Calendar No. 622

103D CONGRESS

2D SESSION S. 2373

[Report No. 103–372]

A BILL

To authorize appropriations for fiscal year 1995 for

purposes.the United States Coast Guard, and for other

SEPTEMBER 26 (legislative day, SEPTEMBER 12), 1994

Reported with amendments
II

Calendar No. 622

103D CONGRESS

2D SESSION S. 2373

[Report No. 103–372]

To authorize appropriations for fiscal year 1995 for the United States Coast

Guard, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 9 (legislative day, AUGUST 8), 1994

Mr. HOLLINGS (for himself, Mr. KERRY, Mr. BREAUX, Mr. STEVENS, Mr.

LAUTENBERG, and Mr. GORTON) introduced the following bill; which was

read twice and referred to the Committee on Commerce, Science, and

Transportation

SEPTEMBER 26 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. HOLLINGS, with amendments

[Omit the matter struck through and insert the matter printed in italic]

A BILL

To authorize appropriations for fiscal year 1995 for the

United States Coast Guard, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Coast Guard Authorization Act of 1994’’.
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1 (b) TABLE OF CONTENTS.—

TITLE I—AUTHORIZATIONS

Sec. 101. Authorization of appropriations.

Sec. 102. Authorized levels of military strength and training.

TITLE II—PERSONNEL MANAGEMENT IMPROVEMENT

Sec. 201. Funds for recruiting.

Sec. 202. Provision of child development services.

Sec. 203. Hurricane Andrew relief.

Sec. 204. Dissemination of results of 0–6 Continuation Boards.

Sec. 205. Exclude certain reserves from end-of-year strength.

Sec. 206. Officer retention until retirement eligible.

Sec. 207. Special recruiting authority to achieve diversity.

Sec. 208. Contracts for health care services.

TITLE III—NAVIGATION SAFETY AND WATERWAY SERVICES

MANAGEMENT

Sec. 301. State recreational boating safety grants.

Sec. 302. Boating access.

Sec. 303. Foreign passenger vessel user fees.

Sec. 304. Increased penalties for documentation violations.

Sec. 305. Outer Continental Shelf civil penalties.

Sec. 306. Amendments to require EPIRBs in the Great Lakes.

Sec. 307. Inspection of small passenger vessels.

Sec. 308. Penalties for alteration of marine safety equipment.

TITLE IV—MISCELLANEOUS PROVISIONS

Sec. 401. Thacher Island Lighthouse.

Sec. 402. Transfer of Coast Guard property in Ketchikan, Alaska.

Sec. 403. Florida Avenue Bridge.

Sec. 404. Tuna fishing vessels.

TITLE V—RECREATIONAL BOATING SAFETY IMPROVEMENT ACT

Sec. 501. Personal flotation devices required for children.

Sec. 502. Allocation of funds based on State adoption of laws regarding boating

while intoxicated.

Sec. 503. Marine casualty reporting.

Sec. 504. Requiring violators to take recreational boating safety course.

Sec. 505. Technical corrections.

TITLE VI—TOWING VESSEL SAFETY

Sec. 601. Minimum navigational safety equipment.

Sec. 602. Demonstration of proficiency in use of navigational safety equipment

required.

Sec. 603. Reporting marine casualties.

Sec. 604. Report on adequacy and effectiveness of manning and progress improving licensing requirements for operation of towing vessels.

Sec. 605. Report on feasibility of establishing a differential global positioning

satellite navigational system and electronic charts for inland

waterways.
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TITLE VII—ACT TO PREVENT POLLUTION FROM SHIPS

AMENDMENTS

Sec. 701. Definition of operators.

Sec. 702. Prevention of pollution from ships.

Sec. 703. Marine plastic pollution research and control.

1 TITLE I—AUTHORIZATION

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

3 (a) Funds are authorized to be appropriated for nec4 essary expenses of the Coast Guard for fiscal year 1995,

5 as follows:

6 (1) For the operation and maintenance of the

7 Coast Guard, $2,630,505,000, of which $25,000,000

8 shall be derived from the Oil Spill Liability Trust

9 Fund.

10 (2) For the acquisition, construction, rebuild11 ing, and improvement of aids to navigation, shore

12 and offshore facilities, vessels, and aircraft, includ13 ing equipment related thereto, $439,200,000, to re14 main available until expended, of which $32,500,000

15 shall be derived from the Oil Spill Liability Trust

16 Fund to carry out purposes of section 1012(a)(5) of

17 the Oil Pollution Act of 1990.

18 (3) For research, development, test, and evalua19 tion of technologies, materials, and human factors

20 directly relating to improving the performance of the

21 Coast Guard’s mission in support of search and res22 cue, aids to navigation, marine safety, marine envi-
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1 ronmental protection, enforcement of laws and trea2 ties, ice operations, oceanographic research, and de3 fense readiness, $20,310,000, to remain available

4 until expended, of which $3,150,000 shall be derived

5 from the Oil Spill Liability Trust Fund.

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

7 obligations otherwise chargeable to lapsed appropria8 tions for this purpose), payments under the Retired

9 Serviceman’s Family Protection and Survivor Bene10 fit Plans, and payments for medical care of retired

11 personnel and their dependents under chapter 55 of

12 title 10, United States Code, $562,585,000.

13 (5) For alteration or removal of bridges over

14 navigable waters of the United States constituting

15 obstructions to navigation, and for personnel and

16 administrative costs associated with the Bridge Al17 teration Program, $13,000,000, to remain available

18 until expended.

19 (6) For environmental compliance and restora20 tion at Coast Guard facilities, $25,000,000, to re21 main available until expended.

22 (b) Section 104 of title 49, United States Code, is

23 amended by adding at the end thereof the following:

24 ‘‘(e) Notwithstanding the provisions of sections

25 101(d) and 144 of title 23, United States Code, highway
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1 bridges determined to be unreasonable obstructions to

2 navigation under the Truman-Hobbs Act may be funded

3 from amounts set aside from the discretionary bridge pro4 gram. Of the amount authorized for each fiscal year for

5 the discretionary bridge program, not more than

6 $12,880,000 in the case of fiscal year 1995, not more than

7 $14,200,000 in the case of fiscal year 1996, and not more

8 than $17,250,000 in the case of fiscal year 1997 shall be

9 available for such highway bridge projects. The Secretary

10 shall transfer these allocations and the responsibility for

11 administration of these funds to the United States Coast

12 Guard.’’.

13 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

14 AND TRAINING.

15 (a) The Coast Guard is authorized an end-of-year

16 strength for active duty personnel of 39,000 as of Septem17 ber 30, 1995. The authorized strength does not include

18 members of the Ready Reserve called to active duty for

19 special or emergency augmentation of regular Coast

20 Guard forces for periods of 180 days or less.

21 (b) For fiscal year 1995, the Coast Guard is author22 ized average military training student loads as follows:

23 (1) For recruit and special training, 2,000 stu24 dent years.

25 (2) For flight training, 133 student years.
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1 (3) For professional training in military and ci2 vilian institutions, 344 student years.

3 (4) For officer acquisition, 955 student years.

4 TITLE II—PERSONNEL MANAGEMENT

5 IMPROVEMENT

6 SEC. 201. FUNDS FOR RECRUITING.

7 The text of section 468 of title 14, United States

8 Code, is amended to read as follows:

9 ‘‘The Coast Guard may expend operating expense

10 funds for recruiting activities, including but not limited

11 to advertising and entertainment, in order—

12 ‘‘(1) to obtain recruits for the Service and cadet

13 applicants; and

14 ‘‘(2) to gain support of recruiting objectives

15 from those who may assist in the recruiting effort.’’.

16 SEC. 202. PROVISION OF CHILD DEVELOPMENT SERVICES.

17 (a) Title 14, United States Code, is amended by in18 serting after section 514 the following new section:

19 ‘‘§ 515. Child development services

20 ‘‘(a) The Commandant may make child development

21 services available for members of the armed forces and

22 Federal civilian employees. From funds appropriated to

23 the department in which the Coast Guard is operating,

24 the Commandant may spend such sums as necessary to

25 carry out this program. Child development service benefits
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1 provided under the authority of this section shall be in

2 addition to benefits provided under existing programs.

