In the Senate of the United States,

July 27, 2000.

Resolved, That the bill from the House of Representatives (H.R. 820) entitled ‘‘An Act to authorize appropriations

for fiscal years 2000 and 2001 for the Coast Guard, and for

other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Coast Guard Authoriza3 tion Act of 2000’’.
2

HR 820 EAS

1 TITLE I—AUTHORIZATION

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

3 (a) AUTHORIZATION FOR FISCAL YEAR 2000.—Funds

4 are authorized to be appropriated for necessary expenses of

5 the Coast Guard for fiscal year 2000, as follows:

6 (1) For the operation and maintenance of the

7 Coast Guard, $2,781,000,000, of which $300,000,000

8 shall be available for defense-related activities and of

9 which $25,000,000 shall be derived from the Oil Spill

10 Liability Trust Fund.

11 (2) For the acquisition, construction, rebuilding,

12 and improvement of aids to navigation, shore and off13 shore facilities, vessels, and aircraft, including equip14 ment related thereto, $389,326,000, to remain avail15 able until expended, of which $20,000,000 shall be de16 rived from the Oil Spill Liability Trust Fund to

17 carry out the purposes of section 1012(a)(5) of the Oil

18 Pollution Act of 1990.

19 (3) For research, development, test, and evalua20 tion of technologies, materials, and human factors di21 rectly relating to improving the performance of the

22 Coast Guard’s mission in support of search and res23 cue, aids to navigation, marine safety, marine envi24 ronmental protection, enforcement of laws and trea25 ties, ice operations, oceanographic research, and de-
3

HR 820 EAS

1 fense readiness, $19,000,000, to remain available

2 until expended, of which $3,500,000 shall be derived

3 from the Oil Spill Liability Trust Fund.

4 (4) For retired pay (including the payment of

5 obligations otherwise chargeable to lapsed appropria6 tions for this purpose), payments under the Retired

7 Serviceman’s Family Protection and Survivor Benefit

8 Plans, and payments for medical care of retired per9 sonnel and their dependents under chapter 55 of title

10 10, United States Code, such sums as may be nec11 essary, to remain available until expended.

12 (5) For environmental compliance and restora13 tion at Coast Guard facilities (other than parts and

14 equipment associated with operations and mainte15 nance), $17,000,000, to remain available until ex16 pended.

17 (6) For alteration or removal of bridges over

18 navigable waters of the United States constituting ob19 structions to navigation, and for personnel and ad20 ministrative costs associated with the Bridge Alter21 ation Program, $15,000,000, to remain available

22 until expended.

23 (b) AUTHORIZATION FOR FISCAL YEAR 2001.—Funds

24 are authorized to be appropriated for necessary expenses of

25 the Coast Guard for fiscal year 2001, as follows:
4

HR 820 EAS

1 (1) For the operation and maintenance of the

2 Coast Guard, $3,399,000,000, of which $25,000,000

3 shall be derived from the Oil Spill Liability Trust

4 Fund.

5 (2) For the acquisition, construction, rebuilding,

6 and improvement of aids to navigation, shore and off7 shore facilities, vessels, and aircraft, including equip8 ment related thereto, $520,000,000, to remain avail9 able until expended, of which $20,000,000 shall be de10 rived from the Oil Spill Liability Trust Fund to

11 carry out the purposes of section 1012(a)(5) of the Oil

12 Pollution Act of 1990, and of which $110,000,000

13 shall be available for the construction and acquisition

14 of a replacement vessel for the Coast Guard Cutter

15 MACKINAW.

16 (3) For research, development, test, and evalua17 tion of technologies, materials, and human factors di18 rectly relating to improving the performance of the

19 Coast Guard’s mission in support of search and res20 cue, aids to navigation, marine safety, marine envi21 ronmental protection, enforcement of laws and trea22 ties, ice operations, oceanographic research, and de23 fense readiness, $21,320,000, to remain available

24 until expended, of which $3,500,000 shall be derived

25 from the Oil Spill Liability Trust Fund.
5

HR 820 EAS

1 (4) For retired pay (including the payment of

2 obligations otherwise chargeable to lapsed appropria3 tions for this purpose), payments under the Retired

4 Serviceman’s Family Protection and Survivor Benefit

5 Plans, and payments for medical care of retired per6 sonnel and their dependents under chapter 55 of title

7 10, United States Code, such sums as may be nec8 essary, to remain available until expended.

9 (5) For environmental compliance and restora10 tion at Coast Guard facilities (other than parts and

11 equipment associated with operations and mainte12 nance), $16,700,000, to remain available until ex13 pended.

14 (6) For alteration or removal of bridges over

15 navigable waters of the United States constituting ob16 structions to navigation, and for personnel and ad17 ministrative costs associated with the Bridge Alter18 ation Program, $15,500,000, to remain available

19 until expended.

20 (c) AUTHORIZATION FOR FISCAL YEAR 2002.—Funds

21 are authorized to be appropriated for necessary expenses of

22 the Coast Guard for fiscal year 2002 as such sums as may

23 be necessary, of which $8,000,000 shall be available for con24 struction or acquisition of a replacement vessel for the Coast

25 Guard Cutter MACKINAW.
6

HR 820 EAS

1 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

2 AND TRAINING.

3 (a) END-OF-YEAR STRENGTH FOR FISCAL YEAR

4 2000.—The Coast Guard is authorized an end-of-year

5 strength for active duty personnel of 40,000 as of September

6 30, 2000.

7 (b) TRAINING STUDENT LOADS FOR FISCAL YEAR

8 2000.—For fiscal year 2000, the Coast Guard is authorized

9 average military training student loads as follows:

10 (1) For recruit and special training, 1,500 stu11 dent years.

12 (2) For flight training, 100 student years.

13 (3) For professional training in military and ci14 vilian institutions, 300 student years.

15 (4) For officer acquisition, 1,000 student years.

16 (c) END-OF-YEAR STRENGTH FOR FISCAL YEAR

17 2001.—The Coast Guard is authorized an end-of-year

18 strength for active duty personnel of 44,000 as of September

19 30, 2001.

20 (d) TRAINING STUDENT LOADS FOR FISCAL YEAR

21 2001.—For fiscal year 2001, the Coast Guard is authorized

22 average military training student loads as follows:

23 (1) For recruit and special training, 1,500 stu24 dent years.

25 (2) For flight training, 125 student years.
7

HR 820 EAS

1 (3) For professional training in military and ci2 vilian institutions, 300 student years.

3 (4) For officer acquisition, 1,000 student years.

4 (e) END-OF-THE-YEAR STRENGTH FOR FISCAL YEAR

5 2002.—The Coast Guard is authorized an end-of-year

6 strength of active duty personnel of 45,500 as of September

7 30, 2002.

8 (f) TRAINING STUDENT LOADS FOR FISCAL YEAR

9 2002.—For fiscal year 2002, the Coast Guard is authorized

10 average military training student loads as follows:

11 (1) For recruit and special training, 1,500 stu12 dent years.

13 (2) For flight training, 125 student years.

14 (3) For professional training in military and ci15 vilian institutions, 300 student years.

16 (4) For officer acquisition, 1,000 student years.

17 SEC. 103. LORAN–C.

18 (a) FISCAL YEAR 2001.—There are authorized to be

19 appropriated to the Department of Transportation, in ad20 dition to funds authorized for the Coast Guard for operation

21 of the LORAN–C system, for capital expenses related to

22 LORAN–C navigation infrastructure, $20,000,000 for fiscal

23 year 2001. The Secretary of Transportation may transfer

24 from the Federal Aviation Administration and other agen25 cies of the department funds appropriated as authorized
8

HR 820 EAS

1 under this section in order to reimburse the Coast Guard

2 for related expenses.

