Section 407 of the Senate bill clarifies that an 
Auxiliary aircraft, while assigned to authorized Coast Guard 
duty, is deemed to be a Coast Guard aircraft, a public aircraft 
of the United States, and an aircraft of the Coast Guard for 
purposes of resolving third-party claims for damage. This 
section also deems Auxiliary pilots to be Coast Guard pilots 
while assigned to Coast Guard duty.
      Section 807 of the House amendment is similar to the 
Senate provision.
      The Conference substitute adopts the House provision.

               section 408. disposal of certain material

      Section 408 of the Senate bill allows the Auxiliary to 
acquire directly obsolete or other material that is not needed 
by the Coast Guard, in those states where unincorporated 
associations may do so, or indirectly, through a corporation 
formed for purposes of acquiring, owning, and disposing of 
property.
      Section 808 of the House bill is similar to the Senate 
provision.
      The Conference substitute adopts the House provision.

                 Title V--Deepwater Port Modernization

      Title V of the Senate bill contains provisions to: (1) 
ensure funding for state recreational boating safety grants; 
(2) improve boating access; and (3) establish age requirements 
for personal flotation devices.
      The House amendment contains no comparable provision.
      The Conference substitute includes the Deepwater Port 
Modernization Act with the following provisions:

                        section 501. short title

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      Section 501 of the Conference substitute provides that 
this title shall be cited as ``The Deepwater Port Modernization 
Act''.

            section 502. declarations of purpose and policy

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute states that this provision's 
overall purpose is to promote greater construction and use of 
deepwater ports by improving the statutory and regulatory 
framework under which deepwater ports operate. This title 
streamlines governmental regulation so as to address legitimate 
public concerns, including safety and minimizing risks to the 
environment, without subjecting deepwater ports to unduly 
burdensome, unnecessary or duplicative regulations or licensing 
provisions.

                        section 503. definitions

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute amends certain definitions in 
the Deepwater Ports Act of 1974 (DWPA) (33 U.S.C. 1502 et 
seq.).

                         Section 504. licenses

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute restructures the current three-
tiered approach of licensing, operations manuals, and 
regulations into an approach that relies on licenses and 
operations manuals. However, the provision preserves the use of 
regulations for basic standards and conditions.

                   section 505. informational filings

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute amends the procedural 
provisions of the DWPA to authorize the Secretary of 
Transportation to waive, under certain circumstances, 
informational filing requirements for applications under the 
Act.

                     section 506. antitrust review

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute repeals certain provisions in 
the DWPA that impose antitrust review requirements that are in 
addition to existing antitrust laws and requirements.

                         section 507. operation

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute clarifies provisions in the 
DWPA relating to common carrier status and prohibitions against 
discriminatory acceptance, transport, or conveyance of oil.

  section 508. marine environmental protection and navigational safety

      The Senate will contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute amends the regulatory structure 
under which deepwater ports operate, including the 
relationships between regulations and operations manuals.

                Title VI--Coast Guard Regulatory Reform

                        section 601. short title

      Section 601 of the Senate bill states that this title may 
be cited as the ``Coast Guard Regulatory Reform Act of 1995''.
      Section 501 of the House amendment is identical to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

                     section 602. safety management

      Section 602 of the Senate bill adds a new chapter 32 to 
title 46, United States Code, to authorize the Secretary of 
Transportation to prescribe regulations regarding shipboard and 
shorebased management of vessels and personnel. This authority 
would include conducting examinations and requiring the 
maintenance of records. The purpose of this section is to 
implement the International Safety Management (ISM) Code. This 
agreement, which the United States Government has signed, 
requires owners of vessels engaged in foreign commerce to 
manage their vessels in a safe manner. The Secretary currently 
lacks legal authority to require adoption and use of the ISM 
Code by the owners and operators of U.S.-flag vessels.
      Section 502 of the House amendment is identical to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

 section 603. use of reports, documents, records, and examinations of 
                             other persons

      Section 603 of the Senate bill adds a new section 3103 to 
title 46, United States Code. This new section will allow the 
Secretary to use reports, documents, and certificates issued by 
persons that the Secretary decides may be relied on to inspect, 
examine, or survey vessels.
      Section 503 of the House amendment is identical to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

                    section 604. equipment approval

      Section 604 of the Senate bill amends section 3306 of 
title 46, United States Code, concerning vessel inspection 
regulations and equipment and material approvals. Subsection 
(b)(1) contains the same language as the current section 
3306(b), except that the language has been broadened to 
specifically include material subject to regulation. This term 
is added for clarification only.
      Section 504 of the House amendment is identical to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

                  section 605. frquently of inspection

      Section 605 of the Senate bill amends section 3307(l) of 
title 45, United States Code, to clarify its purpose and to 
change the period of validity for certificates of inspection 
from two to five years. No practical changes will result with 
respect to inspection and examinations that are the basis for 
issuing the certificates of inspection.
      Section 505 of the House amendment is identical to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

                 section 606. certificate of inspection

      Section 606 of the Senate bill eliminates the prohibition 
of a vessel owner from scheduling an inspection for a vessel 
more than 60 days in advance of the inspection. This change 
will allow shipowners to request inspections more than 60 days 
prior to the expiration of the current certificate of 
inspection.
      Section 506 of the House amendment is identical to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

  SECTION 607. DELEGATION OF AUTHORITY OF SECRETARY TO CLASSIFICATION 
                               SOCIETIES

      Section 607 of the Senate bill amends section 3316 of 
title 46, United States Code, concerning the use of 
classification societies to inspect vessels. Currently, section 
3316 limits delegations to the American Bureau of Shipping 
(ABS) ``or a similar United States classification society.'' 
Since there is no similar U.S. classification society, there 
is, in effect, no delegation under this section other than to 
ABS.
      Section 507 of the House amendment is identical to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

             Title VII--Technical and Conforming Amendments

           SECTION 701. AMENDMENT OF INLAND NAVIGATION RULES

      Section 701 of the Senate bill adopts the Navigation 
Safety Advisory Council's (NAVSAC) recommendations for changing 
a number of the Inland Navigational Rules (Inland Rules) (33 
U.S.C. 2001-2071). These changes to the Inland Rules help 
clarify ambiguities in the practical application of the Rules, 
as well as to bring them into closer conformity with the 
International Regulations of Preventing Collisions at Sea 
(COLREGS), (33 U.S.C. 1602). The Coast Guard agrees with the 
recommendations of NAVSAC and has proposed amendments to Inland 
Rules 9, 15, 23, 24, 26, and 34.
      Section 701 of the House amendment is identical.
      The Conference substitute adopts the Senate provision.

    sections 702-744. Establishment of alternate convention tonnage

      Section 702-744 of the Senate bill authorize the 
Secretary of Transportation to establish alternate 
International Tonnage Convention (ITC) tonnage requirements for 
the purposes of statutes that contain vessel tonnage 
thresholds. Tonnage thresholds in existing statutes are based 
on the regulatory measurement system under chapter 145 of title 
46, United States Code, which allows vessel designers to use 
tonnage reduction techniques to artificially lower the tonnage 
of a vessel. Since the ITC measurement system, implemented 
under chapter 143 of title 46, United States Code, became 
effective for the United States on July 18, 1984, statutory 
tonnage limits have not been revised to reflect the higher 
tonnages that often result when a vessel is measured under the 
ITC system. The availability of alternate ITC tonnages 
established by the Secretary will discourage vessel designers 
and operators from using the regulatory measurement system to 
comply with existing statutory and regulatory requirements to 
maintain their competitive viability. Alternate ITC tonnages 
will give the maritime industry the flexibility to build and 
operate vessels that do not employ tonnage reduction 
techniques, resulting in safer and more efficient vessels. 
Alternate tonnages will also enable U.S. vessel designers and 
operators to be competitive in the international market.
      Sections 702 through 744 authorize the Secretary of 
Transportation to establish alternate ITC tonnage thresholds 
for the purposes of each of the statutes amended. Under the 
amendments made by these sections, vessel owners have the 
option to measure their vessels under the new ITC tonnage 
system or the regulatory system. The Committee expects that 
owners of many existing vessels, and virtually all owners of 
vessels constructed in the future, will exercise this option, 
leading ultimately to the demise of the antiquated regulatory 
measurement system. However, the amendments made by sections 
702-744 do not effect the option of an ``existing vessel'' as 
defined in section 14101(2) of title 46, United States Code, to 
retain its regulatory tonnage measurement as provided in 
section 14301(d) of that title.
      Finally, sections 702-744 authorize the Secretary to 
establish an alternate regulatory tonnage for the purposes of 
statutes enacted after July 18, 1994, that apply the ITC 
system. Alternate regulatory tonnages must be established to 
allow vessels entitled to use the regulatory tonnage 
measurement system to comply with laws enacted after July 18, 
1994.
      Sections 702-744 of the House amendment are similar to 
the Senate provisions.
      The Conference substitute adopts the Senate provisions 
with several amendments.
      The Conferees have included a sentence in proposed 
section 14104(b) of title 46, U.S. Code, that states that the 
regulations prescribing alternate tonnages would be 
interpretative regulations. The Conferees consider them to be 
interpretative in that the action the Coast Guard is required 
to take under this section is to interpret what the threshold 
tonnage for application of the current shipping laws to a class 
of vessels, which is currently based on regulatory tonnage, 
would be under the International Tonnage Convention (ITC). 
Because these regulations would be interpretative, under the 
Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.), the 
notice of proposed rulemaking and comment requirements and the 
30 day effective date delay of section 553 of the APA would not 
be required. Therefore the Conferees believe that these 
interpretative regulations should be able to be prescribed 
expeditiously.

    section 745. convention tonnage for licenses, certificates, and 
                               documents

      Section 745 of the Senate bill amends chapter 75 of title 
46, United States Code, by adding a new section 7506 to 
authorize the Secretary to evaluate the service of an 
individual applying for a license, certificate of registry, or 
merchant mariners document based on the size of the vessel on 
which the individual served as measured under the International 
Tonnage Convention (chapter 143, title 46, United States Code). 
Eligibility of individuals for licenses, certificates of 
registry, and merchant mariners' documents issued by the 
Secretary is based, in part, on the size of the vessel on which 
the individual has experience.
      Section 747 of the House amendment is identical to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

                   section 746. technical corrections

      Section 746 of the Senate bill is a technical amendment 
to chapter 121 and corrects two misspelled words in chapter 131 
of title 46, United States Code.
      Section 745 of the House amendment is similar to the 
Senate provision.
      The Conference substitute adopts the Senate provision, 
with an amendment regarding the FMC's authority over cruise 
ship bonding regulations. Public Law 89-777, 80 Stat 1356 
(November 6, 1966) requires the owners or charterers of certain 
passenger vessels to establish their financial responsibility 
for death or injury to passengers or for nonperformance of a 
voyage. Section 2(d) of Pub. L. 89-777 states in part:

            The provisions of the Shipping Act, 1916, shall 
        apply with respect to proceedings conducted by the 
        Commission under this section.