3 ‘‘(b) For purposes of this section, the term ‘Coast

4 Guard child development center’ includes a ‘military child

5 development center’, as that term is defined by subsection

6 (b)(1) of the Military Child Care Act of 1989 (10 U.S.C.

7 113 note), but does not include contractor operated cen8 ters or government/contractor cooperatives established

9 under section 490b of title 40, United States Code.

10 ‘‘(c)(1) Except as provided in paragraph (2), the

11 Commandant may require child care receipts to be used

12 only for compensation of child development center employ13 ees who are directly involved in providing child care.

14 ‘‘(2) If the Commandant determines that compliance

15 with the limitation in paragraph (1) would result in an

16 uneconomical and inefficient use of such fee receipts, the

17 Commandant may (to the extent that such compliance

18 would be uneconomical and inefficient) use such receipts—

19 ‘‘(A) for the purchase of consumable or dispos20 able items for Coast Guard child development cen21 ters; and

22 ‘‘(B) if the requirements of such centers for

23 consumable or disposable items for a given fiscal

24 year have been met, for other expenses of those cen25 ters.
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1 ‘‘(d)(1) The Commandant shall establish a training

2 program for child development center employees. Subject

3 to paragraph (2), satisfactory completion of the training

4 program shall be a condition of employment of any person

5 as a child development center employee.

6 ‘‘(2) The Commandant shall require that each child

7 development center employee complete the training pro8 gram not later than six months after the date on which

9 the employee is employed as a child development center

10 employee (except that, in the case of a child development

11 center employee hired before the date on which the train12 ing program is established, the employee shall complete

13 the program not later than six months after that date).

14 ‘‘(3) The training program established under this

15 subsection shall cover, at a minimum, training in the fol16 lowing:

17 ‘‘(A) Early childhood development.

18 ‘‘(B) Activities and disciplinary techniques ap19 propriate to children of different ages.

20 ‘‘(C) Child abuse prevention and detection.

21 ‘‘(D) Cardiopulmonary resuscitation and other

22 appropriate emergency medical procedures.

23 ‘‘(e) The Commandant may use funds available to the

24 Coast Guard for operating expenses for Coast Guard child

25 development centers. Such funds shall not be less than the
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1 amount of child care fee receipts that are estimated to

2 be received by the Coast Guard during the fiscal year.

3 ‘‘(f) The Commandant may use appropriated funds

4 available to the Coast Guard to provide assistance to fam5 ily home day care providers so that family home day care

6 services can be provided to uniformed service members

7 and civilian employees of the Coast Guard at a cost com8 parable to the cost of services provided by Coast Guard

9 child development centers.

10 ‘‘(g) The Commandant shall require that each Coast

11 Guard child development center be inspected not less often

12 than four times a year. Each such inspection shall be un13 announced.

14 ‘‘(h) The Secretary shall promulgate regulations to

15 implement this section.’’.

16 (b) The table of sections at the beginning of chapter

17 13 of title 14, United States Code, is amended, by insert18 ing after the item related to section 514 the following:

‘‘515. Child development services.’’.

19 SEC. 203. HURRICANE ANDREW RELIEF.

20 Section 2856 of the National Defense Authorization

21 Act for Fiscal Year 1993 (Public Law 102–484) applies

22 to the military personnel of the Coast Guard who were

23 assigned to, or employed at or in connection with, any

24 Federal facility or installation in the vicinity of Homestead

25 Air Force Base, Florida, including the areas of Broward,
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1 Collier, Dade, and Monroe Counties, on or before August

2 24, 1992, except that funds available to the Coast Guard,

3 not to exceed $25,000, shall be used. The Secretary of

4 Transportation shall administer the provisions of section

5 2856 for the Coast Guard.

6 SEC. 204. DISSEMINATION OF RESULTS OF 0–6 CONTINU7 ATION BOARDS.

8 Section 289(f) of title 14, United States Code, is

9 amended by striking ‘‘Upon approval by the President, the

10 names of the officers selected for continuation on active

11 duty by the board shall be promptly disseminated to the

12 service at large.’’.

13 SEC. 205. EXCLUDE CERTAIN RESERVES FROM END-OF14 YEAR STRENGTH.

15 Section 712 of title 14, United States Code, is

16 amended by adding at the end the following new sub17 section:

18 ‘‘(d) Members ordered to active duty under this sec19 tion shall not be counted in computing authorized strength

20 in members on active duty or members in grade under

21 this title or under any other law.’’.

22 SEC. 206. OFFICER RETENTION UNTIL RETIREMENT ELIGI23 BLE.

24 Section 283(b) of title 14, United States Code, is

25 amended—
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1 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

2 (2) by striking the last sentence; and

3 (3) by adding at the end the following:

4 ‘‘(2) Upon the completion of a term under paragraph

5 (1), an officer shall, unless selected for further continu6 ation—

7 ‘‘(A) except as provided in subparagraph (B),

8 be honorably discharged with severance pay com9 puted under section 286 of this title;

10 ‘‘(B) in the case of an officer who has com11 pleted at least 18 years of active service on the date

12 of discharge under subparagraph (A), be retained on

13 active duty and retired on the last day of the month

14 in which the officer completes 20 years of active

15 service, unless earlier removed under another provi16 sion of law; or

17 ‘‘(C) if eligible for retirement under any law, be

18 retired.’’.

19 SEC. 207. SPECIAL RECRUITING AUTHORITY TO ACHIEVE

20 DIVERSITY.

21 (a) FINDINGS.—The Congress makes the following

22 findings:

23 (1) The ability of the United States Coast

24 Guard to perform its functions and duties will be en-
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1 hanced if the representation of women and minori2 ties in its workforce is increased.

3 (2) Women and minorities have historically

4 been underrepresented or under utilized in the Coast

5 Guard officer corps.

6 (3) The number of women and minorities occu7 pying leadership positions in the United States

8 Coast Guard should reflect the proportion of women

9 and minorities in the total workforce.

10 (4) Women and minorities have historically

11 been underrepresented at the United States Coast

12 Guard Academy.

13 (5) Notwithstanding intensive application of

14 traditional recruiting programs, the Coast Guard

15 has not been able to rectify the historic under rep16 resentation or underutilization of women and minori17 ties in the Service and at the Academy and advance

18 beyond the current minority and women recruitment

19 plateau.

20 (6) Cultural bias in standardized testing or

21 grading procedures may adversely impact on the

22 ability of minorities to compete successfully for ad23 mission to the United States Coast Guard Academy.

24 (7) The education and professional training

25 provided at the United States Coast Guard Academy
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1 will be enhanced by the benefits that flow from a di2 verse student body.

3 (8) Women and minorities in the United States

4 Coast Guard should be assigned to positions of re5 sponsibility that fully utilize their technical, profes6 sional and leadership skills.

7 (9) Because traditional recruiting methods have

8 failed to rectify the historical underrepresentation

9 and under utilization of women and minorities in the

10 United States Coast Guard, it is necessary and ap11 propriate to authorize the use of the special pro12 grams for recruiting women and minorities into the

13 United States Coast Guard.

14 (b) NEW AUTHORITY.—Section 93 of title 14, United

15 States Code, is amended—

16 (1) by striking ‘‘and’’ after the semicolon at the

17 end of paragraph (t)(2);

18 (2) by striking the period at the end of para19 graph (u) and inserting a semicolon and the word

20 ‘‘and’’; and

21 (3) by adding at the end the following:

22 ‘‘(v) obtain research on Coast Guard personnel re23 source and training needs; and employ special programs

24 for recruiting women and minorities, to include providing

25 financial assistance by grant, cooperative agreement, con-
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1 tract, or otherwise not specifically prohibited by law or

2 regulation, to public or private associations, organizations,

3 or individuals to implement national or local outreach pro4 grams intended to rectify underrepresentation or under5 utilization of women and minorities in the Coast Guard

6 and to meet identified personnel resource requirements

7 and training needs.’’.