3 (b) FISCAL YEAR 2002.—There are authorized to be

4 appropriated to the Department of Transportation, in ad5 dition to funds authorized for the Coast Guard for operation

6 of the LORAN–C system, for capital expenses related to

7 LORAN–C navigation infrastructure, $40,000,000 for fiscal

8 year 2002. The Secretary of Transportation may transfer

9 from the Federal Aviation Administration and other agen10 cies of the department funds appropriated as authorized

11 under this section in order to reimburse the Coast Guard

12 for related expenses.

13 SEC. 104. PATROL CRAFT.

14 (a) TRANSFER OF CRAFT FROM DOD.—Notwith15 standing any other provision of law, the Secretary of Trans16 portation may accept, by direct transfer without cost, for

17 use by the Coast Guard primarily for expanded drug inter18 diction activities required to meet national supply reduc19 tion performance goals, up to 7 PC–170 patrol craft from

20 the Department of Defense if it offers to transfer such craft.

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

22 authorized to be appropriated to the Coast Guard, in addi23 tion to amounts otherwise authorized by this Act, up to

24 $100,000,000, to remain available until expended, for the

25 conversion of, operation and maintenance of, personnel to
9

HR 820 EAS

1 operate and support, and shoreside infrastructure require2 ments for, up to 7 patrol craft.

3 SEC. 105. CARIBBEAN SUPPORT TENDER.

4 The Coast Guard is authorized to operate and main5 tain a Caribbean Support Tender (or similar type vessel)

6 to provide technical assistance, including law enforcement

7 training, for foreign coast guards, navies, and other mari8 time services.

9 TITLE II—PERSONNEL

10 MANAGEMENT

11 SEC. 201. COAST GUARD BAND DIRECTOR RANK.

12 Section 336(d) of title 14, United States Code, is

13 amended by striking ‘‘commander’’ and inserting ‘‘cap14 tain’’.

15 SEC. 202. COAST GUARD MEMBERSHIP ON THE USO BOARD

16 OF GOVERNORS.

17 Section 200104(a)(2) of title 36, United States Code,

18 is amended—

19 (1) by striking ‘‘and’’ at the end of subpara20 graph (B);

21 (2) by redesignating subparagraph (C) as sub22 paragraph (D); and

23 (3) by inserting after subparagraph (B) the fol24 lowing:
10

HR 820 EAS

1 ‘‘(C) the Secretary of Transportation, or the

2 Secretary’s designee, when the Coast Guard is

3 not operating under the Department of the Navy;

4 and’’.

5 SEC. 203. COMPENSATORY ABSENCE FOR ISOLATED DUTY.

6 (a) IN GENERAL.—Section 511 of title 14, United

7 States Code, is amended to read as follows:

8 ‘‘§ 511. Compensatory absence from duty for military

9 personnel at isolated duty stations

10 ‘‘The Secretary may prescribe regulations to grant

11 compensatory absence from duty to military personnel of

12 the Coast Guard serving at isolated duty stations of the

13 Coast Guard when conditions of duty result in confinement

14 because of isolation or in long periods of continuous duty.’’.

15 (b) CLERICAL AMENDMENT.—The chapter analysis for

16 chapter 13 of title 14, United States Code, is amended by

17 striking the item relating to section 511 and inserting the

18 following:

‘‘511. Compensatory absence from duty for military personnel at isolated duty stations.’’.

19 SEC. 204. ACCELERATED PROMOTION OF CERTAIN COAST

20 GUARD OFFICERS.

21 Title 14, United States Code, is amended—

22 (1) in section 259, by adding at the end a new

23 subsection (c) to read as follows:
11

HR 820 EAS

1 ‘‘(c) After selecting the officers to be recommended for

2 promotion, a selection board may recommend officers of

3 particular merit, from among those officers chosen for pro4 motion, to be placed at the top of the list of selectees promul5 gated by the Secretary under section 271(a) of this title.

6 The number of officers that a board may recommend to be

7 placed at the top of the list of selectees may not exceed the

8 percentages set forth in subsection (b) unless such a percent9 age is a number less than one, in which case the board may

10 recommend one officer for such placement. No officer may

11 be recommended to be placed at the top of the list of selectees

12 unless he or she receives the recommendation of at least a

13 majority of the members of a board composed of five mem14 bers, or at least two-thirds of the members of a board com15 posed of more than five members.’’;

16 (2) in section 260(a), by inserting ‘‘and the

17 names of those officers recommended to be advanced

18 to the top of the list of selectees established by the Sec19 retary under section 271(a) of this title’’ after ‘‘pro20 motion’’; and

21 (3) in section 271(a), by inserting at the end

22 thereof the following: ‘‘The names of all officers ap23 proved by the President and recommended by the

24 board to be placed at the top of the list of selectees
12

HR 820 EAS

1 shall be placed at the top of the list of selectees in the

2 order of seniority on the active duty promotion list.’’.

3 SEC. 205. COAST GUARD ACADEMY BOARD OF TRUSTEES.

4 (a) IN GENERAL.—Section 193 of title 14, United

5 States Code, is amended to read as follows:

6 ‘‘§ 193. Board of Trustees.

7 ‘‘(a) ESTABLISHMENT.—The Commandant of the

8 Coast Guard may establish a Coast Guard Academy Board

9 of Trustees to provide advice to the Commandant and the

10 Superintendent on matters relating to the operation of the

11 Academy and its programs.

12 ‘‘(b) MEMBERSHIP.—The Commandant shall appoint

13 the members of the Board of Trustees, which may include

14 persons of distinction in education and other fields related

15 to the missions and operation of the Academy. The Com16 mandant shall appoint a chairperson from among the mem17 bers of the Board of Trustees.

18 ‘‘(c) EXPENSES.—Members of the Board of Trustees

19 who are not Federal employees shall be allowed travel ex20 penses while away from their homes or regular places of

21 business in the performance of service for the Board of

22 Trustees. Travel expenses include per diem in lieu of sub23 sistence in the same manner as persons employed intermit24 tently in the Government service are allowed expenses under

25 section 5703 of title 5.
13

HR 820 EAS

1 ‘‘(d) FACA NOT TO APPLY.— The Federal Advisory

2 Committee Act (5 U.S.C. App.) shall not apply to the Board

3 of Trustees established pursuant to this section.’’.

4 (b) CONFORMING AMENDMENTS.—(1) Section 194(a)

5 of title 14, United States Code, is amended by striking ‘‘Ad6 visory Committee’’ and inserting ‘‘Board of Trustees’’.

7 (2) The chapter analysis for chapter 9 of title 14,

8 United States Code, is amended by striking the item relat9 ing to section 193, and inserting the following:

‘‘193. Board of Trustees.’’.

10 SEC. 206. SPECIAL PAY FOR PHYSICIAN ASSISTANTS.

11 Section 302c(d)(1) of title 37, United States Code, is

12 amended by inserting ‘‘an officer in the Coast Guard or

13 Coast Guard Reserve designated as a physician assistant,’’

14 after ‘‘nurse,’’.

15 SEC. 207. SUSPENSION OF RETIRED PAY OF COAST GUARD

16 MEMBERS WHO ARE ABSENT FROM THE

17 UNITED STATES TO AVOID PROSECUTION.

18 Procedures promulgated by the Secretary of Defense

19 under section 633(a) of the National Defense Authorization

20 Act for Fiscal Year 1997 (Pub. L. 104–201) shall apply

21 to the Coast Guard. The Commandant of the Coast Guard

22 shall be considered a Secretary of a military department

23 for purposes of suspending pay under section 633 of that

24 Act.
14

HR 820 EAS

1 SEC. 208. EXTENSION OF COAST GUARD HOUSING AUTHORI2 TIES.

3 Section 689 of title 14, United States Code, is amended

4 by striking ‘‘2001.’’ and inserting ‘‘2006.’’.