Consequently, since 1966, the Federal Maritime Commission has 
used provisions of the Shipping Act, 1916 (``1916 Act'') to 
administer its responsibilities under Pub. L. 89-777, including 
enforcement of the bond requirements. However, recent 
legislative changes to the Interstate Commerce Commission 
(``ICC'') may have inadvertently affected the FMC's ability to 
continue to employ the 1916 Act to conduct proceedings under 
Pub. L. 89-777. The Conference substitute corrected this by 
allowing the 1984 Act authority to be used in lieu of the 
identical 1916 Act authority.

        section 747. technical corrections to references to icc

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute amends section 27 of the 
Merchant Marine Act, 1920, to replace the reference to the 
``Interstate Commerce Commission'' with its successor, the 
``Surface Transportation Board.''

                    Title VIII--Pollution From Ships

            SECTION 801. PREVENTION OF POLLUTION FROM SHIPS

      Section 801 of the Senate bill amends section 6 of the 
Act to Prevent Pollution from Ships (APPS) to require that the 
Secretary of Transportation inspect waste reception facilities 
prior to issuing a certificate of adequacy, and would provide 
for automatic expiration of certificates after five years, or 
sooner if there is a change in operator or if the certificate 
is suspended or revoked. In addition, this section would 
encourage public participation by making available a current 
list of certificates of status at ports and by requiring that 
ports post placards containing telephone numbers where citizens 
can call to report inadequate reception facilities.
      The House amendment has no comparable provision.
      The Conference substitute adopts the Senate provision.

       SECTION 802. MARINE PLASTIC POLLUTION RESEARCH AND CONTROL

      Section 802(a) of the Senate bill amends section 2201(a) 
of the Marine Plastic Pollution Research and Control Act of 
1987 (MPPRCA) (33 U.S.C. 1902 note) to extend indefinitely the 
requirement that the Secretary report to Congress biennially on 
compliance with MARPOL Annex V. This subsection would also 
require that a list of enforcement actions taken against any 
domestic or foreign ship pursuant to APPS be published in the 
Register on an annual basis.
      Section 802(b) amends section 2203 of the MPPRCA to: (1) 
establish a Marine Debris Coordinating Committee; and (2) 
direct the Environmental Protection Agency and the National 
Oceanic and Atmospheric Administration to use the marine debris 
data collected under title V of MPPRCA to assist that Committee 
in ensuring coordination of research, monitoring, education, 
and regulatory actions and assist the Coast Guard in assessing 
the effectivenes of MPPRCA and APPS.
      Section 802(c) amends section 2204(a) of MPPRCA, 
extending indefinitely the authorization for cooperative public 
outreach and educational programs. This subsection also 
specifies activities that could be included in outreach 
programs and would require that such programs provide the 
public with information on how to report violations of the 
MPPRCA and APPS. In developing these programs, the Committee 
directs Federal agencies to consult with state or local 
agencies that have direct contact with recreational and 
commercial boaters. Finally, this subsection would authorize 
the Coast Guard, the National Oceanic and Atmospheric 
Administration, and the Environmental Protection Agency to 
award grants and enter into cooperative agreements for 
implementing public outreach programs.
      The House amendment has no comparable provision.
      The Conference substitute adopts the Senate provision.

                     Title IX--Towing Vessel Safety

   section 901. reduction of oil spills from non-self-propelled tank 
                                vessels

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute adopts an amendment regarding 
towing vessels.

         section 902. requirement for fire suppression devices

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute adopts an amendment regarding 
fire suppression devices.

   section 903. studies addressing various sources of oil spill risk

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute adopts an amendment regarding 
oil spills.

                          Title X--Conveyances

                section 1001. conveyance of lighthouses

      Section 1001(a)(3)(A) of the Senate bill authorizes the 
transfer of the Cape Ann Lighthouse and surrounding Coast Guard 
property located on Thachers Island, Massachusetts, to the Town 
of Rockport, Massachusetts. Section 1003 of the Senate bill 
authorizes the transfer of the property comprising Squirrel 
Point Light located in Arrowsic, Maine, to Squirrel Point 
Associates, Incorporated. Section 1004 of this bill authorizes 
the transfer of the property comprising Montauk Light Station 
located in Montauk, New York, to the Montauk Historical 
Association. Finally, Section 1005 of the Senate bill 
authorizes the transfer of the property comprising Point Arena 
Light Station located in Mendocino County, California to the 
Point Arena Lighthouse Keepers, Incorporated. In making these 
transfers, the United States would convey all right, title and 
interest, except that the Coast Guard retains ownership of any 
historic artifact. The conveyance of these properties is 
subject to the condition that the properties are maintained in 
a manner that ensures their present and future use for Coast 
Guard aids to navigation and is consistent with the provisions 
of the National Historic Preservation Act of 1996. In addition, 
the Coast Guard continues to have access to the properties for 
the operation and maintenance of aids to navigation.
      Section 424 of the House amendment authorizes the 
transfer of the Cape Ann Lighthouse and section 423 of the 
House amendment authorizes the transfer Montauk Light Station. 
The conditions of transfer from the United States are similar 
to the Senate provisions.
      Section 1001 of the Conference substitute combines all of 
these House and Senate lighthouse transfers into one section. 
The Conference substitute also transfers the Presque Isle Light 
Station, Michigan, to Presque Isle Township, Presque Isle 
County, Michigan, the Saint Helena Island Light Station to the 
Great Lakes Lighthouse Keepers Association, and the Cove Point 
Light Station to Calvert County, Maryland. The conditions for 
the transfer of the property from the United States are similar 
to the conditions of the Senate provision.

    section 1002. conveyance of certain lighthouses located in maine

      Section 1002 of the Senate bill authorizes the transfer 
of lighthouse properties located in Maine to the Island 
Institute in Rockland, Maine, and four lighthouse properties 
located in Maine to the United States Fish and Wildlife 
Service. In making the transfer of the 31 lighthouse properties 
to the Island Institute, the United States would convey all 
right, title and interest, except that the Coast Guard would 
retain ownership of any historic artifact from any of the 35 
lighthouses transferred under this section. The Island 
Institute is directed to further transfer 29 of the 31 
lighthouse properties it receives from the Coast Guard to 
eligible Federal agencies, Maine state or local government 
entities, nonprofit corporations, educational agencies, or 
community development organizations. The further conveyances by 
the Island Institute would be subject to approval by the Maine 
Lighthouse Selection Committee the members of which are to be 
appointed by the Secretary. The conveyance of the 35 lighthouse 
properties would be subject to the condition that the 
properties: (1) be used for educational, historic, 
recreational, cultural, and wildlife conservation programs for 
the general public and for other uses that the Secretary of 
Transportation determines are not inconsistent; and (2) are 
maintained in a manner that ensures their present and future 
use for Coast Guard aids to navigation and is consistent with 
the provisions of the National Historic Preservation Act of 
1966 (16 U.S.C. 470 et seq.). In addition, the Coast Guard 
would continue to have access to the properties for the 
operation and maintenance of aids to navigation.
      The House amendment does not contain a comparable 
provision.
      The Conference substitute amends the Senate proposal to 
require that the Secretary of Transportation to transfer 30 
Maine lighthouses to eligible entities recommended by the 
Island Institute, and approved by a Selection Committee. The 
lighthouses must be conveyed within two years of the Act's 
enactment. The substitute further authorizes the transfer of 
four lighthouses to the U.S. Fish and Wildlife Service and two 
lighthouses directly to the Island Institute. The substitute 
identifies eligible entities for receipt of the 30 lighthouses 
and establishes a Maine Lighthouse Selection Committee to 
review and approve the lighthouse transfer recommendations of 
the Island Institute. The terms of all the lighthouse transfers 
are similar to the Senate provision's terms of conveyance.

      section 1003. transfer of Coast Guard property in gosnold, 
                             massachusetts

      Section 1001(a)(3)(B) of the Senate bill authorizes the 
transfer of the Coast Guard Cuttyhunk Boathouse and Wharf 
property located in Gosnold, Massachusetts, to the Town of 
Gosnold, Massachusetts. In making this transfer, the United 
States would convey all right, title and interest, except that 
the Coast Guard retains ownership of any historic artifact. The 
conveyance of this property is subject to the conditions listed 
in the Senate's section 1001, explained above.
      Section 426 of the House amendment also authorizes the 
transfer of the Coast Guard Cuttyhunk Boathouse and Wharf 
property to the Town of Gosnold, Massachusetts. This section 
would condition the conveyance to the Coast Guard retaining 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. The Coast Guard also retains the right of 
ingress to and egress from the property for purposes of access 
to Coast Guard facilities and performance of Coast Guard 
function.
      The Conference substitute adopts the House provision.