8 SEC. 208. CONTRACTS FOR HEALTH CARE SERVICES.

9 (a) Chapter 17 of title 14, United States Code, is

10 amended by inserting after section 644 the following new

11 section:

12 ‘‘§ 644a. Contracts for health care services

13 ‘‘(a) The Subject to the availability of appropriations

14 for this purpose; the Commandant may enter into personal

15 services and other contracts to carry out health care re16 sponsibilities pursuant to section 93 of this title and other

17 applicable provisions of law pertaining to the provision of

18 health care services to Coast Guard personnel and covered

19 beneficiaries. The authority provided in this subsection is

20 in addition to any other contract authorities of the Com21 mandant provided by law or as delegated to the Com22 mandant from time to time by the Secretary, including

23 but not limited to authority relating to the management

24 of health care facilities and furnishing of health care serv25 ices pursuant to title 10 and title 14, United States Code.
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1 ‘‘(b) The total amount of compensation paid to an

2 individual in any year under a personal services contract

3 entered into under subsection (a) shall not exceed the

4 amount of annual compensation (excluding allowances for

5 expenses) allowable for such contracts entered into by the

6 Secretary of Defense pursuant to section 1091 of title 10,

7 United States Code.

8 ‘‘(c)(1) The Secretary shall promulgate regulations to

9 assure—

10 ‘‘(A) the provision of adequate notice of con11 tract opportunities to individuals residing in the area

12 of a medical treatment facility involved; and

13 ‘‘(B) consideration of interested individuals

14 solely on the basis of the qualifications established

15 for the contract and the proposed contract price.

16 ‘‘(2) Upon establishment of the procedures under

17 paragraph (1), the Secretary may exempt personal serv18 ices contracts covered by this section from the competitive

19 contracting requirements specified in section 2304 of title

20 10, United States Code, or any other similar requirements

21 of law.

22 ‘‘(d) The procedures and exemptions provided under

23 subsection (c) shall not apply to personal services con24 tracts entered into under subsection (a) with entities other
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1 than individuals or to any contract that is not an author2 ized personal services contract under subsection (a).’’.

3 (b) The table of sections for chapter 17 of title 14,

4 United States Code, is amended by inserting after the

5 item relating to section 644 the following:

‘‘644a. Contracts for health care services.’’.

6 (c) The amendments made by this section shall take

7 effect on October 1, 1994. Any personal services contract

8 entered into on behalf of the Coast Guard in reliance upon

9 the authority of section 1091 of title 10, United States

10 Code, before that date is confirmed and ratified and shall

11 remain in effect in accordance with the terms of the con12 tract.

13 TITLE III—NAVIGATION SAFETY AND

14 WATERWAY SERVICES MANAGEMENT

15 SEC. 301. STATE RECREATIONAL BOATING SAFETY GRANTS.

16 (a) TRANSFER OF AMOUNTS FOR STATE BOATING

17 SAFETY PROGRAMS.—

18 (1) TRANSFERS.—Section 4(b) of the Act of

19 August 9, 1950 (16 U.S.C. 777c(b); commonly re20 ferred to as the ‘‘Dingell-Johnson Sport Fish Res21 toration Act’’), is amended to read as follows:

22 ‘‘(b)(1) Of the balance of each annual appropriation

23 remaining after making the distribution under subsection

24 (a), an amount equal to $15,000,000 for fiscal year 1995,

25 $40,000,000 for fiscal year 1996, $55,000,000 for fiscal
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1 year 1997, and $69,000,000 for each of fiscal years 1998

2 and 1999, shall, subject to paragraph (2), be used as

3 follows:

4 ‘‘(A) A sum equal to $7,500,000 of the amount

5 available for fiscal year 1995, and a sum equal to

6 $10,000,000 of the amount available for each of fis7 cal years 1996 and 1997, shall be available for use

8 by the Secretary of the Interior for grants under

9 section 5604(c) of the Clean Vessel Act of 1992.

10 Any portion of such a sum available for a fiscal year

11 that is not obligated for those grants before the end

12 of the following fiscal year shall be transferred to

13 the Secretary of Transportation and shall be ex14 pended by the Secretary of Transportation for State

15 recreational boating safety programs under section

16 13106 of title 46, United States Code.

17 ‘‘(B) A sum equal to $7,500,000 of the amount

18 available for fiscal year 1995, $30,000,000 of the

19 amount available for fiscal year 1996, $45,000,000

20 of the amount available for fiscal year 1997, and

21 $59,000,000 of the amount available for each of fis22 cal years 1998 and 1999, shall be transferred to the

23 Secretary of Transportation and shall be expended

24 by the Secretary of Transportation for recreational
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1 boating safety programs under section 13106 of title

2 46, United States Code.

3 ‘‘(C) A sum equal to $10,000,000 of the

4 amount available for each of fiscal years 1998 and

5 1999 shall be available for use by the Secretary of

6 the Interior for—

7 ‘‘(i) grants under section 3(e) of the Boat8 ing Improvement 302(e) of the Coast Guard Au9 thorization Act of 1994; and

10 ‘‘(ii) grants under section 5604(c) of the

11 Clean Vessel Act of 1992.

12 ‘‘(2)(A) Beginning with fiscal year 1996, the amount

13 transferred under paragraph (1)(B) for a fiscal year shall

14 be reduced by the lesser of—

15 ‘‘(i) the amount appropriated for that fiscal

16 year from the Boat Safety Account in the Aquatic

17 Resources Trust Fund established under section

18 9504 of the Internal Revenue Code of 1986 to carry

19 out the purposes of section 13106 of title 46, United

20 States Code; or

21 ‘‘(ii) $35,000,000.

22 ‘‘(B) The amount of any reduction under subpara23 graph (A) shall be apportioned among the several States

24 under subsection (d) by the Secretary of the Interior.’’.
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1 (2) CONFORMING AMENDMENT.—Section

2 5604(c)(1) of the Clean Vessel Act of 1992 (33

3 U.S.C. 1322 note) is amended by striking ‘‘section

4 4(b)(2) of the Act of August 9, 1950 (16 U.S.C.

5 777c(b)(2), as amended by this Act)’’ and inserting

6 ‘‘section 4(b)(1) of the Act of August 9, 1950 (16

7 U.S.C. 777c(b)(1))’’.

8 (b) EXPENDITURE OF AMOUNTS FOR STATE REC9 REATIONAL BOATING SAFETY PROGRAMS.—

10 (1) Section 13106 of title 46, United States

11 Code, is amended—

12 (A) (1) by striking the first sentence of

13 subsection (a)(1) and inserting the following:

14 ‘‘An amount equal to one-half of the amount

15 transferred for each fiscal year to the Boat

16 Safety Account under section 9503(c)(4) of the

17 Internal Revenue Code of 1986 (26 U.S.C.

18 9503(c)(4)) is available for appropriation for

19 State recreational boating safety programs au20 thorized under this chapter. Subject to para21 graph (2), the Secretary shall expend obligate in

22 each fiscal year an amount equal to the total of

23 the amount appropriated from the Boat Safety

24 Account for State recreational boating safety

25 programs for that fiscal year and the amount
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1 transferred to the Secretary under section

2 4(b)(1) of the Act of August 9, 1950 (16

3 U.S.C. 777c(b)(1)) in that fiscal year.’’; and

4 (B) (2) by striking subsection (c).

5 (2) CONFORMING AMENDMENT.—Section

6 3710(b) of title 46, United States Code, is amended

7 by striking ‘‘24 months’’ and inserting ‘‘5 years’’.

8 (c) EXCESS FY 1995 BOAT SAFETY ACCOUNT

9 FUNDS TRANSFER.—Notwithstanding any other provision

10 of law, amounts received by the Highway Trust Fund at11 tributable to motorboat fuel taxes received after Septem12 ber 30, 1995, and before October 1, 1996, that are not

13 transferred to the Boat Safety Account or to the land and

14 water conservation fund provided for in title I of the Land

15 and Water Conservation Fund Act of 1965 shall be made

16 available for use by the Secretary of Transportation for

17 State recreational boating safety programs under section

18 13106 of title 46, United States Code, for fiscal year 1996

19 rather than being transferred into the Sport Fish Restora20 tion Account in the Aquatic Resources Trust Fund.