5 TITLE III—MARINE SAFETY

6 SEC. 301. EXTENSION OF TERRITORIAL SEA FOR VESSEL

7 BRIDGE-TO-BRIDGE RADIOTELEPHONE ACT.

8 Section 4(b) of the Vessel Bridge-to-Bridge Radio9 telephone Act (33 U.S.C. 1203(b)), is amended by striking

10 ‘‘United States inside the lines established pursuant to sec11 tion 2 of the Act of February 19, 1895 (28 Stat. 672), as

12 amended.’’ and inserting ‘‘United States, which includes all

13 waters of the territorial sea of the United States as described

14 in Presidential Proclamation 5928 of December 27, 1988.’’.

15 SEC. 302. ICEBREAKING SERVICES.

16 The Commandant of the Coast Guard shall not plan,

17 implement or finalize any regulation or take any other ac18 tion which would result in the decommissioning of any

19 WYTL-class harbor tugs unless and until the Commandant

20 certifies in writing to the Committee on Commerce, Science,

21 and Transportation of the Senate and the Committee on

22 Transportation and Infrastructure of the House, that suffi23 cient replacement assets have been procured by the Coast

24 Guard to remediate any degradation in current icebreaking

25 services that would be caused by such decommissioning.
15

HR 820 EAS

1 SEC. 303. OIL SPILL LIABILITY TRUST FUND ANNUAL RE2 PORT.

3 (a) IN GENERAL.—The report regarding the Oil Spill

4 Liability Trust Fund required by the Conference Report

5 (House Report 101–892) accompanying the Department of

6 Transportation and Related Agencies Appropriations Act,

7 1991, as that requirement was amended by section 1122 of

8 the Federal Reports Elimination and Sunset Act of 1995

9 (26 U.S.C. 9509 note), shall no longer be submitted to Con10 gress.

11 (b) REPEAL.—Section 1122 of the Federal Reports

12 Elimination and Sunset Act of 1995 (26 U.S.C. 9509 note)

13 is amended by—

14 (1) striking subsection (a); and

15 (2) striking ‘‘(b) REPORT ON JOINT FEDERAL

16 AND STATE MOTOR FUEL TAX COMPLIANCE

17 PROJECT.—’’.

18 SEC. 304. OIL SPILL LIABILITY TRUST FUND; EMERGENCY

19 FUND BORROWING AUTHORITY.

20 Section 6002(b) of the Oil Pollution Act of 1990 (33

21 U.S.C. 2752(b)) is amended after the first sentence by in22 serting ‘‘To the extent that such amount is not adequate

23 for removal of a discharge or the mitigation or prevention

24 of a substantial threat of a discharge, the Coast Guard may

25 borrow from the Fund such sums as may be necessary, up

26 to a maximum of $100,000,000, and within 30 days shall
16

HR 820 EAS

1 notify Congress of the amount borrowed and the facts and

2 circumstances necessitating the loan. Amounts borrowed

3 shall be repaid to the Fund when, and to the extent that

4 removal costs are recovered by the Coast Guard from re5 sponsible parties for the discharge or substantial threat of

6 discharge.’’.

7 SEC. 305. MERCHANT MARINER DOCUMENTATION REQUIRE8 MENTS.

9 (a) INTERIM MERCHANT MARINERS’ DOCUMENTS.—

10 Section 7302 of title 46, United States Code, is amended—

11 (1) by striking ‘‘A’’ in subsection (f) and insert12 ing ‘‘Except as provided in subsection (g), a’’; and

13 (2) by adding at the end the following:

14 ‘‘(g)(1) The Secretary may, pending receipt and review

15 of information required under subsections (c) and (d), im16 mediately issue an interim merchant mariner’s document

17 valid for a period not to exceed 120 days, to—

18 ‘‘(A) an individual to be employed as gaming

19 personnel, entertainment personnel, wait staff, or

20 other service personnel on board a passenger vessel

21 not engaged in foreign service, with no duties, includ22 ing emergency duties, related to the navigation of the

23 vessel or the safety of the vessel, its crew, cargo or

24 passengers; or
17

HR 820 EAS

1 ‘‘(B) an individual seeking renewal of, or quali2 fying for a supplemental endorsement to, a valid mer3 chant mariner’s document issued under this section.

4 ‘‘(2) No more than one interim document may be

5 issued to an individual under paragraph (1)(A) of this sub6 section.’’.

7 (b) EXCEPTION.—Section 8701(a) of title 46, United

8 States Code, is amended—

9 (1) by striking ‘‘and’’ after the semicolon in

10 paragraph (8);

11 (2) by redesignating paragraph (9) as para12 graph (10); and

13 (3) by inserting after paragraph (8) the fol14 lowing:

15 ‘‘(9) a passenger vessel not engaged in a foreign

16 voyage with respect to individuals on board employed

17 for a period of not more than 30 service days within

18 a 12 month period as entertainment personnel, with

19 no duties, including emergency duties, related to the

20 navigation of the vessel or the safety of the vessel, its

21 crew, cargo or passengers; and’’.

22 SEC. 306. PENALTIES FOR NEGLIGENT OPERATIONS AND

23 INTERFERING WITH SAFE OPERATION.

24 Section 2302(a) of title 46, United States Code, is

25 amended by striking ‘‘$1,000.’’ and inserting ‘‘$25,000.’’.
18

HR 820 EAS

1 SECTION 307. AMENDMENT OF DEATH ON THE HIGH SEAS

2 ACT.

3 (a) RIGHT OF ACTION.—The first section of the Act

4 of March 30, 1920 (46 U.S.C. App. 761(b); popularly

5 known as the ‘‘Death on the High Seas Act’’) is amended—

6 (1) by striking ‘‘accident’’ in subsection (b) and

7 inserting ‘‘accident, or an accident involving a pas8 senger on a vessel other than a recreational vessel or

9 an individual on a recreational vessel (other than a

10 member of the crew engaged in the business of the rec11 reational vessel who has not contributed consideration

12 for carriage and who is paid for on-board services),’’;

13 and

14 (2) by adding at the end the following:

15 ‘‘(c) PASSENGER; RECREATION VESSEL.—In this sec16 tion:

17 ‘‘(1) PASSENGER.—The term ‘passenger’ has the

18 meaning given that term by section 2101(21) of title

19 46, United States Code.

20 ‘‘(2) RECREATIONAL VESSEL.—The term ‘rec21 reational vessel’ has the meaning given that term by

22 section 2101(25) of title 46, United States Code.’’.

23 (b) AMOUNT AND APPORTIONMENT OF RECOVERY.—

24 Section 2(b) of that Act (46 U.S.C. App. 762(b)) is

25 amended—
19

HR 820 EAS

1 (1) by striking ‘‘accident’’ in paragraph (1) and

2 inserting ‘‘accident, or an accident involving a pas3 senger on a vessel other than a recreational vessel or

4 an individual on a recreational vessel (other than a

5 member of the crew engaged in the business of the rec6 reational vessel who has not contributed consideration

7 for carriage and who is paid for on-board services),’’;

8 and

9 (2) by striking ‘‘companionship.’’ in paragraph

10 (2) and inserting ‘‘companionship, and the terms

11 ‘passenger’ and ‘recreational vessel’ have the meaning

12 given them by paragraphs (21) and (25), respectively,

13 of section 2101 of title 46, United States Code.’’.

14 (c) EFFECTIVE DATE.—The amendments made by this

15 section apply to any death after November 22, 1995.