       section 1004. conveyance of property in ketchikan, alaska

      Section 1006 of the Senate bill transfers approximately 
\3/4\ of an acre of excess property in Ketchikan, Alaska, from 
the United States to the Ketchikan Indian Corporation. The 
property is adjacent to Ketchikan Hospital and will be used by 
the Ketchikan Indian Corporation as the site for a new health 
or social services facility. The property shall transfer to the 
City of Ketchikan if, within 18 months of the Act's enactment, 
the Ketchikan Indian Corporation has not completed design and 
construction plans for a health and social services facility 
and received approval from the City of Ketchikan for such plans 
or the written consent of the City to exceed this period. The 
ownership of this property reverts to the United States if the 
property ceases to be used by the City of Ketchikan.
      Section 402 of the House amendment is similar to the 
Senate provision.
      The Conference substitute adopts the Senate provision 
with an amendment.

    section 1005. conveyance of property in traverse city, michigan

      Section 1007 of the Senate bill directs the Secretary of 
Transportation to transfer approximately 27 acres of excess 
property located in Traverse City, Michigan, from the Coast 
Guard to the Traverse City Area Public School District. This 
property will be used by the School District for athletic 
fields. The ownership of this property reverts to the United 
States if the Traverse City Area School District ceases to use 
the property for the statutorily authorized purposes. The 
United States shall continue to operate and maintain a pump 
room located on the property for as long as it is needed by the 
United States.
      Section 401 of the House amendment is similar to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

 section 1006. transfer of coast guard property in new shoreham, rhode 
                                 island

      Section 1008 of the Senate bill authorizes the Secretary 
of Transportation to transfer approximately 10.7 acres of 
property known as Coast Guard Station Block Island located on 
Block Island, Rhode Island, to the Town of New Shoreham, Rhode 
Island. The ownership of this property reverts to the United 
States if the property, or any part of the property, ceases to 
be used by the Town of New Shoreham, Rhode Island.
      Section 427 of the House amendment is similar to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

     section 1007. conveyance of property in santa cruz, california

      Section 1009 in the Senate bill authorizes the Secretary 
to transfer the Coast Guard property located in Santa Cruz, 
California, to the Santa Cruz Port District. In making this 
transfer, the United States would convey all right, title and 
interest. The conveyance of this property would be subject to 
the conditions that: the property be available for joint use by 
the Coast Guard and the Port District; the Port District would 
be responsible for the cost of maintaining, operating, and 
replacing the utility systems, buildings, and facilities; the 
site be maintained as a nonprofit center for education, 
training, administration, and other public service to include 
use by the Coast Guard; and the site be returned to the 
Secretary after 30 days notice that it is needed for national 
security purposes.
      The House amendment has no comparable provision.
      The Conference substitute adopts the Senate provision.

         section 1008. conveyance of vessel s/s red oak victory

      Section 1010 of the Senate bill authorizes the Secretary 
to transfer the National Defense Reserve Fleet (NDRF) vessel S/
S Red Oak Victory (Victory Ship VCS-AP2; U.S. Navy Hull No. 
AK235) to the City of Richmond Museum Association, 
Incorporated, located in Richmond, California. In making this 
transfer, the United States would convey all right, title and 
interest. The conveyance of this property would be subject to 
the condition that: (1) the vessel be used for the purposes of 
a monument to the wartime accomplishments of the City of 
Richmond; (2) the vessel not be used for commercial 
transportation purposes; (3) the recipient agrees to make the 
vessel available to the government if the Secretary requires 
the vessel for war or national emergency; (4) the recipient 
agrees to hold the Federal government harmless for any claims 
arising from exposure to asbestos after transfer of the vessel, 
except for claims arising from use by the government for war or 
national emergency; and (5) and the recipient has available, 
for use to restore the vessel, in the form of cash, liquid 
assets, or written loan commitment, financial resources of at 
least $100,000.
      The conveyance, if made, would transfer the vessel in its 
present condition, without any cost to the Federal government, 
to the recipient. The Secretary also would be authorized to 
transfer unneeded equipment from other NDRF vessels to restore 
the vessel to museum quality. Finally, the Secretary would be 
required to retain the vessel in the NDRF for the earlier of 
two years from the date of enactment of the reported bill or 
until the vessel is conveyed, whichever date is earlier.
      The House amendment has no comparable provision.
      The Conference substitute adopts the Senate provision 
with an amendment.

                 section 1009. conveyance of equipment

      Section 1011 of the Senate bill conveys 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.
      The House amendment does not contain a comparable 
provision.
      The Conference substitute adopts the Senate provision.

                    section 1010. property exchange

      Section 1012 of the Senate bill authorizes the Secretary 
of Transportation to accept a property exchange within the 
limits of the City and Borough of Juneau, Alaska, if the 
Secretary determines that the exchange is in the best interest 
of the Coast Guard.
      The House amendment does not contain a comparable 
provision.
      The Conference substitute adopts the Senate provision.

  section 1011. authority to convey whitefish point light station land

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute authorizes the conveyance of a 
portion of the land located at the United States Coast Guard 
Whitefish Point Light Station to the Great Lakes Shipwreck 
Historical Society. The remainder of the property is split 
between the U.S. Fish and Wildlife Service and the Michigan 
Audubon Society. For a description of the property to be 
transferred, please refer to H.R. 2611, as introduced.

   section 1012. conveyance of parramore beach coast guard station, 
                                virginia

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute conveys the Parramore Beach 
Coast Guard Station, Virginia, to the Nature Conservancy.

              section 1013. conveyance of jeremiah o'brien

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute authorizes the Secretary of 
Transportation to convey the obsolete ship Jeremiah O'Brien to 
a nonprofit corporation as a merchant marine memorial museum. 
To assure the success of the museum, the recipient must have an 
established track record of maintaining a Liberty Ship for the 
public's benefit.

                        Title XI--Miscellaneous

                  section 1101. florida avenue bridge

      Section 1101 of the Senate bill deems the drainage siphon 
adjacent to the Florida Avenue Bridge in New Orleans, 
Louisiana, to be an appurtenance of the bridge, pursuant to the 
Truman-Hobbs Act. In 1992, the Florida Avenue Bridge was 
declared to be an ``unreasonable obstruction to navigation'' 
under the Truman-Hobbs Act. Since that time, funds have been 
appropriated by Congress to commence planning and engineering 
for the replacement of the bridge.
      The Coast Guard has determined that the drainage siphon, 
which is connected to the bridge's southern fender, must be 
removed to widen the channel sufficiently and restore the 
necessary navigability for commercial vessels on the Gulf 
Intracoastal Waterway. By declaring the siphon an appurtenance, 
its removal qualifies for funding under the Truman-Hobbs Act.
      Section 302 of the House amendment is similar to the 
Senate provision.
      The Conference substitute adopts the Senate provision. As 
a result of the enactment of this provision, and the 
appropriation of sufficient funds in the current Coast Guard 
budget, the conferees expect that the Coast Guard will initiate 
construction on the replacement Florida Avenue Bridge as soon 
as possible in FY 97. The hazardous conditions that exist as a 
result of the current bridge must be rectified without delay in 
order to ensure the free flow of commerce on the Industrial 
Canal in the Port of New Orleans.

               section 1102. oil spill recovery institute

      Section 1102 of the Senate bill authorizes the Prince 
William Sound Oil Spill Recovery Institute (OSRI), which is 
authorized under section 5001 of the Oil Pollution Act of 1990, 
to fund research using the interest earned on the $22.5 million 
it is authorized to spend from the Oil Spill Liability Trust 
Fund, which was transferred from the Trans-Alaska Pipeline Fund 
in December of 1994.
      This section also scales back the size of the OSRI 
Advisory Board from 18 members to 16 members.
      The House amendment has no comparable provision.
      The Conference substitute adopts the Senate provision 
with amendments.

              section 1103. limited double-hull exemptions

      Section 1103 of the Senate bill amends section 3703a of 
title 46, United States Code, to exempt certain vessels from 
the double-hull construction requirements of the Oil Pollution 
Act of 1990. This section exempts those double-hulled U.S.-flag 
vessels delivered before August 12, 1992, from the OPA 90 
double-hull requirements. This section also exempts barges of 
less than 1,500 gross tons that are primarily used to carry 
deck cargo and bulk fuel to Alaska Native villages from the OPA 
90 double-hull requirements. The section also exempts vessels 
in the National Defense Reserve Fleet from the double-hull 
requirements.
      Section 416 of the House amendment differs from the 
Senate provision by exempting all vessels, not just U.S.-flag 
vessels, equipped with a double-hull before August 12, 1992, 
from the OPA 90 double-hull requirements. The House bill also 
exempts Alaskan barges of less than 2,000 gross tons, rather 
than 1,500 gross tons, from the OPA 90 double-hull 
requirements.
      The Conference substitute adopts the Senate provision 
with several amendments.