21 (c) EXCESS FY 1995 BOAT SAFETY ACCOUNT FUNDS

22 TRANSFER.—Notwithstanding any other provision of law,

23 $20,000,000 of the annual appropriation from the Sport

24 Fish Restoration Account in fiscal year 1996 made in ac25 cordance with the provisions of section 3 of the Act of Au-
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1 gust 9, 1950 (16 U.S.C. 777b) shall be excluded from the

2 calculation of amounts to be distributed under section 4(a)

3 of such Act (16 U.S.C. 777c(a)).

4 SEC. 302. BOATING ACCESS.

5 (a) FINDINGS.—The Congress makes the following

6 findings:

7 (1) Nontrailerable recreational motorboats con8 tribute 15 percent of the gasoline taxes deposited in

9 the Aquatic Resources Trust Fund while constitut10 ing less than 5 percent of the recreational vessels in

11 the United States.

12 (2) The majority of recreational vessel access

13 facilities constructed with Aquatic Resources Trust

14 Fund moneys benefit trailerable recreational vessels.

15 (3) More Aquatic Resources Trust Fund mon16 eys should be spent on recreational vessel access fa17 cilities that benefit recreational vessels that are

18 nontrailerable vessels.

19 (b) PURPOSE.—The purpose of this section is to pro20 vide funds to States for the development of public facilities

21 for transient nontrailerable vessels.

22 (c) SURVEY.—Within 18 months after the date of the

23 enactment of this Act, any State may complete and submit

24 to the Secretary of the Interior a survey which identifies—
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1 (1) the number and location in the State of all

2 public facilities for transient nontrailerable vessels;

3 and

4 (2) the number and areas of operation in the

5 State of all nontrailerable vessels that operate on

6 navigable waters in the State.

7 (d) PLAN.—Within 6 months after submitting a sur8 vey to the Secretary of the Interior in accordance with

9 subsection (c), an eligible State may develop and submit

10 to the Secretary of the Interior a plan for the construction

11 and renovation of public facilities for transient

12 nontrailerable vessels to meet the needs of nontrailerable

13 vessels operating on navigable waters in the State.

14 (e) GRANT PROGRAM.—

15 (1) MATCHING GRANTS.—The Secretary of the

Interior may obligate not less than 1 16 ⁄2 of the amount

17 made available for each of fiscal years 1998 and

18 1999 under section 4(b)(1)(C) of the Act of August

19 9, 1950, as amended by section 2(a)(1) of this Act,

20 301(a)(1) of the Coast Guard Authorization Act of

21 1994, to make grants to any eligible State to pay not

22 more than 75 percent of the cost of constructing or

23 renovating public facilities for transient

24 nontrailerable vessels.
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1 (2) PRIORITY.—In awarding grants under this

2 subsection, the Secretary of the Interior shall give

3 priority to projects that—

4 (A) are likely to serve the largest number

5 of nontrailerable vessels; and

6 (B) consist of the construction or renova7 tion of public facilities for transient

8 nontrailerable vessels in accordance with a plan

9 submitted by an eligible State submitted under

10 subsection (b).

11 (f) DEFINITIONS.—For the purpose of this section

12 the term—

13 (1) ‘‘eligible State’’ means a State that—

14 (A) completes and submits to the Sec15 retary of the Interior a survey in accordance

16 with subsection (c); and

17 (B) develops and submits to the Secretary

18 of the Interior a plan in accordance with sub19 section (d);

20 (2) ‘‘nontrailerable vessel’’ means a recreational

21 vessel greater than 26 feet in length;

22 (3) ‘‘public facilities for transient nontrailerable

23 vessels’’ means mooring buoys, day-docks, seasonal

24 slips or similar structures located on navigable wa-
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1 ters, that are available to the general public and de2 signed for temporary use by nontrailerable vessels;

3 (4) ‘‘recreational vessel’’ means a vessel—

4 (A) operated primarily for pleasure; or

5 (B) leased, rented, or chartered to another

6 for the latter’s pleasure; and

7 (5) ‘‘State’’ means each of the several States of

8 the United States, the District of Columbia, the

9 Commonwealth of Puerto Rico, Guam, American

10 Samoa, the United States Virgin Islands, and the

11 Commonwealth of the Northern Marianas.

12 SEC. 303. FOREIGN PASSENGER VESSEL USER FEES.

13 Section 3303 of title 46, United States Code, is

14 amended—

15 (1) by striking ‘‘(a) Except as’’ in subsection

16 (a) and inserting ‘‘Except as’’; and

17 (2) by striking subsection (b).

18 SEC. 304. INCREASED PENALTIES FOR DOCUMENTATION

19 VIOLATIONS.

20 (a) CIVIL PENALTY.—Section 12122(a) of title 46,

21 United States Code, is amended by striking ‘‘$500’’ and

22 inserting ‘‘$25,000’’.

23 (b) SEIZURE AND FORFEITURE.—

24 (1) IN GENERAL.—Section 12122(b) of title 46,

25 United States Code, is amended to read as follows:
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1 ‘‘(b) A vessel and its equipment are liable to seizure

2 by and forfeiture to the United States Government—

3 ‘‘(1) when the owner of a vessel or the rep4 resentative or agent of the owner knowingly falsifies

5 or conceals a material fact, or makes a false state6 ment or representation about the documentation or

7 when applying for documentation of the vessel;

8 ‘‘(2) when a certificate of documentation is

9 knowingly and fraudulently used for a vessel;

10 ‘‘(3) when a vessel is operated after its endorse11 ment has been denied or revoked under section

12 12123 of this title;

13 ‘‘(4) when a vessel is employed in a trade with14 out an appropriate trade endorsement;

15 ‘‘(5) when a documented vessel with only a rec16 reational endorsement is operated other than for

17 pleasure; or

18 ‘‘(6) when a documented vessel is placed under

19 the command of a person not a citizen of the United

20 States.’’.

21 (2) CONFORMING AMENDMENT.—Section

22 12122(c) of title 46, United States Code, is re23 pealed.

24 (c) LIMITATION ON OPERATION OF VESSEL WITH

25 ONLY RECREATIONAL ENDORSEMENT.—Section 12110(c)
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1 of title 46, United States Code, is amended to read as

2 follows: ‘‘A vessel with only a recreational endorsement

3 may not be operated other than for pleasure.’’.

4 ‘‘(c) A vessel with only a recreational endorsement

5 may not be operated other than for pleasure.’’.

6 SEC. 305. OUTER CONTINENTAL SHELF CIVIL PENALTIES.

7 Section 24(b) of the Outer Continental Shelf Lands

8 Act (43 U.S.C. 1350(b)) is amended—

9 (1) by striking ‘‘paragraph (2),’’ in paragraph

10 (1) and inserting ‘‘paragraphs (2) and (3),’’; and

11 (2) by adding at the end thereof the following:

12 ‘‘(3)(A) If a person fails to comply with or vio13 lates a regulation issued under this Act by the Sec14 retary of the department in which the Coast Guard

15 is operating, that person is liable, without regard to

16 the requirement of the expiration of a period allowed

17 for corrective action, to the United States Govern18 ment for a civil penalty of not more than the

19 amount provided in paragraph (1) for each day of

20 the continuance of that failure or violation.

21 ‘‘(B) The Secretary of the department in which

22 the Coast Guard is operating is authorized to assess

23 the amount of the civil penalty for which a person

24 is liable for failure to comply with or for violating

25 a regulation issued under this Act by the Secretary
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1 of the department in which the Coast Guard is oper2 ating. The assessment of the civil penalty shall be by

3 written notice and after an opportunity for a

4 hearing.

5 ‘‘(C) In determining the amount of the penalty,

6 the Secretary of the department in which the Coast

7 Guard is operating shall consider the nature, cir8 cumstances, extent, and gravity of the prohibited

9 acts committed and, with respect to the violator, the

10 degree of culpability, any history of prior offenses,

11 ability to pay, and other matters that justice

12 requires.