16 TITLE IV—RENEWAL OF

17 ADVISORY GROUPS

18 SEC. 401. COMMERCIAL FISHING INDUSTRY VESSEL ADVI19 SORY COMMITTEE.

20 (a) COMMERCIAL FISHING INDUSTRY VESSEL ADVI21 SORY COMMITTEE.—Section 4508 of title 46, United States

22 Code, is amended—

23 (1) by inserting ‘‘Safety’’ in the heading after

24 ‘‘Vessel’’;
20

HR 820 EAS

1 (2) by inserting ‘‘Safety’’ in subsection (a) after

2 ‘‘Vessel’’;

3 (3) by striking ‘‘Secretary’’ in subsection (a)(1)

4 and inserting ‘‘Secretary, through the Commandant

5 of the Coast Guard,’’;

6 (4) by striking ‘‘Secretary’’ in subsection (a)(4)

7 and inserting ‘‘Commandant’’;

8 (5) by striking the last sentence in subsection

9 (b)(5);

10 (6) by striking ‘‘Committee’’ in subsection (c)(1)

11 and inserting ‘‘Committee, through the Com12 mandant,’’;

13 (7) by striking ‘‘shall’’ in subsection (c)(2) and

14 inserting ‘‘shall, through the Commandant,’’; and

15 (8) by striking ‘‘(5 U.S.C App. 1 et seq.)’’ in

16 subsection (e)(1)(I) and inserting ‘‘(5 U.S.C. App.)’’;

17 and

18 (9) by striking ‘‘of September 30, 2000’’ and in19 serting ‘‘on September 30, 2005’’.

20 (b) CONFORMING AMENDMENT.—The chapter analysis

21 for chapter 45 of title 46, United States Code, is amended

22 by striking the item relating to section 4508 and inserting

23 the following:

‘‘4508. Commercial Fishing Industry Vessel Safety Advisory Committee.’’.
21

HR 820 EAS

1 SEC. 402. HOUSTON-GALVESTON NAVIGATION SAFETY ADVI2 SORY COMMITTEE.

3 Section 18 of the Coast Guard Authorization Act of

4 1991 is amended—

5 (1) by striking ‘‘operating (hereinafter in this

6 part referred to as the ‘Secretary’)’’ in the second sen7 tence of subsection (a)(1) and inserting ‘‘operating,

8 through the Commandant of the Coast Guard,’’;

9 (2) by striking ‘‘Committee’’ in the third sen10 tence of subsection (a)(1) and inserting ‘‘Committee,

11 through the Commandant,’’;

12 (3) by striking ‘‘Secretary,’’ in the second sen13 tence of subsection (a)(2) and inserting ‘‘Com14 mandant,’’; and

15 (4) by striking ‘‘September 30, 2000.’’ in sub16 section (h) and inserting ‘‘September 30, 2005.’’.

17 SEC. 403. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY

18 COMMITTEE.

19 Section 19 of the Coast Guard Authorization Act of

20 1991 (Public Law 102–241) is amended—

21 (1) by striking ‘‘operating (hereinafter in this

22 part referred to as the ‘Secretary’)’’ in the second sen23 tence of subsection (a)(1) and inserting ‘‘operating,

24 through the Commandant of the Coast Guard,’’;
22

HR 820 EAS

1 (2) by striking ‘‘Committee’’ in the third sen2 tence of subsection (a)(1) and inserting ‘‘Committee,

3 through the Commandant,’’; and

4 (3) by striking ‘‘September 30, 2000’’ in sub5 section (g) and inserting ‘‘September 30, 2005’’.

6 SEC. 404. GREAT LAKES PILOTAGE ADVISORY COMMITTEE

7 Section 9307 of title 46, United States Code, is

8 amended—

9 (1) by striking ‘‘Secretary’’ in subsection (a)(1)

10 and inserting ‘‘Secretary, through the Commandant

11 of the Coast Guard,’’;

12 (2) by striking ‘‘Secretary,’’ in subsection

13 (a)(4)(A) and inserting ‘‘Commandant,’’;

14 (3) by striking the last sentence of subsection

15 (c)(2);

16 (4) by striking ‘‘Committee’’ in subsection (d)(1)

17 and inserting ‘‘Committee, through the Com18 mandant,’’;

19 (5) by striking ‘‘Secretary’’ in subsection (d)(2)

20 and inserting ‘‘Secretary, through the Commandant,’’;

21 and

22 (6) by striking ‘‘September 30, 2003.’’ in sub23 section (f)(1) and inserting ‘‘September 30, 2005.’’.
23

HR 820 EAS

1 SEC. 405. NAVIGATION SAFETY ADVISORY COUNCIL

2 Section 5 of the Inland Navigational Rules Act of 1980

3 (33 U.S.C. 2073) is amended—

4 (1) by striking ‘‘Secretary’’ in the first sentence

5 of subsection (b) and inserting ‘‘Secretary, through

6 the Commandant of the Coast Guard,’’;

7 (2) by striking ‘‘Secretary’’ in the third sentence

8 of subsection (b) and inserting ‘‘Commandant’’; and

9 (3) by striking ‘‘September 30, 2000’’ in sub10 section (d) and inserting ‘‘September 30, 2005’’.

11 SEC. 406. NATIONAL BOATING SAFETY ADVISORY COUNCIL.

12 Section 13110 of title 46, United States Code, is

13 amended—

14 (1) by striking ‘‘consult’’ in subsection (c) and

15 inserting ‘‘consult, through the Commandant of the

16 Coast Guard,’’; and

17 (2) by striking ‘‘September 30, 2000’’ in sub18 section (e) and inserting ‘‘September 30, 2005’’.

19 SEC. 407. TOWING SAFETY ADVISORY COMMITTEE.

20 The Act entitled ‘‘An Act to Establish a Towing Safety

21 Advisory Committee in the Department of Transportation’’

22 (33 U.S.C. 1231a) is amended—

23 (1) by striking ‘‘Secretary’’ in the second sen24 tence of subsection (b) and inserting ‘‘Secretary,

25 through the Commandant of the Coast Guard’’;
24

HR 820 EAS

1 (2) by striking ‘‘Secretary’’ in the first sentence

2 of subsection (c) and inserting ‘‘Secretary, through the

3 Commandant,’’;

4 (3) by striking ‘‘Committee’’ in the third sen5 tence of subsection (c) and inserting ‘‘Committee,

6 through the Commandant,’’;

7 (4) by striking ‘‘Secretary,’’ in the fourth sen8 tence of subsection (c) and inserting ‘‘Commandant,’’;

9 and

10 (5) by striking ‘‘September 30, 2000.’’ in sub11 section (e) and inserting ‘‘September 30, 2005.’’.

12 TITLE V—MISCELLANEOUS

13 SEC. 501. COAST GUARD REPORT ON IMPLEMENTATION OF

14 NTSB RECOMMENDATIONS.

15 The Commandant of the United States Coast Guard

16 shall submit a written report to the Committee on Com17 merce, Science, and Transportation within 90 days after

18 the date of enactment of this Act on what actions the Coast

19 Guard has taken to implement the recommendations of the

20 National Transportation Safety Board in its Report No.

21 MAR–99–01. The report—

22 (1) shall describe in detail, by geographic

23 region—

24 (A) what steps the Coast Guard is taking to

25 fill gaps in its communications coverage;
25

HR 820 EAS

1 (B) what progress the Coast Guard has

2 made in installing direction-finding systems;

3 and

4 (C) what progress the Coast Guard has

5 made toward completing its national distress

6 and response system modernization project; and

7 (2) include an assessment of the safety benefits

8 that might reasonably be expected to result from in9 creased or accelerated funding for—

10 (A) measures described in paragraph

11 (1)(A); and

12 (B) the national distress and response sys13 tem modernization project.