                SECTION 1104. OIL SPILL RESPONSE VESSELS

      Section 1104(a) of the Senate bill amends section 2101 of 
title 46, United States Code, to define an ``oil spill response 
vessel'' (OSRV) as 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. Under 
the amendments made by this section, the Coast Guard is 
required to establish a new regulatory system for OSRVs.
      Section 1104(b) adds a new subsection (f) to section 3702 
of title 46, United States Code, to exempt OSRVs from the tank 
vessel requirements of chapter 37 of title 46, United States 
Code. Section 1104(b) also divides OSRVs into two distinct 
categories. The first category addresses dedicated response 
vessels which are used only in spill response related 
activities. These vessels are not certified for any other type 
of service other than response. This category includes barges 
which are not used for carriage of oil in bulk as cargo and in 
some cases will never contain oil. There is no tonnage limit in 
this category. The second category recognizes that some vessels 
are dual-certified. This category exempts vessels from tank 
vessel requirements only when designated in the certificate for 
inspection as a response vessel and only when actually engaged 
in spill response related activities. This category is limited 
to 500 gross tons.
      Section 1104(c) and 1104(d) amend sections 8104 and 8301 
of title 46, United States Code, to authorize the Secretary of 
Transportation to prescribe watch standing and licensing 
requirements for OSRVs.
      Section 1104(e) amends the requirements for Merchant 
Mariner's Documents (MMDs) under section 8701 of title 46, 
United States Code, by providing the Secretary with the 
flexibility to prescribe which, if any, individuals onboard an 
OSRV should be required to hold an MMD.
      Section 1104(f) amends section 8905 of title 46, United 
States Code, to clarify that a person licensed to operate 
towing vessels should not be required to operate vessels 
engaged in oil spill response or training activities. 
Currently, section 8904 of title 46, United States Code, 
requires that a towing vessel that is at least 26 feet in 
length be operated by a licensed individual. These provisions 
are not intended to apply to vessels towing in an emergency or 
on an intermittent basis during oil spill response or training.
      Section 1104(g)) amends section 3301 of title 46, United 
States Code, to establish a new vessel inspection category for 
OSRVs.
      Section 417 of the House amendment is similar to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

          SECTION 1105. SERVICE IN CERTAIN SUITS IN ADMIRALTY

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute corrects the service of process 
provisions contained in the Suits in Admiralty Act, (46 App. 
U.S.C. Sec. 742). Those provisions are different from the 
service provision in Rule 4 of the Federal Rules of Civil 
Procedure. Under the proposed amendments, the general service 
of process procedures in Civil Rule 4 would apply to all civil 
cases, including admiralty and non-admiralty cases.
      Section 742 was enacted before the Federal Rules of Civil 
Procedure were adopted, and there is no apparent remaining 
reason to treat suits in admiralty differently than other civil 
actions. Rule 4(i) of the Federal Rules of Civil Procedure 
currently governs service upon the United States in all other 
civil cases.
      The Conference substitute deletes the service of process 
provisions contained in the Suits in Admiralty Act, which are 
different from the service provisions in Rule 4 of the Federal 
Rules of Civil Procedure. The general service of process 
procedures in Civil Rule 4 would apply to all civil cases, 
including admiralty and non-admiralty cases.

              SECTION 1106. AMENDMENTS TO THE JOHNSON ACT

      Section 1106 of the Senate bill resolves a conflict 
between certain Federal and state laws involving authorized 
gambling aboard cruise vessels. Section 1106 amends 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'', to prohibit a 
state from regulating gambling in international waters during 
the intrastate segment of a voyage that begins or ends in the 
same state or U.S. possession and is part of a voyage to 
another state or country. States may still regulate gambling in 
state waters, on ``voyages to nowhere,'' and on other state 
voyages. The section does not apply to a voyage within the 
boundaries of the State of Hawaii.
      Section 408 of the House amendment is identical to the 
Senate section 1106. In addition, section 425 of the House 
amendment amends the Johnson Act to allow the State of Indiana 
to permit gambling aboard vessels that begin voyages within the 
territorial waters of Indiana and that do not leave the 
territorial jurisdiction of that state.
      The Conference substitute adopts the House provision, 
with an amendment that allows gambling on vessels which provide 
sleeping accommodations for all of its passengers if the vessel 
is on a voyage (or the segment of a voyage) that is of at least 
60 hours and that includes a stop in Canada or in a State other 
than the State of Alaska and also includes stops in at least 2 
different ports in Alaska. The amendment only applies to 
traditional cruises, not so called ``cruises to nowhere''.

 section 1107. lower columbia river maritime fire and safety activities

      Section 1107 of the Senate bill authorizes the Secretary 
to expend out of amounts appropriated for the Coast Guard for 
fiscal year 1996 not more than $491,000 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.
      The House amendment contains no comparable provision.
      The Conference substitute authorizes $940,000 to complete 
the activities of the Maritime Fire and Safety Association.

             SECTION 1108. OIL POLLUTION RESEARCH TRAINING

      Section 1108 of the Senate bill amends section 
7001(c)(2)(D) of the Oil Pollution Act of 1990 to allow 
research and training to be conducted at the Center for Marine 
Training and Safety in Galveston, Texas, which is a Texas A&M; 
University facility. Currently, OPA 90 authorizes oil pollution 
research and training on innovative oil pollution technology to 
be conducted using, as appropriate, the National Spill Control 
School in Corpus Christi, Texas, another Texas A&M; University 
facility.
      The House amendment contains no comparable provision.
      The Conference substitute adopts the Senate provision.

section 1109. limitation on relocation of houston and galveston marine 
                             safety offices

      Section 1109 of the Senate bill prohibits the Secretary 
of Transportation from relocating the Coast Guard Marine Safety 
Offices in Galveston, Texas, and Houston, Texas. Nothing in 
this section prevents the consolidation of management functions 
of these Coast Guard authorities.
      Section 421 of the House amendment prohibits the 
consolidation and relocation of the Coast Guard Marine Safety 
Offices in Galveston, Texas, and Houston, Texas.
      The Conference substitute adopts the Senate provision.

             section 1110. uninspected fish tender vessels

      Section 1110 of the Senate bill clarifies section 3302 of 
title 46, United States Code, relating to the carriage of cargo 
in uninspected fish-tender vessels providing service outside 
the Aleutian trade geographic region. Section 3302(c)(3) of 
title 46, United States Code, permits uninspected fish-tender 
vessels of not more than 500 gross tons to carry: (1) cargo to 
or from a place in Alaska that does not receive weekly common 
carrier service by water from a place in the United States; or 
(2) cargo which is of the type not accepted by that common 
carrier service. The Coast Guard has interpreted this weekly 
common carrier test to apply only to general cargo. Section 
1110 applies the weekly common carrier service test to all 
cargo which is of the type accepted by common carriers. Such 
cargo includes frozen fish products, canning components, 
cardboard, salt, and other materials directly related to 
fishing or the preparation of fish.
      The House amendment has no comparable provision.
      The Conference substitute adopts the Senate provision 
with several amendments. The Conferees have sought to clarify 
the law governing the carriage of cargo for hire by uninspected 
fish tender vessels to ports in Alaska outside of the Aleutian 
trade geographic region. The Conferees agree that such 
uninspected vessels are to be limited to the carriage of 
proprietary cargo and any cargo of a type not accepted by 
common carriers to communities being served weekly by common 
carriers, and a definition of ``proprietary cargo'' has been 
provided in the statute. The Conferees understand that there is 
at least one company in Alaska which owns both uninspected 
tender vessels and a number of marine supply stores. These 
vessels are currently being used to carry retail marine 
supplies for the affiliated marine supply stores. The bill 
language is drafted to permit the proprietary carriage of the 
retail inventory for these affiliated marine supply stores by 
the uninspected tender vessels.

            section 1111. foreign passenger vessel user fees

      Section 1111 of the Senate bill authorizes the Coast 
Guard to collect user fees for the full cost of inspecting 
foreign passenger vessels. Section 3303(b) of title 46, United 
States Code, currently requires the Secretary of Transportation 
to collect the same fees for the inspection of foreign 
passenger vessels that a foreign country charges U.S. vessels 
at the ports of that country. Because the United States 
currently has no passenger vessels that call at foreign ports, 
the Coast Guard is prohibited from charging foreign passenger 
vessels fees to recover the costs of examining those vessels in 
U.S. ports. Section 1111 of this bill strikes subsection (b) of 
section 3303, title 46, United States Code, to allow the Coast 
Guard to collect user fees for examining foreign passenger 
vessels.
      Section 301 of the House amendment is similar to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

                  section 1112. coast guard user fees

      Section 1112 of the Senate bill sets upper limits on user 
fees of $300 annually for small passenger vessels under 65 feet 
in length and $600 annually for passenger vessels 65 feet or 
longer. In addition, section 1112 exempts publicly-owned 
ferries these fees.
      Section 431 of the House amendment prohibits the 
Secretary of Transportation from assessing or collecting a fee 
or charge from any ferry vessel.
      The Conference substitute adopts the Senate provision 
with a technical amendment.