13 ‘‘(D) The Secretary of the department in which

14 the Coast Guard is operating may compromise, mod15 ify, or remit, with or without consideration, a civil

16 penalty under this Act until referring the assessment

17 to the Attorney General.

18 ‘‘(E) If a person fails to pay an assessment of

19 a civil penalty after it has become final, the Sec20 retary of the department in which the Coast Guard

21 is operating may refer the matter to the Attorney

22 General for collection in an appropriate district

23 court of the United States.’’.
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1 SEC. 306. AMENDMENT TO REQUIRE EPIRBS ON THE GREAT

2 LAKES.

3 Paragraph (7) of section 4502(a) of title 46, United

4 States Code, is amended by inserting ‘‘or beyond 3 nau5 tical miles from the coastline of the Great Lakes’’ after

6 ‘‘high seas’’.

7 SEC. 307. INSPECTION OF SMALL PASSENGER VESSELS.

8 Section 3307 of title 46, United States Code, is

9 amended—

10 (1) by striking ‘‘and nautical school vessel’’ in

11 paragraph (1) and inserting ‘‘, nautical school ves12 sel, and small passenger vessel carrying more than

13 12 passengers on an international voyage’’,

14 (2) by inserting ‘‘and’’ after the semicolon in

15 paragraph (1),

16 (3) by striking paragraph (2) and redesignating

17 paragraph (3) as (2), and

18 (4) by striking ‘‘2 years’’ in paragraph (2) (as

19 redesignated) and inserting ‘‘5 years’’.

20 SEC. 308. PENALTIES FOR DEFECTIVE SERVICING OR AL21 TERATION OF MARINE SAFETY EQUIPMENT.

22 Section 3318(b) of title 46, United States Code, is

23 amended—

24 (1) by inserting ‘‘(1)’’ before ‘‘A person’’; and

25 (2) by adding at the end thereof the following:
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1 ‘‘(2) A person that knowingly alters lifesaving,

2 fire safety, or any other equipment subject to this

3 part, so that the equipment altered is so defective as

4 to be insufficient to accomplish the purpose for

5 which it is intended, commits a class D felony.’’.

6 TITLE IV—MISCELLANEOUS PROVISIONS

7 SEC. 401. THACHER ISLAND LIGHTHOUSE.

8 (a) AUTHORITY TO CONVEY.—

9 (1) IN GENERAL.—The Secretary of Transpor10 tation may convey to the Town of Rockport, Massa11 chusetts, by an appropriate means of conveyance, all

12 right, title, and interest of the United States in and

13 to property comprising Thacher Island, except that

14 the Coast Guard shall retain all right, title, or inter15 est in any historical artifact, including any lens or

16 lantern on the property conveyed pursuant to this

17 section, or belonging to the property, whether lo18 cated on the property or elsewhere.

19 (2) IDENTIFICATION OF PROPERTY.—The Sec20 retary may identify, describe, and determine the

21 property to be conveyed pursuant to this section.

22 (b) TERMS AND CONDITIONS.—

23 (1) IN GENERAL.—A conveyance of property

24 pursuant to this section shall be made—

25 (A) without payment of consideration; and
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1 (B) subject to such terms and conditions

2 as the Secretary may consider appropriate.

3 (2) REVERSIONARY INTEREST.—In addition to

4 any term or condition established pursuant to para5 graph (1), any conveyance of property pursuant to

6 this section shall be subject to the condition that all

7 right, title, and interest in Thacher Island shall im8 mediately revert to the General Services Administra9 tion of the United States of America if Thacher Is10 land ceases to be maintained and used as a non11 profit center for public benefit for the interpretation

12 and preservation of the material culture of the

13 United States Coast Guard and the maritime history

14 of Thacher Island, Massachusetts. In connection

15 therewith, the property may be used for educational,

16 historic, recreational, and cultural programs open to

17 and for the benefit of the general public. Other uses

18 not inconsistent with the foregoing uses are per19 mitted unless the Secretary shall reasonably deter20 mine that such uses are incompatible with the his21 toric nature of this property or with other provisions

22 of this section.

23 (3) MAINTENANCE OF NAVIGATION FUNC24 TIONS.—Any conveyance of property pursuant to

25 this section shall be made subject to such conditions
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1 as the Secretary considers to be necessary to assure

2 that—

3 (A) the light, antennas, sound signal, and

4 associated lighthouse equipment, and any elec5 tronic navigation equipment located on the

6 property conveyed which are active aids to navi7 gation shall continue to be operated and main8 tained by the United States for as long as they

9 are needed for this purpose;

10 (B) the Town of Rockport may not inter11 fere or allow interference in any manner with

12 such aids to navigation without express written

13 permission from the United States;

14 (C) there is reserved to the United States

15 the right to relocate, replace, or add any aids

16 to navigation, or make any changes on any por17 tion of such property as may be necessary for

18 navigation purposes;

19 (D) the United States shall have the right,

20 at any time, to enter such property without no21 tice for the purpose of maintaining aids to navi22 gation; and

23 (E) the United States shall have an ease24 ment of access to such property for the purpose

25 of maintaining the aids to navigation in use on
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1 the property, and an easement for an arc of

2 visibility.

3 (c) PROPERTY TO BE MAINTAINED IN ACCORDANCE

4 WITH CERTAIN LAWS.—The Town of Rockport shall

5 maintain Thacher Island in accordance with the provisions

6 of the National Historic Preservation Act of 1966 (16

7 U.S.C. 470 et seq.) and other applicable laws.

8 (d) DEFINITIONS.—For purposes of this section:

9 (1) The term ‘‘Thacher Island’’ means the

10 Coast Guard property located on Thacher Island,

11 Massachusetts, which is located off the coast of

12 Cape Ann, Massachusetts, within the boundaries of

13 the Town of Rockport, Massachusetts, including the

14 light tower, sound signal building, any other ancil15 lary buildings, and such land as may be necessary

16 to enable the Town of Rockport to operate a non17 profit center for public benefit.

18 (2) The term ‘‘Secretary’’ means the Secretary

19 of the department in which the Coast Guard is oper20 ating.

21 SEC. 402. TRANSFER OF COAST GUARD PROPERTY IN

22 KETCHIKAN, ALASKA.

23 (a) CONVEYANCE REQUIREMENT.—The Secretary of

24 Transportation shall convey to the Ketchikan Indian Cor25 poration in Ketchikan, Alaska, without reimbursement
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1 and by no later than 120 days after the date of this Act,

2 all right, title, and interest of the United States in and

3 to the property known as the ‘‘Former Marine Safety De4 tachment’’ as identified in Report of Excess Number CG–

5 689 (GSA Control Number 9–U–AK–0747) and described

6 in subsection (b).

7 (b) PROPERTY DESCRIBED.—The property referred

8 to in subsection (a) is real property located in the city

9 of Ketchikan, Township 75 south, range 90 east, Copper

10 River Meridian, First Judicial District, State of Alaska,

11 and commencing at corner numbered 10, United States

12 Survey numbered 1079, the true point of beginning for

13 this description: Thence north 24 degrees 04 minutes east,

14 along the 10–11 line of said survey a distance of 89.76

15 feet to corner numbered 1 of lot 5B; thence south 65 de16 grees 56 minutes east a distance of 345.18 feet to corner

17 numbered 2 of lot 5B; thence south 24 degrees 04 minutes

18 west a distance of 101.64 feet to corner numbered 3 of

19 lot 5B; thence north 64 degrees 01 minute west a distance

20 of 346.47 feet to corner numbered 10 of said survey, to

21 the true point of beginning, consisting of 0.76 acres (more

22 or less), and all improvements located on that property,

23 including buildings, structures, and equipment.