14 SEC. 502. CONVEYANCE OF COAST GUARD PROPERTY IN

15 PORTLAND, MAINE.

16 (a) AUTHORITY TO CONVEY.—

17 (1) IN GENERAL.—The Administrator of the

18 General Services Administration may convey to the

19 Gulf of Maine Aquarium Development Corporation,

20 its successors and assigns, without payment for con21 sideration, all right, title, and interest of the United

22 States of America in and to approximately 4.13 acres

23 of land, including a pier and bulkhead, known as the

24 Naval Reserve Pier property, together with any im25 provements thereon in their then current condition,
26

HR 820 EAS

1 located in Portland, Maine. All conditions placed

2 with the deed of title shall be construed as covenants

3 running with the land. Since the Federal agency ac4 tions necessary to effectuate the transfer of the Naval

5 Reserve Pier property will further the objectives of the

6 National Environmental Policy Act of 1969 (42

7 U.S.C. 4321 et seq.) and the National Historic Preser8 vation Act of 1966 (16 U.S.C. 470 et seq.), require9 ments applicable to agency actions under these and

10 other environmental planning laws are unnecessary

11 and shall not be required. The provisions of the Stew12 art B. McKinney Homeless Assistance Act (42 U.S.C.

13 11301 et seq.) shall not apply to any building or

14 property at the Naval Reserve Pier property.

15 (2) IDENTIFICATION OF PROPERTY.—The Admin16 istrator, in consultation with the Commandant of the

17 Coast Guard, may identify, describe, and determine

18 the property to be conveyed under this section. The

19 floating docks associated with or attached to the

20 Naval Reserve Pier property shall remain the per21 sonal property of the United States.

22 (b) LEASE TO THE UNITED STATES.—(1) The Naval

23 Reserve Pier property shall not be conveyed until the Cor24 poration enters into a lease agreement with the United

25 States, the terms of which are mutually satisfactory to the
27

HR 820 EAS

1 Commandant and the Corporation, in which the Corpora2 tion shall lease a portion of the Naval Reserve Pier property

3 to the United States for a term of 30 years without payment

4 of consideration. The lease agreement shall be executed with5 in 12 months after the date of enactment of this Act.

6 (2) The Administrator, in consultation with the Com7 mandant, may identify and describe the Leased Premises

8 and rights of access including, but not limited to, those list9 ed below, in order to allow the United States Coast Guard

10 to operate and perform missions, from and upon the Leased

11 Premises—

12 (A) the right of ingress and egress over the Naval

13 Reserve Pier property, including the pier and bulk14 head, at any time, without notice, for purposes of ac15 cess to United States Coast Guard vessels and per16 formance of United States Coast Guard missions and

17 other mission-related activities;

18 (B) the right to berth United States Coast Guard

19 cutters or other vessels as required, in the moorings

20 along the east side of the Naval Reserve Pier property,

21 and the right to attach floating docks which shall be

22 owned and maintained at the United States sole cost

23 and expense;

24 (C) the right to operate, maintain, remove, relo25 cate, or replace an aid to navigation located upon, or
28

HR 820 EAS

1 to install any aid to navigation upon, the Naval Re2 serve Pier property as the Coast Guard, in its sole

3 discretion, may determine is needed for navigational

4 purposes;

5 (D) the right to occupy up to 3,000 gross square

6 feet at the Naval Reserve Pier property for storage

7 and office space, which will be provided and con8 structed by the Corporation, at the Corporation’s sole

9 cost and expense, and which will be maintained, and

10 utilities and other operating expenses paid for, by the

11 United States at its sole cost and expense;

12 (E) the right to occupy up to 1,200 gross square

13 feet of offsite storage in a location other than the

14 Naval Reserve Pier property, which will be provided

15 by the Corporation at the Corporation’s sole cost and

16 expense, and which will be maintained, and utilities

17 and other operating expenses paid for, by the United

18 States at its sole cost and expense; and

19 (F) the right for United States Coast Guard per20 sonnel to park up to 60 vehicles, at no expense to the

21 government, in the Corporation’s parking spaces on

22 the Naval Reserve Pier property or in parking spaces

23 that the Corporation may secure within 1,000 feet of

24 the Naval Reserve Pier property or within 1,000 feet

25 of the Coast Guard Marine Safety Office Portland.
29

HR 820 EAS

1 Spaces for no less than 30 vehicles shall be located on

2 the Naval Reserve Pier property.

3 (3) The lease described in paragraph (1) may be re4 newed, at the sole option of the United States, for additional

5 lease terms.

6 (4) The United States may not sublease the Leased

7 Premises to a third party or use the Leased Premises for

8 purposes other than fulfilling the missions of the United

9 States Coast Guard and for other mission related activities.

10 (5) In the event that the United States Coast Guard

11 ceases to use the Leased Premises, the Administrator, in

12 consultation with the Commandant, may terminate the

13 lease with the Corporation.

14 (c) IMPROVEMENT OF LEASED PREMISES.—(1) The

15 Naval Reserve Pier property shall not be conveyed until the

16 Corporation enters into an agreement with the United

17 States, subject to the Commandant’s design specifications,

18 project’s schedule, and final project approval, to replace the

19 bulkhead and pier which connects to, and provides access

20 from, the bulkhead to the floating docks, at the Corpora21 tion’s sole cost and expense, on the east side of the Naval

22 Reserve Pier property within 30 months from the date of

23 conveyance. The agreement to improve the Leased Premises

24 shall be executed within 12 months after the date of enact25 ment of this Act.
30

HR 820 EAS

1 (2) In addition to the improvements described in para2 graph (1), the Commandant is authorized to further im3 prove the Leased Premises during the lease term, at the

4 United States sole cost and expense.

5 (d) UTILITY INSTALLATION AND MAINTENANCE OBLI6 GATIONS.—(1) The Naval Reserve Pier property shall not

7 be conveyed until the Corporation enters into an agreement

8 with the United States to allow the Unites States to operate

9 and maintain existing utility lines and related equipment,

10 at the United States sole cost and expense. At such time

11 as the Corporation constructs its proposed public aquarium,

12 the Corporation shall replace existing utility lines and re13 lated equipment and provide additional utility lines and

14 equipment capable of supporting a third 110-foot Coast

15 Guard cutter, with comparable, new, code compliant utility

16 lines and equipment at the Corporation’s sole cost and ex17 pense, maintain such utility lines and related equipment

18 from an agreed upon demarcation point, and make such

19 utility lines and equipment available for use by the United

20 States, provided that the United States pays for its use of

21 utilities at its sole cost and expense. The agreement con22 cerning the operation and maintenance of utility lines and

23 equipment shall be executed within 12 months after the date

24 of enactment of this Act.
31

HR 820 EAS

1 (2) The Naval Reserve Pier property shall not be con2 veyed until the Corporation enters into an agreement with

3 the United States to maintain, at the Corporation’s sole cost

4 and expense, the bulkhead and pier on the east side of the

5 Naval Reserve Pier property. The agreement concerning the

6 maintenance of the bulkhead and pier shall be executed

7 within 12 months after the date of enactment of this Act.

8 (3) The United States shall be required to maintain,

9 at its sole cost and expense, any Coast Guard active aid

10 to navigation located upon the Naval Reserve Pier property.

11 (e) ADDITIONAL RIGHTS.—The conveyance of the

12 Naval Reserve Pier property shall be made subject to condi13 tions the Administrator or the Commandant consider nec14 essary to ensure that—

15 (1) the Corporation shall not interfere or allow

16 interference, in any manner, with use of the Leased

17 Premises by the United States; and

18 (2) the Corporation shall not interfere or allow

19 interference, in any manner, with any aid to naviga20 tion nor hinder activities required for the operation

21 and maintenance of any aid to navigation, without

22 the express written permission of the head of the agen23 cy responsible for operating and maintaining the aid

24 to navigation.
32

HR 820 EAS

1 (f) REMEDIES AND REVERSIONARY INTEREST.—The

2 Naval Reserve Pier property, at the option of the Adminis3 trator, shall revert to the United States and be placed under

4 the administrative control of the Administrator, if, and

5 only if, the Corporation fails to abide by any of the terms

6 of this section or any agreement entered into under sub7 section (b), (c), or (d) of this section.