                     section 1113. vessel financing

      Section 1113(a) of the Senate bill amends section 31322 
of title 46, United States Code, to broaden the categories of 
persons eligible to be mortgagees for U.S.-flag vessels without 
the approval of the Secretary.
      Section 1113(b) of the Senate bill amends section 31328 
of title 46, United States Code, to broaden the categories of 
persons eligible to act as trustees for ship mortgage purposes 
to include persons eligible to own a documented vessel under 
chapter 121 of the title.
      Section 1113(c) of the Senate bill differs from section 
409(d) of the House amendment in several important ways. The 
Senate section eliminates the citizenship requirement for 
leasing companies only when the leasing company is primarily 
engaged in leasing or other financing transactions. Section 
1113(c) further differs from the House amendment by not 
allowing vessels with coastwise fishery endorsements from using 
a foreign leasing agent.
      Section 409(a) of the House amendment amends section 
31322 of title 46, United States Code, to eliminate all 
restrictions on persons that may be a mortgagee for a U.S.-flag 
vessel. This amendment is intended to promote vessel financing.
      Section 409(b) of the House amendment repeals section 
31328 of title 46, United States Code, which provided for the 
establishment of Westhampton Trusts. This section is no longer 
needed since all restrictions on mortgagees have been 
eliminated.
      Section 409(c) of the House amendment makes conforming 
changes to section 9(c) of the Shipping Act, 1916, (46 App. 
U.S.C. 808) to eliminate the need to obtain permission from the 
Secretary before using a foreign mortgagees.
      Section 409(d) of the House amendment amends section 
12106 of title 46, United States Code, to promote lease 
financing for vessels engaged in the coastwise trade by 
eliminating citizenship requirements for leasing companies. 
Currently, there are no citizenship requirements on leasing 
companies that finance vessels that have Great Lakes or 
Registry endorsements. Section 409(d) will also allow these 
companies to finance vessels that have coastwise endorsements.
      Section 409(d) amends section 12106 of title 46, United 
States Code, to authorize the Secretary to issue coastwise 
endorsements for vessels owned by any leasing company that is 
eligible to own a documented vessel. However, if the leasing 
company is not a U.S. citizen under section 2 of the Shipping 
Act, 1916, the vessel may only be operated in the coastwise 
trade if the vessel is operated under a demise charter to a 
section 2 citizen for a period of at least three years. It is 
expected that most of the charters will be long-term charters. 
However, once the initial long-term charter has expired, the 
leasing company may find it necessary to enter into short-term 
charters until another long-term charter is obtained. The lease 
agreement need not remain in effect for the full three years if 
there is a default by the lessee or a casualty or other event 
where the lease might be terminated by the vessel owner or 
lessee prior to the expiration of that period.
      The Secretary of Transportation may also authorize leases 
for a period shorter than three years under appropriate 
circumstances such as when a vessel's remaining useful life 
would not support a lease of three years or to preserve the use 
or possession of the vessel. The section also provides that on 
termination of a demise charter, the coastwise endorsement may 
be continued for a period not to exceed six months on any terms 
and conditions that the Secretary may prescribe. This will 
allow the leasing company to move the vessel, maintain it, have 
it repaired, or layed-up, but does not allow the vessel to be 
used in the coastwise trade since it is not under a charter to 
a section 2 citizen.
      The Conference substitute adopts the House amendment with 
several amendments. The provision also requires the Department 
of Transportation to conduct a study on the methods for leasing 
and financing of vessels operating in the coastal trades of 
other countries and whether the laws of other countries provide 
reciprocity for U.S. banks, leasing companies or other 
financial institutions with respect to the new leasing 
provisions in this section.
      In 1988, Congress began easing the restrictions on 
persons that can be mortgagees for U.S.-flag vessels by 
eliminating all restrictions on mortgagees for recreational 
vessels and fishing industry vessels. Additionally, the 
Secretary of Transportation was authorized to approve any other 
person to be a mortgagee for vessels with coastwise and 
registry endorsements.
      Section 1113(a) of the Conference substitute amends 
section 31322 of title 46, United States Code, to eliminate all 
restrictions on persons that may be a mortgagee for a U.S.-flag 
vessel. This amendment is intended to promote vessel financing. 
U.S. vessel owners should be able to obtain the cheapest 
financing available anywhere in the world in the same manner as 
their foreign competition without having to get approval from 
the Secretary. In the past, U.S. operators could obtain this 
financing by setting up a trust in a U.S. bank. These trusts, 
called ``Westhampton Trusts,'' resulted in additional costs to 
the U.S. vessel owners without giving any real protection to 
the Government to control the vessel.
      Section 1113(b) repeals section 31328 of title 46, United 
States Code, which provided for the establishment of 
Westhampton Trusts. This section is no longer needed since all 
restrictions on mortgagees have been eliminated.
      Section 1113(c) makes conforming changes to section 9(c) 
of the Shipping Act, 1916 (46 App. U.S.C. 808) to eliminate the 
need to obtain permission from the Secretary before using a 
foreign mortgagee.
      Section 1113(d) of the Conference substitute amends 
section 12106 of title 46, United States Code, to promote lease 
financing for vessels engaged in the coastwise trade by 
eliminating citizenship requirements for leasing companies. 
Lease financing has become a very common way to finance capital 
assets in many industries, including the maritime industry. 
Many vessel operators choose to acquire or build vessels 
through lease financing instead of traditional mortgage 
financing. Currently, there are no citizenship requirements on 
leasing companies that finance vessels that have registry 
endorsements. Section 1113(d) will also allow these companies 
to finance vessels that have coastwise endorsements.
      The overall purpose of section 1113(d) of the Conference 
substitute is to eliminate technical impediments to using 
various techniques for financing vessels operating in the 
domestic trades. At the same time, the Conferees do not intend 
to undermine a basic principle of U.S. maritime law that 
vessels operated in domestic trades must be built in a shipyard 
in the United States and be operated and controlled by American 
citizens, which is vital to United States military and economic 
security.
      Ownership of vessels endorsed with a coastwise 
endorsement must reside either with a person who qualifies as 
an American citizen under section 2 of the Shipping Act, 1916 
(46 App. U.S.C. section 802), or with a person otherwise 
qualified under 46 U.S.C. Sec. 12106. Current law permits oil 
spill response vessels to be owned by non-profit entities which 
may not meet the technical requirements for U.S. citizenship. 
46 U.S.C. Sec. 12106(d).
      Section 1113(d) of the Conference substitute adds a new 
subsection (e) to section 12106 which would permit a coastwise 
endorsement for non-U.S. citizen vessel ownership where (1) 
ownership is primarily a financial investment in the vessel 
without the ability and intent to control the vessel's 
operations by a person not primarily engaged in the direct 
operation or management of vessels and (2) where the owner has 
transferred to a qualified American citizen full possession, 
control and command of the U.S. built vessel in a demise 
charter and the demise charterer is considered the owner pro 
hac vice during the charter term. It is intended that banks, 
leasing companies or other financial institutions qualify as 
owners of U.S.-flag vessels under this section even if they 
have a vessel owning and operating affiliate so long as the 
majority of the aggregate revenues of any such group are not 
derived from the operation or management of vessels by group 
members. Groups primarily engaged in the operation or 
management of commercial foreign-flag vessels used for the 
carriage of cargo for unrelated third parties will not qualify 
under this section.
      Section 1113(d) of the Conference substitute amends 
section 12106 of title 46, United States Code, to authorize the 
Secretary to issue coastwise endorsements for vessels owned by 
any leasing company that is eligible to own a documented 
vessel. However, if the leasing company is not a U.S. citizen 
under section 2 of the Shipping Act, 1916, the vessel may only 
be operated in the coast trade if the vessel is operated under 
a demise charter to a section 2 citizen for a period of at 
least three years. It is expected that most of the charters 
will be long-term charters until another long-term charter is 
obtained. The lease agreement need not remain in effect for the 
full three years if there is a default by the lessee or a 
casualty or other event where the lease might be terminated by 
the vessel owner or lessee prior to the expiration of that 
period.
      The Secretary may also authorize leases for a period 
shorter than three years under appropriate circumstances such 
as when a vessel's remaining useful life would not support a 
lease of three years or to preserve the use of possession of 
the vessel. The section also provides that on termination of a 
demise charter, the coastwise endorsement may be continued for 
a period not to exceed six months on any terms and conditions 
that the Secretary may prescribe. This will allow the leasing 
company to move the vessel, maintain it, have it repaired, or 
layed-up, but does not allow the vessel to be used in the 
coastwise trade since it is not under a charter to a section 2 
citizen.
      The Secretary shall establish as part of the vessel 
documentation procedures administered by the Coast Guard, or 
its successor, the necessary regulations to administer new 
subsection (e) and the filing of demise charter, and any 
amendments thereto, for vessels issued a coastwise endorsement 
under this provision. Provision shall also be made so that 
proprietary information contained in a demise charter shall not 
be disclosed to the public under this new subsection (e). The 
Coast Guard is directed to develop regulations governing the 
filing of false certifications under (e)(12)(C) with an 
application for documentation for a coastwise endorsement of a 
U.S. built vessel. The Coast Guard is also directed to conduct 
a study regarding reciprocity of foreign leasing laws.

 section 1114. manning and watch requirements on towing vessels on the 
                              great lakes

      Section 1114 of the Senate bill amends section 8104 of 
title 46, United States Code, to conform the manning 
requirements for Great Lakes towing vessels to the requirements 
for towing vessels operating in other parts of the country. 
Section 1114(a) of this section amends section 8104(c) of title 
46 to permit licensed individuals and seamen aboard Great Lakes 
towing vessels to work no more than 15 hours in any 24-hour 
period, or more than 36 hours in any 72-hour period. Section 
1114 also amends section 8104(e) of title 46 to allow crewmen 
to work in both the deck and engine departments of a towing 
vessel operating on the Great Lakes. Finally, the section 
amends section 8104(g) of title 46, United States Code, to 
allow the licensed individuals and crewmembers aboard Great 
Lakes towing vessels to be divided in two watches, rather than 
the current three watch requirement.
      Section 419 of the House amendment is identical to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

            section 1115. Repeal of great lakes endorsements

      Section 1115 of the Senate bill corrects an error in the 
Coast Guard Authorization Act of 1989 (Public Law 101-225) 
which made technical changes to the Coast Guard vessel 
documentation scheme. These changes reflect the conversion from 
a system of separate and distinct types of documents based on 
the use of the vessel to a system of multiple endorsements for 
a particular trade or use. These changes unintentionally added 
all of the requirements of the U.S. coastwise trade (Jones Act) 
to all vessels operating on the Great Lakes, even those only 
trading between the United States and Canada. This section 
permits U.S.-flag vessels to trade between the United States 
and Canada with a certificate of documentation with a registry 
endorsement. However, a vessel engaged in the coastwise trade 
or fisheries on the Great Lakes must meet all the requirements 
necessary to obtain coastwise or fisheries endorsements.
      Section 746 of the House amendment is similar to the 
Senate provision.
      The Conference substitute adopts the Senate provision 
with an amendment.

   section 1116. relief from united states documentation requirements

      Section 1116 of the Senate bill would authorize nine 
specific vessels to be sold to a person that is not a citizen 
of the United States and to be transferred or placed under 
foreign registry, notwithstanding the Construction-Differential 
Subsidy requirements. Currently, U.S.-flag vessels built with 
the assistance of a Construction-Differential Subsidy are 
required to be owned by United States citizens and documented 
under the laws of the United States for a period of 25 years.
      Section 609 of the House amendment allows the vessel MV 
Platte to be sold to a non U.S. citizen.
      The Conference substitute amends the Senate provision by 
deleting the vessels Rainbow Hope, Iowa Trader, and Kansas 
Trader, and adding the vessels Bay Ridge and Coastal Golden.