24 (c) REVERSIONARY INTEREST.—In addition to any

25 term or condition established pursuant to subsection (a),
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1 any conveyance of property described in subsection (b)

2 shall be subject to the condition that all right, title, and

3 interest in and to the property so conveyed shall imme4 diately revert to the United States if the property, or any

5 part thereof, ceases to be used by the Ketchikan Indian

6 Corporation as a Native health clinic.

7 SEC. 403. FLORIDA AVENUE BRIDGE.

8 For purposes of the alteration of the Florida Avenue

9 Bridge (located approximately 1.63 miles east of the Mis10 sissippi River on the Gulf Intracoastal Waterway in Orle11 ans Parish, Louisiana) ordered by the Secretary of Trans12 portation under the Act of June 21, 1940 (33 U.S.C. 511

13 et seq.; popularly known as the Truman-Hobbs Act), the

14 Secretary shall treat the drainage siphon that is adjacent

15 to the bridge as an appurtenance of the bridge, including

16 with respect to apportionment and payment of costs for

17 the removal of the drainage siphon in accordance with that

18 Act.

19 SEC. 404. TUNA FISHING VESSELS.

20 (a) IN GENERAL.—Transferring to foreign registry

21 any tuna fishing vessel which is an agreement vessel docu22 mented under the laws of the United States shall not be

23 treated, for purposes of section 607 of the Merchant Ma24 rine Act, 1936, (46 App. U.S.C. 1177), or for purpose
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1 of the Internal Revenue Code of 1986 or any other law

2 of the United States, as—

3 (1) the disposition of an agreement vessel, or

4 (2) a failure to meet any substantial obligation

5 under an agreement entered into between the owner

6 or operator of the vessel and the Secretary if—

7 (A) the vessel, before registry transfer, ei8 ther regularly fished in for tuna in the Eastern

9 Pacific Ocean or regularly fished in the Pacific

10 Ocean but did not regularly have a license to

11 fish tuna in the Western Pacific Ocean;

12 (B) the vessel will, after registry transfer,

13 continue to be controlled directly or indirectly

14 by the last agreement holder of record, as of

15 the time of registry transfer, under section 607

16 of the Merchant Marine Act, 1936, (46 App.

17 U.S.C. 1177); and

18 (C) the vessel will, after registry transfer,

19 continue to be operated in compliance with sec20 tion 307 of the Marine Mammal Protection Act

21 of 1972 (46 App. U.S.C. 1417) and subjected

22 to continuous observer coverage under the ar23 rangements provided by the Inter-American

24 Tropical Tuna Commission or under any such
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1 other international arrangements as may be ap2 proved by the Secretary.

3 (b) NONCOMPLIANCE.—Noncompliance with any of

4 the provisions above will, for purposes of section 607 of

5 the Merchant Marine Act, 1936 (46 App. U.S.C. 1177),

6 be treated as the disposition of an agreement vessel and

7 a failure to meet a substantial obligation under any agree8 ment entered into between the owner or operator of the

9 vessel and the Secretary as if this section had not applied

10 and as if the vessel’s registry had not been transferred.

11 (c) DEFINITIONS.—Any term defined in section

12 607(k) of the Merchant Marine Act, 1936 (46 App. U.S.C.

13 1177(k)), that is used in this section shall have the mean14 ing given that term in that section.

15 (d) TREATMENT OF INCOME AND EXPENSES.—All

16 vessel income and expense (including pass-throughs to

17 shareholders and partners, if any) will, after registry

18 transfer, continue to be fully subject to the Internal Reve19 nue Code of 1986 and reported as income and taxed in

20 the United States as if the vessel’s registry had not been

21 transferred.

22 (e) EFFECTIVE DATE.—This section shall apply to

23 any registry transfer effected before January 1, 1997.
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1 TITLE V—RECREATIONAL BOATING

2 SAFETY IMPROVEMENT

3 SEC. 501. PERSONAL FLOTATION DEVICES REQUIRED FOR

4 CHILDREN.

5 (a) PROHIBITION.—Section 4307(a) of title 46,

6 United States Code, is amended—

7 (1) by striking ‘‘or’’ after the semicolon in

8 paragraph (2);

9 (2) by striking the period at the end of para10 graph (3) and inserting a semicolon and ‘‘or’’; and

11 (3) by adding at the end the following:

12 ‘‘(4) operate a recreational vessel under 26 feet

13 in length unless each individual 6 years of age or

14 younger wears a Coast Guard approved personal flo15 tation device when the individual is on an open deck

16 of the vessel.’’.

17 (b) STATE AUTHORITY PRESERVED.—Section 4307

18 of title 46, United States Code, is amended by adding at

19 the end thereof the following:

20 ‘‘(c) Subsection (a)(4) shall not be construed to limit

21 the authority of a State to establish requirements relating

22 to the wearing of personal flotation devices on recreational

23 vessels that are more stringent than that subsection.’’.
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1 SEC. 502. ALLOCATION OF FUNDS BASED ON STATE ADOP2 TION OF LAWS REGARDING BOATING WHILE

3 INTOXICATED.

4 Section 13103 of title 46, United States Code, is

5 amended—

6 (1) by redesignating subsections (a), (b), and

7 (c) as (b), (c), and (d), respectively;

8 (2) by inserting before subsection (b) (as redes9 ignated) the following:

10 ‘‘(a)(1) Beginning in fiscal year 1998, of the amounts

11 transferred to the Secretary each fiscal year pursuant to

12 section 4(b) of the Act of August 9, 1950 (16) (16 U.S.C.

13 777c(b)), the Secretary shall allocate for State rec14 reational boating safety programs $10,000,000 as follows:

15 ‘‘(A) One-half shall be allocated in accordance

16 with paragraph (2) among eligible States that—

17 ‘‘(i) prohibit operation of a recreational

18 vessel by an individual who is under the influ19 ence of alcohol or drugs; and

20 ‘‘(ii) establish a blood alcohol concentration

21 limit of .10 percent or less.

22 ‘‘(B) One-half shall be allocated in accordance

23 with paragraph (2) among eligible States that—

24 ‘‘(i) prohibit operation of a recreational

25 vessel by an individual who is under the influ26 ence of alcohol or drugs; and
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1 ‘‘(ii) establish an implied consent require2 ment that specifies that individuals are deemed

3 to have given their consent to evidentiary test4 ing for their blood alcohol concentration or

5 presence of other intoxicating substances.

6 ‘‘(2) Of the amount allocated under subparagraph

7 (A) or (B) of paragraph (1) each fiscal year—

8 ‘‘(A) one-half shall be allocated equally among

9 all eligible States receiving an allocation under that

10 subparagraph for the fiscal year; and

11 ‘‘(B) one-half shall be allocated among those el12 igible States so that each such State receives an

13 amount bearing the same ratio to the total amount

14 allocated under that subparagraph for the fiscal year

15 as the number of vessels numbered in that State

16 under a system approved under chapter 123 of this

17 title bears to the total number of vessels numbered

18 under approved systems of all States receiving an al19 location under that subparagraph for the fiscal

20 year.’’;

21 (3) by inserting ‘‘the balance of remaining’’

22 after ‘‘allocate’’ in subsection (v) (b) as redesignated;

23 and

24 (4) by adding at the end the following new sub25 section:
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1 ‘‘(e) A State shall not be ineligible for an allocation

2 under subsection (a) because of the adoption by the State

3 of any requirement relating to the operation of a rec4 reational vessel while under the influence of alcohol or

5 drugs that is more stringent than the requirements for

6 receiving the allocation.’’.

7 SEC. 503. MARINE CASUALTY REPORTING.

8 (a) SUBMISSION OF PLAN.—Not later than one year

9 after enactment of this Act, the Secretary of Transpor10 tation shall, in consultation with appropriate State agen11 cies, submit to the Committee on Merchant Marine and

12 Fisheries of the House of Representatives and the Com13 mittee on Commerce, Science, and Transportation of the

14 Senate a plan to increase reporting of vessel accidents to

15 appropriate State law enforcement officials.

16 (b) PENALTIES FOR VIOLATING REPORTING RE17 QUIREMENTS.—Section 6103(a) of title 46, United States

18 Code, is amended by inserting ‘‘or 6102’’ after ‘‘6101’’

19 the second place it appears.

20 SEC. 504. REQUIRING VIOLATORS TO TAKE RECREATIONAL

21 BOATING SAFETY COURSE.

22 (a) NEGLIGENT OPERATION.—Section 2302 of title

23 46, United States Code, is amended by adding at the end

24 the following:
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1 ‘‘(e) An individual operating a recreational vessel in

2 violation of this section shall complete a boating safety

3 course approved by the Secretary.’’.