8 (g) LIABILITY OF THE PARTIES.—The liability of the

9 United States and the Corporation for any injury, death,

10 or damage to or loss of property occurring on the leased

11 property shall be determined with reference to existing State

12 or Federal law, as appropriate, and any such liability may

13 not be modified or enlarged by this Act or any agreement

14 of the parties.

15 (h) EXPIRATION OF AUTHORITY TO CONVEY.—The au16 thority to convey the Naval Reserve property under this sec17 tion shall expire 3 years after the date of enactment of this

18 Act.

19 (i) DEFINITIONS.—In this section:

20 (1) AID TO NAVIGATION.—The term ‘‘aid to navi21 gation’’ means equipment used for navigational pur22 poses, including but not limited to, a light, antenna,

23 sound signal, electronic navigation equipment, cam24 eras, sensors power source, or other related equipment
33

HR 820 EAS

1 which are operated or maintained by the United

2 States.

3 (2) CORPORATION.—The term ‘‘Corporation’’

4 means the Gulf of Maine Aquarium Development Cor5 poration, its successors and assigns.

6 SEC. 503. TRANSFER OF COAST GUARD STATION SCITUATE

7 TO THE NATIONAL OCEANIC AND ATMOS8 PHERIC ADMINISTRATION.

9 (a) AUTHORITY TO TRANSFER.—

10 (1) IN GENERAL.—The Administrator of the

11 General Services Administration (Administrator), in

12 consultation with the Commandant, United States

13 Coast Guard, may transfer, without consideration,

14 administrative jurisdiction, custody and control over

15 the Federal property, known as Coast Guard Station

16 Scituate, to the National Oceanic and Atmospheric

17 Administration (NOAA). Since the Federal agency

18 actions necessary to effectuate the administrative

19 transfer of the property will further the objectives of

20 the National Environmental Policy Act of 1969, Pub21 lic Law 91–190 (42 U.S.C. 4321 et seq.) and the Na22 tional Historic Preservation Act of 1966, Public Law

23 89–665 (16 U.S.C. 470 et seq.), procedures applicable

24 to agency actions under these laws are unnecessary

25 and shall not be required. Similarly, the Federal
34

HR 820 EAS

1 agency actions necessary to effectuate the transfer of

2 the property will not be subject to the Stewart B.

3 McKinney Homeless Assistance Act, Public Law 100–

4 77 (42 U.S.C. 11301 et seq.).

5 (2) IDENTIFICATION OF PROPERTY.—The Admin6 istrator, in consultation with the Commandant, may

7 identify, describe, and determine the property to be

8 transferred under this subsection.

9 (b) TERMS OF TRANSFER.—The transfer of the prop10 erty shall be made subject to any conditions and reserva11 tions the Administrator and the Commandant consider nec12 essary to ensure that—

13 (1) the transfer of the property to NOAA is con14 tingent upon the relocation of Coast Guard Station

15 Scituate to a suitable site;

16 (2) there is reserved to the Coast Guard the right

17 to remove, relocate, or replace any aid to navigation

18 located upon, or install any aid to navigation upon,

19 the property transferred under this section as may be

20 necessary for navigational purposes; and

21 (3) the Coast Guard shall have the right to enter

22 the property transferred under this section at any

23 time, without notice, for purposes of operating, main24 taining, and inspecting any aid to navigation. The
35

HR 820 EAS

1 transfer of the property shall be made subject to the

2 review and acceptance of the property by NOAA.

3 (c) RELOCATION OF STATION SCITUATE.—The Coast

4 Guard may lease land, including unimproved or vacant

5 land, for a term not to exceed 20 years, for the purpose

6 of relocating Coast Guard Station Scituate. The Coast

7 Guard may improve the land leased under paragraph (1)

8 of this subsection.

9 SEC. 504. HARBOR SAFETY COMMITTEES.

10 (a) STUDY.—The Coast Guard shall study existing

11 harbor safety committees in the United States to identify—

12 (1) strategies for gaining successful cooperation

13 among the various groups having an interest in the

14 local port or waterway;

15 (2) organizational models that can be applied to

16 new or existing harbor safety committees or to proto17 type harbor safety committees established under sub18 section (b);

19 (3) technological assistance that will help harbor

20 safety committees overcome local impediments to safe21 ty, mobility, environmental protection, and port secu22 rity; and

23 (4) recurring resources necessary to ensure the

24 success of harbor safety committees.
36

HR 820 EAS

1 (b) PROTOTYPE COMMITTEES.—The Coast Guard shall

2 test the feasibility of expanding the harbor safety committee

3 concept to small and medium-sized ports that are not gen4 erally served by a harbor safety committee by establishing

5 1 or more prototype harbor safety committees. In selecting

6 a location or locations for the establishment of a prototype

7 harbor safety committee, the Coast Guard shall—

8 (1) consider the results of the study conducted

9 under subsection (a);

10 (2) consider identified safety issues for a par11 ticular port;

12 (3) compare the potential benefits of establishing

13 such a committee with the burdens the establishment

14 of such a committee would impose on participating

15 agencies and organizations;

16 (4) consider the anticipated level of support from

17 interested parties; and

18 (5) take into account such other factors as may

19 be appropriate.

20 (c) EFFECT ON EXISTING PROGRAMS AND STATE

21 LAW.—Nothing in this section—

22 (1) limits the scope or activities of harbor safety

23 committees in existence on the date of enactment of

24 this Act;
37

HR 820 EAS

1 (2) precludes the establishment of new harbor

2 safety committees in locations not selected for the es3 tablishment of a prototype committee under sub4 section (b); or

5 (3) preempts State law.

6 (d) NONAPPLICATION OF FACA.—The Federal Advi7 sory Committee Act (5 U.S.C. App.) does not apply to har8 bor safety committees established under this section or any

9 other provision of law.

10 (e) HARBOR SAFETY COMMITTEE DEFINED.—In this

11 section, the term ‘‘harbor safety committee’’ means a local

12 coordinating body—

13 (1) whose responsibilities include recommending

14 actions to improve the safety of a port or waterway;

15 and

16 (2) the membership of which includes representa17 tives of government agencies, maritime labor and in18 dustry organizations, environmental groups, and pub19 lic interest groups.

20 SEC. 505. EXTENSION OF INTERIM AUTHORITY FOR DRY

21 BULK CARGO RESIDUE DISPOSAL.

22 Section 415(b)(2) of the Coast Guard Authorization

23 Act of 1998 is amended by striking ‘‘2002.’’ and inserting

24 ‘‘2003.’’.
38

HR 820 EAS

1 SEC. 506. LIGHTHOUSE CONVEYANCE.

2 Nothwithstanding any other provision of law, the con3 veyance authorized by section 416(a)(1)(H) of Public Law

4 105–383 shall take place within 3 months after the date

5 of enactment of this Act. Notwithstanding the previous sen6 tence, the conveyance shall be subject to subsections (a)(2),

7 (a)(3), (b), and (c) of section 416 of Public Law 105–383.