 section 1117. use of foreign registry oil spill response and recovery 
                                vessels

      Section 1117 of the Senate bill allows oil spill response 
and recovery vessels of Canadian registry to operate in waters 
of the United States adjacent to the border between Canada and 
the State of Maine, on an emergency basis, in the event of an 
oil spill. These vessels could only be used if there were not 
enough U.S.-flag recovery vessels available during an oil 
spill.
      The House amendment does not contain a comparable 
provision.
      The Conference substitute expands the Senate provision to 
the use of any foreign registered oil spill response vessel 
throughout the United States.

  section 1118. judicial sale of certain documented vessels to aliens

      Section 1118 of the Senate bill amends section 31329 of 
title 46, United States Code, to allow for the sale, by order 
of a District Court, of recreational vessels to non-U.S. 
citizens. This would conform the conditions for the judicial 
sale of these vessels to the conditions for their private sale 
under section 9(c) of the Shipping Act of 1916 (46 App. U.S.C. 
808(c)). In the past, the provisions of section 31329 of title 
46 have unreasonably restricted the foreign sales of 
recreational vessels and the ability of subsequent U.S. owners 
to document the vessels.
      Section 405 of the House amendment is similar to the 
Senate provision, but also allows the sale, by an order of a 
court, of documented fishing industry vessels.
      The Conference substitute adopts the House amendment with 
several technical amendments.

      section 1119. improved authority to sell recyclable material

      Section 1119 of the Senate bill amends section 641(c)(2) 
of title 14, United States Code, to exempt sales by the Coast 
Guard of recyclable materials for which the proceeds of sale 
will not exceed $5,000 from current excess property disposal 
requirements for the sale of recyclable materials. This section 
also authorizes the Coast Guard to make these small sales under 
regulations prescribed by the Commandant.
      Section 406 of the House amendment is identical.
      The Conference substitute adopts the Senate provision.

             section 1120. documentation of certain vessels

      Section 1120 of the Senate bill waives certain U.S. 
coastwise trade laws for 65 individually listed vessels.
      Section 601 of the House amendment authorizes the 
Secretary of Transportation to issue a certificate of 
documentation with a coastwise endorsement for a vessel that is 
less than 200 gross tons, is eligible for documentation, was 
built in the United States, and was sold foreign or placed in a 
foreign registry. Section 602 of the amendment provides a 
limited U.S. coastwise trade waiver for the Gallant Lady. 
Section 603 extends the deadline under section 601(d) of the 
Coast Guard Authorization Act of 1993 for the major conversion 
of the vessel M/V Twin Drill from June 30, 1995, to June 30, 
1996. Section 604 grants a U.S. coastwise trade waiver to the 
vessel Rainbow's End. Section 605 of the House amendment grants 
a U.S. coastwise trade waiver to the vessel Gleam. Section 606 
of the House amendment grants a U.S. coastwise trade waiver to 
25 individually listed vessels. Section 607 grants a U.S. 
coastwise trade waiver to four barges owned by McLean 
Contracting Company.
      The Conference substitute adopts all the House and Senate 
provisions. The substitute also allows an additional number of 
individually listed vessels to engage in the U.S. coastwise 
trade. Subsection (f) entitles any vessel that either is 
foreign built prior to the date of enactment of this Act and 
documented under the U.S. registry or is documented under the 
U.S.-flag before the date of enactment, placed under foreign 
registry and subsequently redocumented under U.S. registry, to 
transport liquefied natural gas or liquefied petroleum gas to 
Puerto Rico. Subsection (g) deems the coastwise qualified 
vessels Coastal Sea and Coastal Merchant to have been 
constructed in the United States.
      Section 608 grants a U.S. coastwise trade waiver for the 
Enchanted Isle and the Enchanted Seas. The Conferees applaud 
the efforts to reinvigorate the U.S. coastwise cruise vessel 
market with the re-entry of these U.S.-built vessels. The 
Conferees are hopeful that these vessels will prove the 
economic viability of U.S.-built, U.S.-documented vessels in 
the U.S. coastwise trade and will serve as the foundation for 
the re-emergence of a U.S.-built, U.S.-flag cruise vessel 
industry.
      The Conferees believe strongly, however, that the re-
entry into the U.S. coastwise trade of older vessels, albeit 
vessels originally constructed in the United States, is merely 
an interim step in the promotion of a U.S.-flag cruise vessel 
industry. Further vessels obtaining eligibility to operate in 
the U.S. coastwise trade should not only be U.S.-built vessels, 
but also vessels new built in the United States.
      The United States is strongly encouraging construction of 
commercial vessels in U.S. shipyards. U.S. Navy shipbuilding 
orders over the next few years are not projected to be 
sufficient to sustain the U.S. shipyard defense mobilization 
base this country needs in the event of a national emergency. 
Other means of maintaining that mobilization base must also be 
employed.
      Fortunately, U.S. shipyards are showing renewed vigor 
with regard to their international commercial competitiveness. 
U.S. shipyards are winning orders for the export of a number of 
commercial vessels. And the conferees understand that U.S. 
shipyards are developing designs for highly marketable cruise 
vessels that can be constructed by such yards and offered at 
prices competitive with European shipyards, the leaders in 
cruise vessel construction. U.S. government programs, including 
the National Defense Features Program, Maritech, and MARAD 
Title XI should be helpful in assisting U.S. shipyards in 
offering competitive prices for cruise vessels.
      The Conferees, therefore, intend the coastwise re-
flagging permissions contained in this provision to be strictly 
limited. Moreover, the Conferees strongly encourage persons 
affected by this section to replace their vessels as soon as 
practicable with newly constructed U.S.-built cruise vessels 
and to take advantage of U.S. Navy and other government 
incentives in such new construction.
      Section 1120(g) of the Conference substitute simply deems 
three forfeiture vessels to be considered to be ``constructed 
in the United States'' for the limited purpose of the Merchant 
Marine Act of 1936, as amended.
      Section 1120(h) of the Conference substitute inserts a 
new section in the Coast Guard Authorization Act for Fiscal 
Year 1996 which authorizes the repayment to the Secretary of 
Transportation of the remaining unamortized construction-
differential subsidy on the tug M/V Janis Guzzle. The repayment 
of the unamortized portion of the construction-differential 
subsidy for the vessel will permanently release it from the 
domestic trading restrictions.

        section 1121. vessel deemed to be a recreational vessel

      Section 1121 of the Senate bill deems an approximately 96 
meter twin screw motor yacht, to be named the Limitless, to be 
a recreational vessel under chapter 43 of title 46, United 
States Code, as along as the vessel does not carry passengers 
for hire or engage in commercial fishing.
      Section 428 of the House amendment is similar to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

section 1122. small passenger vessel pilot inspection program with the 
                           state of minnesota

      Section 1122 of the Senate bill allows the Secretary of 
Transportation to enter into an agreement with the State of 
Minnesota under which the state may inspect small passenger 
vessels operating in the waters of Minnesota under certain 
conditions.
      The House amendment has no comparable provision.
      The Conference substitute adopts the Senate provision. As 
a matter of Constitutional law, the Federal Government has 
responsibility for requirements pertaining to vessel structure, 
design, equipment, and operation. (See Ray v. Atlantic 
Richfield Co., 435 U.S. 151 (1978) and Kelly v. Washington, 302 
U.S. 1 (1937)). Authority to make such regulations are vested 
in the Secretary of Transportation under sections 3306 and 3307 
of title 46, United States Code. Federal uniformity in these 
matters is critical to maintain interstate and international 
commerce, and because the absence of uniformity hinders the 
United States' ability to seek increased international vessel 
standards to better protect the environment.
      However, the Coast Guard is allowed to delegate its' 
authority to non-Federal entities and has delegated its' 
authority to inspect vessels to private classification 
societies such as the American Bureau of Shipping. This section 
establishes a new type of delegation--to a State. However, the 
State must enter into an agreement that will ensure that the 
State will apply the Federal standards to the inspection of 
these vessels. This will guarantee that there will continue to 
be uniformity in the application of the law to all vessels 
subject to Federal jurisdiction in Minnesota.

   section 1123. commonwealth of the northern mariana islands fishing

      Section 1123 of the Senate bill allows an alien employed 
under the immigration laws of the Commonwealth of the Northern 
Mariana Islands (CNMI) to be employed on a fishing vessel in 
the CNMI if the vessel is permanently stationed at a port 
within the Commonwealth.
      The House amendment has no comparable provision.
      The Conference substitute adopts the Senate provision.

 section 1124. availability of extrajudicial remedies upon default of 
                  preferred mortgage liens on vessels