4 (b) OTHER VIOLATIONS.—Section 4311 of title 46,

5 United States Code, is amended by adding at the end the

6 following:

7 ‘‘(h) A person who operates a recreational vessel in

8 violation of this chapter or a regulation prescribed under

9 this chapter may be ordered to complete a recreational

10 boating safety course approved by the Secretary.’’.

11 SEC. 505. TECHNICAL CORRECTIONS.

12 Section 13108(a)(1) of title 46, United States Code,

13 is amended by—

14 (1) striking ‘‘proceeding’’ and inserting ‘‘pre15 ceding’’; and

16 (2) striking ‘‘Secertary’’ and inserting ‘‘Sec17 retary’’.

18 TITLE VI—TOWING VESSEL SAFETY

19 SEC. 601. MINIMUM NAVIGATIONAL SAFETY EQUIPMENT

20 FOR TOWING VESSELS.

21 (a) IN GENERAL.—Section 4102 of title 46, United

22 States Code, is amended by adding at the end the follow23 ing:

24 ‘‘(f)(1) In prescribing regulations for towing vessels,

25 the Secretary—
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1 ‘‘(A) shall consider the characteristics, methods

2 of operation, and nature of the service of towing ves3 sels;

4 ‘‘(B) shall consult with the Towing Safety Advi5 sory Committee; and

6 ‘‘(C) may require, to the extent appropriate, the

7 installation, maintenance, and use of the following

8 equipment on each towing vessel, other than a tow9 ing vessel that is used only for towing disabled

10 vessels:

11 ‘‘(i) A radar system.

12 ‘‘(ii) A sonic depth finder.

13 ‘‘(iii) A compass or swing meter.

14 ‘‘(iv) Adequate towing wire and associated

15 equipment.

16 ‘‘(v) Up-to-date navigational charts and

17 publications for the areas normally transited by

18 the vessel.

19 ‘‘(vi) Other safety equipment the Secretary

20 determines to be necessary.

21 ‘‘(2)(A) The Secretary shall establish in regulations

22 under this chapter requirements that—

23 ‘‘(i) any equipment required on a towing vessel

24 under paragraph (1) shall be maintained in effective

25 operating condition; and
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1 ‘‘(ii) if such equipment on a vessel ceases to op2 erate, the operator of the vessel shall exercise due

3 diligence to restore the equipment to effective oper4 ating condition, or cause it to be restored to that

5 condition, at the earliest practicable date.

6 ‘‘(B) The failure of equipment required on a towing

7 vessel under paragraph (1) shall not, by itself, constitute

8 a violation of this chapter.’’.

9 (b) REGULATIONS.—The Secretary of Transportation

10 shall issue regulations by not later than 12 months after

11 the date of the enactment of this Act, prescribing naviga12 tional publication and equipment requirements under sub13 section (f) of section 4102 of title 46, United States Code,

14 as added by subsection (a) of this section.

15 SEC. 602. DEMONSTRATION OF PROFICIENCY IN USE OF

16 NAVIGATIONAL SAFETY EQUIPMENT RE17 QUIRED.

18 Section 7101 of title 46, United States Code, is

19 amended by adding at the end the following:

20 ‘‘(j) The Secretary shall require an individual who ap21 plies for issuance or renewal of a towing vessel operators

22 license to demonstrate proficiency in the use of naviga23 tional safety equipment.’’.
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1 SEC. 603. REPORTING MARINE CASUALTIES.

2 (a) EXPEDITED REPORTING REQUIRED.—Section

3 6101(b) of title 46, United States Code, is amended by

4 striking ‘‘within 5 days’’ and inserting ‘‘by as soon as

5 practicable, but in no case later than within 5 days,’’.

6 (b) PENALTY FOR FAILURE TO REPORT A CAS7 UALTY.—Section 6103(a) of title 46, United States Code

8 is amended by striking ‘‘$1,000’’ and inserting ‘‘not more

9 than $25,000’’.

10 (c) REGULATIONS.—Not later than 90 days after the

11 date of the enactment of this Act, the Secretary shall pre12 scribe regulations implementing the amendment made by

13 subsection (a).

14 SEC. 604. REPORT ON ADEQUACY AND EFFECTIVENESS OF

15 MANNING AND PROGRESS IMPROVING LI16 CENSING REQUIREMENTS FOR OPERATION

17 OF TOWING VESSELS.

18 Not later than 6 months after the date of the enact19 ment of this Act, the Secretary of Transportation shall

20 submit a report to the Congress on—

21 (1) the adequacy and effectiveness of manning

22 of towing vessels; and

23 (2) progress made in implementing improve24 ments in towing vessel operator licensing require25 ments.
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1 SEC. 605. REPORT ON FEASIBILITY OF ESTABLISHING A

2 DIFFERENTIAL GLOBAL POSITIONING SAT3 ELLITE NAVIGATIONAL SYSTEM AND ELEC4 TRONIC CHARTS FOR INLAND WATERWAYS.

5 Not later than 6 months after the date of the enact6 ment of this Act, the Secretary of Transportation shall

7 submit a report to the Congress on the feasibility of estab8 lishing a differential global positioning satellite navigation

9 system and creating electronic charts for the inland water10 ways of the United States.

11 TITLE VII—ACT TO PREVENT POLLUTION

12 FROM SHIPS AMENDMENTS

13 SEC. 701. DEFINITION OF OPERATOR.

14 (a) IN GENERAL.—Subparagraph (b) of section

15 2(a)(5) of the Act to Prevent Pollution from Ships (33

16 U.S.C. 1901(a)(5)(b)) is amended to read as follows: ‘‘(b)

17 in the case of a terminal, any person who by law, lease,

18 contract, or other arrangement, provides a berth at a port

19 or terminal or other mooring arrangement for the ship to

20 transfer cargo to or from shore;’’.

21 (b) TECHNICAL AMENDMENTS.—Section 6 of such

22 Act (33 U.S.C. 1905) is amended—

23 (1) by striking ‘‘a person in charge’’ and insert24 ing ‘‘an operator’’;

25 (2) by striking ‘‘Persons in charge’’ in sub26 section (a)(2) and inserting ‘‘Operators’’; and
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1 (3) in subsection (c)(2), by striking ‘‘person in

2 charge’’ in subsection (c)(2) and inserting ‘‘opera3 tor’’.

4 SEC. 702. PREVENTION OF POLLUTION FROM SHIPS.

5 (a) IN GENERAL.—Section 6 of such Act (33 U.S.C.

6 1905) is amended—

7 (1) by striking ‘‘(2) If’’ in subsection (c)(2) and

8 inserting ‘‘(2)(A) Subject to paragraph subpara9 graph (B), if’’;

10 (2) by adding at the end of subsection (c)(2)

11 the following:

12 ‘‘(B) The Secretary may issue a certificate

13 attesting to the adequacy of reception facilities

14 under this paragraph only if, prior to the issu15 ance of the certificate, the Secretary conducts

16 an inspection of the reception facilities of the

17 port or terminal that is the subject of the cer18 tificate.’’; and

19 (3) by striking subsection (c)(3)(A) and insert20 ing the following:

21 ‘‘(A) is valid for the 5-year period begin22 ning on the date of issuance of the certificate,

23 except that if—

24 ‘‘(i) the charge for operation of the

25 port or terminal is transferred to a person
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1 or entity other than the person or entity

2 that is the operator on the date of issuance

3 of the certificate—

4 ‘‘(I) the certificate shall expire on

5 the date that is 30 days after the date

6 of the transfer; and

7 ‘‘(II) the new operator shall be

8 required to submit an application for

9 a certificate before a certificate may

10 be issued for the port or terminal; or

11 ‘‘(ii) the certificate is suspended or re12 voked by the Secretary,

13 the certificate shall cease to be valid; and’’;

14 (4) by amending subsection (d) to read as

15 follows:

16 ‘‘(d)(1) The Secretary shall maintain a list of ports

17 or terminals with respect to which a certificate issued

18 under this section—

19 ‘‘(A) is in effect; or

20 ‘‘(B) has been revoked or suspended.