8 SEC. 507. FORMER COAST GUARD PROPERTY IN TRAVERSE

9 CITY, MICHIGAN.

10 Notwithstanding any other provision of law, and sub11 ject to the availability of funds appropriated specifically

12 for the project, the Coast Guard is authorized to transfer

13 funds in an amount not to exceed $200,000 and project

14 management authority to the Traverse City Area Public

15 School District for the purposes of demolition and removal

16 of the structure commonly known as ‘‘Building 402’’ at

17 former Coast Guard property located in Traverse City,

18 Michigan, and associated site work. No such funds shall be

19 transferred until the Coast Guard receives a detailed, fixed

20 price estimate from the School District describing the na21 ture and cost of the work to be performed, and the Coast

22 Guard shall transfer only that amount of funds it and the

23 School District consider necessary to complete the project.

24 SEC. 508. CONVEYANCE OF COAST GUARD PROPERTY IN

25 MIDDLETOWN, CALIFORNIA.

26 (a) AUTHORITY TO CONVEY.—
39

HR 820 EAS

1 (1) IN GENERAL.—The Administrator of General

2 Services (in this section referred to as the ‘‘Adminis3 trator’’) shall promptly convey to Lake County, Cali4 fornia (in this section referred to as the ‘‘County’’),

5 without consideration, all right, title, and interest of

6 the United States (subject to subsection (c)) in and to

7 the property described in subsection (b).

8 (2) IDENTIFICATION OF PROPERTY.—The Admin9 istrator, in consultation with the Commandant of the

10 Coast Guard, may identify, describe, and determine

11 the property to be conveyed under this section.

12 (b) PROPERTY DESCRIBED.—

13 (1) IN GENERAL.—The property referred to in

14 subsection (a) is such portion of the Coast Guard

15 Loran Station Middletown as has been reported to the

16 General Services Administration to be excess prop17 erty, consisting of approximately 733.43 acres, and is

18 comprised of all or part of tracts A–101, A–102, A–

19 104, A–105, A–106, A–107, A–108, and A–111.

20 (2) SURVEY.—The exact acreage and legal de21 scription of the property conveyed under subsection

22 (a), and any easements or rights-of-way reserved by

23 the United States under subsection (c)(1), shall be de24 termined by a survey satisfactory to the Adminis-
40

HR 820 EAS

1 trator. The cost of the survey shall be borne by the

2 County.

3 (c) CONDITIONS.—

4 (1) IN GENERAL.—In making the conveyance

5 under subsection (a), the Administrator shall—

6 (A) reserve for the United States such exist7 ing rights-of-way for access and such easements

8 as are necessary for continued operation of the

9 loran station;

10 (B) preserve other existing easements for

11 public roads and highways, public utilities, irri12 gation ditches, railroads, and pipelines; and

13 (C) impose such other restrictions on use of

14 the property conveyed as are necessary to protect

15 the continued operation of the loran station.

16 (2) FIREBREAKS AND FENCE.—(A) The Adminis17 trator may not convey any property under this sec18 tion unless the County and the Commandant of the

19 Coast Guard enter into an agreement with the Ad20 ministrator under which the County is required, in

21 accordance with design specifications and mainte22 nance standards established by the Commandant—

23 (i) to establish and construct within 6

24 months after the date of the conveyance, and
41

HR 820 EAS

1 thereafter to maintain, firebreaks on the property

2 to be conveyed; and

3 (ii) construct within 6 months after the date

4 of conveyance, and thereafter maintain, a fence

5 approved by the Commandant along the property

6 line between the property conveyed and adjoin7 ing Coast Guard property.

8 (B) The agreement shall require that—

9 (i) the County shall pay all costs of estab10 lishment, construction, and maintenance of

11 firebreaks under subparagraph (A)(i); and

12 (ii) the Commandant shall provide all ma13 terials needed to construct a fence under sub14 paragraph (A)(ii), and the County shall pay all

15 other costs of construction and maintenance of

16 the fence.

17 (3) COVENANTS APPURTENANT.—The Adminis18 trator shall take actions necessary to render the re19 quirement to establish, construct, and maintain

20 firebreaks and a fence under paragraph (2) and other

21 requirements and conditions under paragraph (1),

22 under the deed conveying the property to the County,

23 covenants that run with the land for the benefit of

24 land retained by the United States.
42

HR 820 EAS

1 (d) REVERSIONARY INTEREST.—The real property

2 conveyed pursuant to this section, at the option of the Ad3 ministrator, shall revert to the United States and be placed

4 under the administrative control of the Administrator, if—

5 (1) the County sells, conveys, assigns, exchanges,

6 or encumbers the property conveyed or any part

7 thereof;

8 (2) the County fails to maintain the property

9 conveyed in a manner consistent with the terms and

10 conditions in subsection (c);

11 (3) the County conducts any commercial activi12 ties at the property conveyed, or any part thereof,

13 without approval of the Secretary; or

14 (4) at least 30 days before the reversion, the Ad15 ministrator provides written notice to the owner that

16 the property or any part thereof is needed for na17 tional security purposes.

18 TITLE VI—JONES ACT WAIVERS

19 SEC. 601. CERTIFICATES OF DOCUMENTATION.

20 Notwithstanding section 27 of the Merchant Marine

21 Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of June

22 19, 1886 (24 Stat. 81, chapter 421; 46 U.S.C. App. 289),

23 and sections 12106 and 12108 of title 46, United States

24 Code, the Secretary of Transportation may issue a certifi-
43

HR 820 EAS

1 cate of documentation with appropriate endorsement for

2 employment in the coastwise trade for the following vessels:

3 (1) LOOKING GLASS, United States official

4 number 925735.

5 (2) YANKEE, United States official number

6 1076210.

7 (3) LUCKY DOG, of St. Petersburg, Florida,

8 State of Florida registration number

9 FLZP7569E373.

10 (4) ENTERPRIZE, United States official num11 ber 1077571.

12 (5) M/V SANDPIPER, United States official

13 number 1079439.

14 (6) FRITHA, United States official number

15 1085943.

16 (7) PUFFIN, United States official number

17 697029.

18 SEC. 602. CERTIFICATE OF DOCUMENTATION FOR THE

19 EAGLE.

20 Notwithstanding section 27 of the Merchant Marine

21 Act, 1920 (46 U.S.C. App. 883), chapter 121 of title 46,

22 United States Code, and section 1 of the Act of May 28,

23 1906 (46 U.S.C. App. 292), the Secretary of Transportation

24 shall issue a certificate of documentation with appropriate

25 endorsement for employment in the coastwise trade for the
44

HR 820 EAS

1 vessel EAGLE, hull number BK—1754, United States offi2 cial number 1091389 if the vessel is—

3 (1) owned by a State, a political subdivision of

4 a State, or a public authority chartered by a State;

5 (2) if chartered, is chartered to a State, a polit6 ical subdivision of a State, or a public authority

7 chartered by a State;

8 (3) is operated only in conjunction with—

9 (A) scour jet operations; or

10 (B) dredging services adjacent to facilities

11 owned by the State, political subdivision, or pub12 lic authority; and

13 (4) is externally identified clearly as a vessel of

14 that State, subdivision or authority.

15 TITLE VII—CERTAIN ALASKAN

16 CRUISE SHIP OPERATIONS

17 SEC. 701. DISCHARGE OF UNTREATED SEWAGE.

18 A cruise vessel operating in the waters of the Alexander

19 Archipelago shall not discharge any untreated sewage.

20 SEC. 702. DISCHARGE OF TREATED SEWAGE.

21 (a) LIMIT ON DISCHARGES OF TREATED SEWAGE.—

22 A cruise vessel operating in the waters of the Alexander Ar23 chipelago shall not discharge any treated sewage unless the

24 cruise vessel is underway and is proceeding at not less than

25 4 knots.
45

HR 820 EAS

1 (b) SUPPLEMENTAL RULEMAKING ON TREATED SEW2 AGE DISCHARGE.—Additional regulations governing the

3 discharge of treated sewage may be promulgated taking into

4 consideration any studies conducted by any agency of the

5 United States, and recommendations made by the Cruise

6 Ship Waste Disposal and Management Executive Steering

7 Committee convened by the Alaska Department of Environ8 mental Conservation.

9 SEC. 703. DISCHARGES OF GRAYWATER.

10 (a) LIMIT ON DISCHARGES OF GRAYWATER.—A cruise

11 vessel operating in the waters of the Alexander Archipelago

12 shall not discharge any graywater unless—

13 (1) the cruise vessel is underway and is pro14 ceeding at not less than 4 knots; and

15 (2) the cruise vessel’s graywater system is tested

16 on a frequency prescribed by the Secretary to verify

17 that discharges of graywater do not contain chemicals

18 used in the operation of the vessel (including photo19 graphic chemicals or dry cleaning solvents) present in

20 an amount that would constitute a hazardous waste

21 under part 261 of title 40, Code of Federal Regula22 tions (or any successor regulation).