      Section 1124 of the Senate bill establishes a nonjudicial 
alternative for lenders to take possession of a vessel after a 
default.
      Under current law, marine lenders seeking to foreclose 
loans secured by mortgaged vessels must pursue their rights in 
the courts to clearly preserve their right to recover a 
deficiency after the sale of the vessel.
      Section 31325 of title 46, United States Code, provides 
for the foreclosure of a preferred mortgage on a documented 
vessel by an in rem arrest action against the vessel within the 
district court's admiralty jurisdiction. This remedy 
establishes the priority for the mortgage lien as against any 
maritime lien or land-based lien on the vessel and permits the 
vessel to be sold free and clear of liens.
      Under the Uniform Commercial Code in effect in almost 
every state, a secured creditor may take possession of the 
collateral security for the loan upon a default and sell it in 
foreclosure of the creditor's lien. For many years, lender's 
holding preferred mortgages on documented vessels regularly 
exercised this type of ``self-help'' remedy to sell mortgaged 
vessels upon a loan default. Particularly for smaller loans 
secured by recreational vessels, when the debtor raised no 
opposition to repossession and there was little likelihood of 
an adverse maritime lien claim against the vessel, there was no 
reason to go through the time-consuming, expensive procedures 
of an action in court.
      In 1985, the decision in Bank of America National Trust 
and Savings Association v. Fogle, 637 F. Supp. 305, 1986 AMC 
205 (N.D. Cal. 1985) was rendered. In Fogle, the court held 
that in providing for an in rem admiralty remedy in law, 
Congress must have intended to preclude a ``self-help'' remedy 
under state law. The Fogle decision has forced lenders seeking 
to foreclose defaulted loans secured by documented vessels to 
use a court action, even when no controversy requiring judicial 
action is necessary.
      Section 1124(a) of the Senate bill adds a new paragraph 
(3) to section 31325(b) of title 46, United States Code, to 
clarify that the remedies currently available under section 
31325(b) do not preclude the exercise of other lawful rights 
and remedies available to mortgagees, including extrajudicial, 
``self-help'' remedies. New paragraph 31325(b)(3) also supports 
the international recognition of vessel mortgage foreclosures 
under principles of comity and permits a preferred mortgage on 
a U.S.-flag vessel to be foreclosed in a foreign court having 
jurisdiction over the vessel.
      Consistent with existing law, the rights of any maritime 
lien claimant or holder of a preferred mortgage are expressly 
preserved under the amendments made by this section, 
notwithstanding the use of a self-help remedy under state law.
      The amendment will also not affect the remedies available 
under state law to the holder of a security interest which is 
deemed to be a preferred mortgage pursuant to section 31322(d) 
of title 46, United States Code, when the Vessel Identification 
System established under chapter 125 of title 46 is effective.
      Section 1124(b) of this bill requires the person 
exercising the extrajudicial remedy to give notice of the 
remedy to the Coast Guard, to any other mortgage whose mortgage 
is recorded, and to any maritime claimant who has recorded a 
notice of a claim of a lien with the Coast Guard.
      Section 412 of the House amendment is identical to the 
Senate provision.
      The Conference substitute adopts the Senate provision.

 section 1125. offshore facility financial responsibility requirements

      The Senate bill contains a provision regarding offshore 
oil spill evidence of financial responsibility.
      The House amendment also contains a provision.
      The Conference substitute contains a compromise 
amendment.

 section 1126. deauthorization of navigation project, cohasset harbor, 
                             massachusetts

      Section 1126 of the Senate bill deauthorizes a portion of 
the navigation project in Cohasset Harbor, Massachusetts.
      The House amendment has no comparable provision.
      The Conference substitute adopts the Senate provision.

     section 1127. sense of congress; requirement regarding notice

      The Senate bill contains no comparable provision.
      Section 410 of the House amendment expresses the sense of 
the Congress that, to the greatest extent practicable, all 
equipment and products purchased by the Coast Guard should be 
American-made.
      The Conference substitute adopts the House provision.

        section 1128. requirement for procurement of buoy chain

      The Senate bill does not contain a comparable provision.
      Section 429 of the House amendment requires that the 
Coast Guard purchase buoy chain manufactured in the United 
States.
      The Conference substitute adopts the House provision with 
an amendment.

                  section 1129. cruise ship liability

      The Senate bill contains no comparable provision.
      Section 430 of the House amendment makes three changes in 
current maritime law: The first allows foreign ship owners to 
provide that foreign crew members must bring lawsuits for 
damages involving injury or death in appropriate foreign 
courts. The second provision allows a shipowner to invoke a 
state's cap on medical malpractice damages when the shipowner 
is held vicariously liable for a doctor's medical malpractice. 
The third provision prohibits cruise vessel passengers from 
recovering damages for psychological injuries that are not 
accompanied by physical injury or actual risk of physical 
injury.
      The Conference substitute adopts two subsections of the 
House amendment, with amendments. Section 1129(a) of the 
conference substitute provides that in a civil action by any 
person in which the operator or owner of a vessel is claimed to 
have vicarious liability for medical malpractice involving a 
crewmember that occurs to a shoreside facility, to the extent 
the damages resulted from the conduct of any shoreside doctor, 
hospital, medical facility, or other health care provider, the 
owner or operator of the vessel is entitled to rely upon 
statutory limitations applicable to the doctor or other health 
care provider in the state in which the shoreside medical care 
was provided. Section 1129(b) allows an owner or operator of a 
vessel to be relieved from liability for infliction of 
emotional distress under certain conditions. This relief does 
not apply if the emotional distress was the result of physical 
injury to the claimant caused by negligence of the owner, the 
result of the claimant having been at actual risk of physical 
injury, or intentionally inflicted by a crewmember or the owner 
or operator of the vessel (or his manager, agent, or master). 
Nothing in the Conference substitute limits 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.

 section 1130. sense of congress on the implementation of regulations 
                regarding animal fats and vegetable oils

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      In enacting the Edible Oil Regulatory Reform Act, Public 
Law 104-55, the Congress intended that the agencies recognize 
the differences between animal fats and vegetable oils from 
other oils and provide regulatory relief from the burdens of 
various environmental statutes, such as the Oil Pollution Act 
of 1990 and the Federal Water Pollution Control Act. Those 
statutes were enacted to regulate petroleum oil and other toxic 
oils and hazardous substances. Because of the over broad 
definition of oil, those statutes applied to animal fats and 
vegetable oils as well. This provision expresses the sense of 
Congress that agencies responsible for the regulation of animal 
fats and vegetable oils under those laws should consider and 
recognize the differences in these oils and structure different 
regulatory requirements based on those differences. This 
provision also requires the submission of an annual report to 
Congress on the implementation of this policy.
      The Conference substitute expresses the sense of Congress 
that agencies responsible for the regulation of animal fats and 
vegetable oils should consider and recognize the differences 
between these oils and petroleum-based oils and implement 
regulatory requirements reflective of those differences. This 
provision also requires the submission of an annual report to 
Congress on the implementation of this policy.

    section 1131. term of director of the bureau of transportation 
                               statistics

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute provides that when the term of 
the Director of the Bureau of Transportation Statistics (BTS) 
expires, the Director may continue to serve until his or her 
successor is appointed and confirmed. It is important to 
provide for continuity in the leadership of BTS, due to the 
important work that BTS performs.

   section 1132. waiver of certain requirements for historic former 
                       presidential yacht sequoia

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The SEQUOIA was originally constructed in 1925 and served 
as a presidential yacht for over half a century. It is a 
national treasure listed on the Register of the National Trust 
for Historic Preservation. The vessel has been completely 
refurbished and restored in a manner in which its historic 
value has been preserved and the vessel has recently been 
brought up to date. The Conferees intend for the Coast Guard to 
work with the vessel's owners to allow the SEQUOIA to carry 
passengers for hire without imposing requirements that 
compromise the historic integrity of the restoration of the 
vessel or the safety of its passengers.

                   section 1133. vessel requirements

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute (1) extends the original 
expiration date by ten years from 1998 to 2008; (2) expands the 
term ``a vessel''; and (3) modestly expands the permissible 
area of operation beyond inland rivers to include that narrow 
band shoreward of the boundary Line.
      The Conferees urge the Coast Guard to work with the 
owners of the Delta King to assist them in meeting the 
inspection standards in the most cost effective manner 
possible.

              section 1134. existing tank vessel research

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute requires the Secretary of 
Transportation to fully fund certain research projects intended 
to evaluate double-hull alternatives by the end of Fiscal Year 
1997. The substitute also permits the Secretary to use public 
vessels for research in oil pollution technologies which 
prevent or mitigate oil discharges and protect the environment. 
This public vessel use is restricted to projects sponsored by 
the U.S. government so that the status of the vessel as a 
public vessel will not be lost, and so that no additional cost 
will be added to the project.

section 1135. plan for the engineering, design, and retrofitting of the 
                          icebreaker mackinaw

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute requires the Coast Guard to 
submit by May 1, 1997, a plan and cost estimate for the 
engineering, design, and retrofitting of the icebreaker 
Mackinaw.

                  section 1136. cross border financing

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      Currently U.S. companies wanting to purchase vessels and 
then place those vessels under United States registry cannot 
take full advantage of modern financing methods available to 
their foreign competition and other domestic transportation 
sectors. For example, the U.S. airline industry frequently 
acquires aircraft by chartering them from ownership trusts that 
have non-citizen beneficiaries. Many investors view ownership 
trusts as more secure than debt instruments (such as mortgages) 
and trusts sometimes receive favorable treatment under foreign 
tax codes. Furthermore, there is no reason why these trusts 
cannot be structured in a way that preserves U.S. citizen 
control of vessels.
      Under current U.S. law, a vessel owned by a trust is 
eligible for documentation only if all its ``members'' are U.S. 
citizens and it is capable of holding title to a vessel under 
the Laws of the United States or a State. The U.S. Coast Guard 
has interpreted this requirement to mean that a trust 
arrangement is a citizen if each of its trustees and each 
beneficiary with an enforceable interest in the trust is a 
citizen. In contrast, a corporation is a documentation citizen 
if it was established under U.S. law and the CEO, Chairman of 
its board and a sufficient number of board members sufficient 
to establish a quorum are all U.S. citizens. There is no 
requirement that the stock of the corporation be owned by 
citizens, because the purpose of the law is satisfied so long 
as the vessel is controlled by U.S. citizens. Unfortunately, 
the ambiguity of the law with respect to passive beneficiaries 
of trusts is impeding the revitalization of our fleet.
      Under present law, the Secretary of Transportation may 
grant the right to sell or transfer a vessel foreign generally 
only after it is documented under the U.S. flag. Investors will 
not participate in financing vessels using these trusts unless 
they can first be assured that a particular trust instrument 
will meet the documentation test and they have the option to 
sell or transfer the vessel world-wide if the vessel charterer 
subsequently defaults or the charter terminates. It is not 
realistic to expect much enthusiasm from investors unless they 
have reasonable option to protect their assets.
      Section 1136(a) of the Conference substitute amends 
section 12102 of Title 46 to permit documentation of vessels 
subject to ownership trusts under which not all of the 
beneficiaries are U.S. citizens, provided that the trust 
document permits not more than 25% of the authority to direct 
or remove a trustee is held by non-citizens, and the trustee(s) 
gives certain assurances. The conferees intend this section to 
be implemented in the same manner as similar cross border 
leasing transactions as for aircraft administered by the FAA. 
New section 12102(d)(4) provides that a vessel chartered by the 
trust to a citizen of the United States under section 2 of the 
Shipping Act, 1916 is deemed to be a citizen of the United 
States for purposes of that section and related laws such as 
the Capital Construction Fund Program. However, the charterer 
is not considered a section 2 citizen for purposes of new 
subtitle B of title VI of the Merchant Marine Act, 1936 which 
is dealt with separately in this section. The purpose of this 
section is to allow greater flexibility for section 2 citizens 
to use widely used international financing practices to 
decrease the acquisition cost of new vessels.
      Section 1136(b) amends Section 9 of the Shipping Act, 
1916 to permit the Secretary of Transportation to grant, prior 
to the documentation of a vessel, approval for prospective sale 
or transfer foreign of a vessel owned by these trusts. This 
amendment codifies current practices of the Secretary.
      Section 1136(c) provides that for purposes of determining 
whether a vessel is owned and operated by a citizen of the 
United States for participation in the program established 
under subtitle B of title VI of the Merchant Marine Act, 1936, 
a vessel chartered by a trust under section 12102(d)(2) of 
title 46, United States Code (as enacted by subsection (a) of 
this section) is a citizen of the United States under section 2 
of the Shipping Act, 1916 if: (1) the vessel is delivered by a 
shipbuilder on or after May 1, 1995 and before January 31, 
1996; (2) the vessel is owned by a section 2 citizen on 
September 1, 1996 or is a replacement for such a vessel; or (3) 
payments have been made with respect to the vessel under 
subtitle B of title VI of that Act for at least one year.
      Section 1136(d) provides that, for purposes of 
determining whether a vessel is owned and operated by a citizen 
of the United States for participation in the program 
established under subtitle B of title VI of the Merchant Marine 
Act, 1936, a vessel is deemed to be owned and operated by a 
section 2 citizen if the vessel is owned ``directly or 
indirectly'' by a section 2 citizen and the vessel was: (1) 
built under a shipbuilding contract signed on December 21, 1995 
and having hull number 3077, 3078, 3079, or 3080; (2) delivered 
by a shipbuilder on or after May 1, 1995 and before January 31, 
1996; owned by a section 2 citizen on September 1, 1996 or is a 
replacement for such a vessel; or (4) the beneficiary of under 
subtitle B of title VI of the Merchant Marine Act, 1936 for at 
least 1 year.
      Nothing in the amendments made by this section diminishes 
the authority of the Secretary to impose reasonable conditions, 
such as requisition of the vessel in time of emergency under 
Section 902 of the Merchant Marine Act, 1936, on the foreign 
transfer of a vessel.

                     SECTION 1137. VESSEL STANDARDS

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute provides for Certification of 
Inspection provisions, and for reliance on non-governmental 
classification societies. Subsection (b) applies only for the 
period of time that the vessel fails to comply with the 
applicable standards.

 SECTION 1138. VESSELS SUBJECT TO THE JURISDICTION OF THE UNITED STATES

      The Senate bill contains a provision enhancing law 
enforcement authorities related to vessels and aircraft.
      The House amendment contains no comparable provision.
      The Conference substitute establishes new law enforcement 
provisions which expand the Government's prosecutorial 
effectiveness in drug smuggling cases. Claims of foreign 
registry must be ``affirmatively and unequivocally'' verified 
by the nation of registry to be valid. People arrested in these 
international situations would not be able to use as a defense 
that the U.S. was acting in violation of international law 
regarding recognition of registry at the time of the arrest. 
The Secretary of State's certification as to the content of 
discussions with foreign nations about matters of registry 
would be considered ``fact'', irrespective of the statements or 
certifications of the foreign nation at a later time. 
Jurisdictional issues would always be issues of law to be 
decided by the trial judge, not issues of fact to be decided by 
the jury.

             SECTION 1139. REACTIVATION OF CLOSED SHIPYARDS

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute establishes the basis for the 
Secretary of Transportation to assist certain closed shipyards 
by supporting projects for the reactivation and modernization 
of those yards and the construction of ships at those yards. 
Subsection (a) authorizes the Secretary to provide loan 
guarantees under the shipping laws to assist in the 
reactivation and modernization of a currently closed shipyard 
that (1) historically built vessels and intends to compete in 
international commercial shipbuilding; (2) is either a 
designated public-private partnership project or has an 
approved reuse plan and revolving economic conversion fund; and 
(3) involves a State or State-chartered agency that makes a 
significant investment in the project.
      Subsection (b) waives the application of certain factors 
designed to apply to existing yards but subsection (c) directs 
the Secretary to impose appropriate standards for a 
reactivation and modernization project to protect the United 
States from the risk of default. Included in subsection (c) is 
a provision regarding shipyard and shipbuilding project 
interdependency. This provision was added to give the Maritime 
Administration guidance when considering whether to issue a 
guarantee or a commitment to guarantee obligations for the 
construction of vessels in connection with and as an integral 
part of the reactivation or modernization of closed shipyards. 
It recognizes that vessels integral to the reactivation of a 
closed shipyard may request approval of a loan guarantee at the 
same time the closed shipyard is requesting approval of a loan 
guarantee and that due consideration and weight should be 
afforded the vessel's application. This interdependency 
language is intended to facilitate the Maritime 
Administration's review and approval of closed shipyard and 
vessel loan guarantee applications simultaneously as part of 
the total shipyard reactivation and modernization project. This 
is not intended, however, to be a limiting provision allowing 
the Maritime Administration to precondition the issuance of a 
guarantee or commitment to guarantee for a closed shipyard on 
the approval of related vessel loan guarantees.
      Subsection (d) limits the aggregate guarantees for 
shipyards only under this section to $100 million, requires a 
State or State-agency to provide to the Secretary the amount of 
funds needed to cover the risk factor cost under the Federal 
Credit Reform Act for the Secretary to deposit into a financing 
account in the Treasury, and provides for the reversion of the 
deposited amount to the State or State-agency if, on the 
expiration of the guarantee, no obligation is to be paid from 
the deposited funds under the terms of the guarantee. Other 
factors related to the cost of a guarantee are established in 
this section.
      Subsection (e) sets an expiration date of one year after 
the date of enactment and subsection (f) contains a definition.

                   SECTION 1140. SAKONNET POINT LIGHT

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute states that an action for 
damage or injury arising from the operation, maintenance, or 
malfunctioning of an aid to navigation, at Sakonnet Point, 
Little Compton, Rhode Island shall be determined by State law.

            SECTION 1141. DREDGING OF RHODE ISLAND WATERWAYS

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute adopts an amendment regarding 
Rhode Island dredging.

                     SECTION 1142. INTERIM PAYMENTS

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute adopts an amendment regarding 
interim payments.

                  SECTION 1143. OIL SPILL INFORMATION

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute adopts an amendment regarding 
oil spill information.

         SECTION 1144. COMPLIANCE WITH OIL SPILL RESPONSE PLANS

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute adopts an amendment regarding 
oil spill response plans.

        SECTION 1145. CLARIFICATION OF TANK VESSEL REQUIREMENTS

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference substitute adopts an amendment regarding 
tank vessel requirements.

                 SECTION 1146. FISHING VESSEL EXEMPTION

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      Section 1146 clarifies that the International Convention 
on Standards of Training, Certification and Watchkeeping for 
Seafarers, 1978 (STCW) does not apply to fishing vessels, 
including fishing vessels when they are operating as fish 
tender vessels. The STCW sets qualifications for masters, 
officers, and watchkeeping personnel on seagoing merchant 
ships, including the approximately 350 large U.S. merchant 
ships, and is not appropriate for fishing vessels or 
traditional fish tender operations.

    SECTION 1147. BRIDGE DEEMED TO UNREASONABLY OBSTRUCT NAVIGATION

      The Senate bill contains no comparable provision.
      The House amendment contains no comparable provision.
      The Conference Substitute deems the Sooline & Milwaukee 
Road Swing Bridge in Oshkosh, Wisconsin as an ``unreasonable 
obstruction to navigation''. This makes the vessel eligible for 
funding under the Truman-Hobbs Act, a program to fund the 
removal of these types of bridges that pose a threat to safe 
navigation of vessels.

                From the Committee on Transportation and 
                Infrastructure, for consideration of the Senate 
                bill and the House amendment, and modifications 
                committed to conference:
                                   Bud Shuster,
                                   Don Young,
                                   Howard Coble,
                                   Tillie K. Fowler,
                                   Bill Baker,
                                   James L. Oberstar,
                                   Bob Clement,
                                   Glenn Poshard,
                From the Committee on the Judiciary, for 
                consideration of sec. 901 of the Senate bill, 
                and sec. 430 of the House amendment, and 
                modifications committed to conference:
                                   Henry Hyde,
                                   Bill McCollum,
                                 Managers on the Part of the House.
                From the Committee on Commerce, Science, and 
                Transportation:
                                   Larry Pressler,
                                   Ted Stevens,
                                   Slade Gorton,
                                   Trent Lott,
                                   Kay Bailey Hutchison,
                                   Olympia Snowe,
                                   John Ashcroft,
                                   Spencer Abraham,
                                   Fritz Hollings,
                                   Daniel Inouye,
                                   John F. Kerry,
                                   John Breaux,
                                   Byron L. Dorgan,
                                   Ron Wyden,
                From the Committee on Environment and Public 
                Works:
                                   John H. Chafee,
                                   John Warner,
                                   Bob Smith,
                                   Lauch Faircloth,
                                   Jim Inhofe,
                                   Max Baucus,
                                   Frank R. Lautenberg,
                                   Joe Lieberman,
                                Managers on the Part of the Senate.