23 (b) SUPPLEMENTAL RULEMAKING ON GRAYWATER

24 DISCHARGES.—Additional regulations governing the dis25 charge of graywater may be promulgated after taking into
46

HR 820 EAS

1 consideration any studies conducted by any agency of the

2 United States, and recommendations made by the Cruise

3 Ship Waste Disposal and Management Executive Steering

4 Committee convened by the Alaska Department of Environ5 mental Conservation.

6 SEC. 704. INSPECTION REGIME.

7 (a) IN GENERAL.—The Secretary shall incorporate

8 into the commercial vessel examination program an inspec9 tion regime sufficient to verify that cruise vessels operating

10 in the waters of the Alexander Archipelago are in full com11 pliance with this title and any regulations issued there12 under, the Federal Water Pollution Control Act (33 U.S.C.

13 1251 et seq.), other applicable Federal laws and regulations,

14 and all applicable international treaty requirements.

15 (b) MATTERS TO BE EXAMINED.—The inspection

16 regime—

17 (1) shall include—

18 (A) examination of environmental compli19 ance records and procedures; and

20 (B) inspection of the functionality and

21 proper operation of installed equipment for pol22 lution abatement and controls; and

23 (2) may include unannounced inspections of any

24 aspect of cruise vessel operations or equipment perti-
47

HR 820 EAS

1 nent to the verification under subsection (a) of this

2 section.

3 SEC. 705. STUDIES.

4 Any agency of the United States undertaking a study

5 of the environmental impact of cruise vessel discharges of

6 sewage, treated sewage or graywater shall ensure that cruise

7 vessel operators, other United States agencies with jurisdic8 tion over cruise vessel operations, and affected coastal State

9 governments are provided an opportunity to review and

10 comment on such study prior to publication of the study,

11 and shall ensure that such study, if used as a basis for a

12 rulemaking governing the discharge or treatment of sewage,

13 treated sewage or graywater by cruise vessels, is subjected

14 to a scientific peer review process prior to the publication

15 of the proposed rule.

16 SEC. 706. CRIMINAL PENALTIES.

17 A person who knowingly violates section 701, 702(a),

18 or 703(a), or any regulation promulgated pursuant to sec19 tion 702(b) or 703(b), commits a class D felony. In the dis20 cretion of the Court, an amount equal to not more than

21 one-half of such fine may be paid to the person giving infor22 mation leading to conviction.

23 SEC. 707. CIVIL PENALTIES.

24 (a) IN GENERAL.—A person who is found by the Sec25 retary, after notice and an opportunity for a hearing, to
48

HR 820 EAS

1 have violated section 701, 702(a), or 703(a), or any regula2 tion promulgated pursuant to section 702(b) or 703(b),

3 shall be liable to the United States for a civil penalty, not

4 to exceed $25,000 for each violation. Each day of a con5 tinuing violation shall constitute a separate violation. The

6 amount of the civil penalty shall be assessed by the Sec7 retary, or his designee, by written notice. In determining

8 the amount of the penalty, the Secretary shall take into ac9 count the nature, circumstances, extent, and gravity of the

10 prohibited acts committed and, with respect to the violator,

11 the degree of culpability, any history of prior offenses, abil12 ity to pay, and other matters as justice may require. An

13 amount equal to not more than one-half of such penalties

14 may be paid by the Secretary to the person giving informa15 tion leading to the assessment of such penalties.

16 (b) ABATEMENT OF CIVIL PENALTIES; COLLECTION BY

17 ATTORNEY GENERAL.—The Secretary may compromise,

18 modify or remit, with or without conditions, any civil pen19 alty which is subject to assessment or which has been as20 sessed under this section. If any person fails to pay an as21 sessment of a civil penalty after it has become final, the

22 Secretary may refer the matter to the Attorney General of

23 the United States for collection in any appropriate district

24 court of the United States.
49

HR 820 EAS

1 SEC. 708. LIABILITY IN REM; DISTRICT COURT JURISDIC2 TION.

3 A vessel operated in violation of this title is liable in

4 rem for any fine imposed under section 706 or civil penalty

5 assessed under section 707, and may be proceeded against

6 in the United States district court of any district in which

7 the vessel may be found.

8 SEC. 709. VESSEL CLEARANCE OR PERMITS; REFUSAL OR

9 REVOCATION; BOND OR OTHER SURETY.

10 If any vessel subject to this title, its owner, operator,

11 or person in charge is liable for a fine or civil penalty under

12 this title, or if reasonable cause exists to believe that the

13 vessel, its owner, operator, or person in charge may be sub14 ject to a fine or a civil penalty under this title, the Sec15 retary of the Treasury, upon the request of the Secretary,

16 shall refuse or revoke the clearance required by section 4197

17 of the Revised Statutes of the United States (46 U.S.C. App.

18 91). Clearance may be granted upon the filing of a bond

19 or other surety satisfactory to the Secretary.

20 SEC. 710. REGULATIONS.

21 The Secretary shall prescribe any regulations nec22 essary to carry out the provisions of this title.

23 SEC. 711. DEFINITIONS.

24 In this title:

25 (1) WATERS OF THE ALEXANDER ARCHI26 PELAGO.—The term ‘‘waters of the Alexander Archi-
50

HR 820 EAS

1 pelago’’ means all waters under the jurisdiction of the

2 United States within Southeast Alaska and contained

3 within an area defined by a line beginning at Cape

4 Spencer Light and extending due south to Latitude

5 58°07′15′′ North, Longitude 136°38′15′′ West; thence

6 along a line 3 nautical miles seaward of the terri7 torial sea baseline to a point at the maritime border

8 between the United States and Canada at Latitude

9 54°41′15′′ North, Longitude 130°53′00′′ West; thence

10 following that border to Mount Fairweather; thence

11 returning to Cape Spencer Light.

12 (2) CRUISE VESSEL.—

13 (A) IN GENERAL.—The term ‘‘cruise vessel’’

14 means a commercial passenger vessel of greater

15 than 10,000 gross tons, as measured under chap16 ter 143 of title 46, United States Code, that does

17 not regularly carry vehicles or other cargo.

18 (B) EXCLUSIONS.—The term ‘‘cruise vessel’’

19 does not include a vessel operated by the Federal

20 Government or the government of a State.

21 (3) GRAYWATER.—

22 (A) IN GENERAL.—The term ‘‘graywater’’

23 means drainage from a dishwasher, shower,

24 laundry, bath, washbasin, or drinking fountain.
51

HR 820 EAS

1 (B) EXCLUSIONS.—The term ‘‘graywater’’

2 does not include drainage from a toilet, urinal,

3 hospital, cargo or machinery space.

4 (4) SECRETARY.—The term ‘‘Secretary’’ means

5 the Secretary of the department in which the Coast

6 Guard is operating.

7 (5) SEWAGE.—The term ‘‘sewage’’ means human

8 body wastes and the wastes from toilets and other re9 ceptacles intended to receive or retain body waste.

10 (6) TREATED SEWAGE.—The term ‘‘treated sew11 age’’ means sewage processed through a properly oper12 ating and approved marine sanitation device meeting

13 applicable regulatory standards and requirements.

Attest:

Secretary.

106TH CONGRESS

2D SESSION H. R. 820

AMENDMENT
2345