21 ‘‘(2) The Secretary shall make the list referred to in

22 paragraph (1) available to the general public.’’;

23 (5) in subsection (e)—
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1 (A) by striking ‘‘Except in the case’’ in

2 paragraph (1) and inserting ‘‘(1) Except as pro3 vided in paragraph (3) (2) and in the case’’;

4 (B) by striking ‘‘The Secretary’’ in para5 graph (2) and inserting ‘‘Except as provided in

6 paragraph (3), the Secretary’’; and

7 (B) by redesignating paragraphs (1) and

8 (2) as (A) and (B) respectively; and

9 (C) by adding at the end the following new

10 paragraph:

11 ‘‘(3)(A) (2)(A) Not later than 18 months after

12 the date of enactment of the Coast Guard Author13 ization Act of 1994, the Secretary shall, by regula14 tion, establish a procedure by which the Secretary

15 may assess a civil penalty against the operator of a

16 port or terminal in lieu of denying the entry of a

17 ship to the port or terminal pursuant to paragraph

18 (1) or (2). (1).

19 ‘‘(B) The amount of a penalty referred to in

20 subparagraph (A) shall not exceed the maximum

21 amount allowable per day of violation that the Sec22 retary may assess under this Act.

23 ‘‘(C) If a port or terminal remains in violation

24 of an applicable requirement of a regulation referred

25 to in paragraph (1) or (2) (1) on the date that is
49

•S 2373 RS

1 30 days after the date on which the Secretary ini2 tially determines that the port or terminal is in vio3 lation of an applicable requirement of a regulation,

4 the Secretary shall, pursuant to regulations promul5 gated under subparagraph (D) of this paragraph, re6 voke the certificate of the port or terminal.

7 ‘‘(D) In addition to carrying out the duties

8 specified in subparagraphs (A) through (C), not

9 later than 18 months after the date of enactment of

10 this paragraph the Coast Guard Authorization Act of

11 1994, the Secretary shall develop, and issue regula12 tions for, revocation and reinstatement procedures

13 that the Secretary shall apply in carrying out this

14 paragraph.’’;

15 (6) in subsection (f)—

16 (A) by inserting ‘‘(1)’’ before ‘‘The Sec17 retary’’; and

18 (B) by adding at the end the following new

19 paragraph:

20 ‘‘(2)(A) Not later than 18 months after the

21 date of enactment of the Coast Guard Authorization

22 Act of 1994, the Secretary shall promulgate regula23 tions that require the operator of each port or termi24 nal that is subject to any requirement of the

25 MARPOL Protocol relating to reception facilities to
50

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1 post a placard in a location that can easily be seen

2 by port and terminal users. The placard shall state,

3 at a minimum, that a user of a reception facility of

4 the port or terminal should report to the Secretary

5 any inadequacy of the reception facility.

6 ‘‘(B) The Secretary shall promulgate regula7 tions to carry out this paragraph, including speci8 fications for the placards referred to in subpara9 graph (A).

10 ‘‘(C) The Secretary shall make available to the

11 general public any report received by the Secretary

12 under this paragraph.’’; and

13 (7) by adding at the end the following new sub14 section:

15 ‘‘(g) The Secretary shall—

16 ‘‘(1) establish a program to ensure that the

17 owner, operator, or person in charge of each port or

18 terminal that is not required to apply for a certifi19 cate under this section makes available a reception

20 facility that meets the requirements for reception fa21 cilities under the regulations promulgated under

22 subsection (a)(2); and

23 ‘‘(2) not later than 2 years after the date of en24 actment of this subsection, the Coast Guard Author25 ization Act of 1994, and every 2 years thereafter,
51

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1 submit a report to Congress on Coast Guard activi2 ties regarding the ports and terminals described in

3 paragraph (1).’’.

4 (b) REFUSE RECORD BOOKS; WASTE MANAGEMENT

5 PLANS; NOTIFICATION OF CREW AND PASSENGERS.—

6 Section 4(b) of such Act (33 U.S.C. 1903(b)) is amend7 ed—

8 (1) by amending subparagraph (A) of para9 graph (2) to read as follows:

10 ‘‘(A) not later than 1 year after the date

11 of enactment of the Water Pollution Prevention

12 and Control Coast Guard Authorization Act of

13 1994, issue regulations that require each ship

14 to—

15 ‘‘(i) maintain refuse records (either as

16 part of the log book of the ship or in a

17 separate record book);

18 ‘‘(ii) establish shipboard waste man19 agement plans; and

20 ‘‘(iii) display a placard and conduct a

21 briefing that notifies the crew and pas22 sengers of the ship of the requirements of

23 Annex V of the Convention;’’; and

24 (2) by adding at the end the following new

25 paragraph:
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1 ‘‘(3)(A) The Secretary of Agriculture, acting

2 through the Administrator of the Animal and Plant

3 Health Inspection Service, shall assist the Secretary

4 in carrying out the enforcement of this Act, to the

5 extent that the assistance provided under this sub6 paragraph does not impede the ability of the Sec7 retary of Agriculture, acting through the Adminis8 trator of the Animal and Plant Health Inspection

9 Service, to carry out the functions of the Animal and

10 Plant Health Inspection Service.

11 ‘‘(B) The Secretary of Agriculture, in coordina12 tion with the Secretary, shall review and revise

13 boarding procedures of the Animal and Plant Health

14 Inspection Service to improve the enforcement of

15 this Act.

16 ‘‘(C) The review and revision of the boarding

17 procedures referred to in subparagraph (B) shall

18 include—

19 ‘‘(i) a revision of any boarding forms used

20 by the Secretary (including adding questions) to

21 provide information in sufficient detail to enable

22 the Secretary to adequately enforce this Act;

23 ‘‘(ii) the coordination of efforts of inspec24 tors of the Animal and Plant Health Inspection

25 Service to facilitate the tracking of ships sus-
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1 pected to be in violation of this Act from port

2 to port;

3 ‘‘(iii) the coordination of the inspection ac4 tivities of the Animal and Plant Health Inspec5 tion Service with the inspection activities of the

6 Coast Guard, to ensure that any violation of

7 this Act may be easily determined, and that an

8 appropriate penalty is assessed for the violation;

9 and

10 ‘‘(iv) methods for using inspectors of the

11 Animal and Plant Health Inspection Service to

12 determine compliance with the regulations pro13 mulgated under section 6(a)(2).’’.

14 (c) SIZE AND USE.—Section 3(a) of such Act (33

15 U.S.C. 1902(a)) is amended—

16 (1) by striking ‘‘and’’ at the end of paragraph

17 (3);

18 (2) by striking the period at the end of para19 graph (4) and inserting ‘‘; and’’; and

20 (3) by adding at the end the following new

21 paragraph:

22 ‘‘(5) with respect to section 4(b)(2)(A)—

23 ‘‘(A) to—

24 ‘‘(i) a manned oceangoing United

25 States ship of 40 feet or more in length
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1 that is engaged in commerce and is docu2 mented under the laws of the United

3 States or numbered by a State; and

4 ‘‘(ii) a manned fixed or floating plat5 form subject to the jurisdiction of the

6 United States, or operated under the au7 thority of the United States, wherever lo8 cated; and

9 ‘‘(B) to any other ship of a size and use

10 specified by the Secretary not later than 18

11 months after the date of enactment of the

12 Coast Guard Authorization Act of 1994.’’.

13 (d) PENALTIES FOR VIOLATIONS.—Section 9 of such

14 Act (33 U.S.C. 1908) is amended—

15 (1) by redesignating subsections (c) through (f)

16 as (d) through (g) respectively;

17 (2) by inserting after subsection (b) the follow18 ing new subsection:

19 ‘‘(c)(1) Any person authorized by the Secretary for

20 the purposes of this subsection may, where reasonable

21 cause exists to believe that an owner, operator, or person

22 in charge of a ship—

23 ‘‘(A) has disposed of garbage in violation of

24 Annex V of MARPOL or regulations issued under

25 this Act; or
55

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1 ‘‘(B) has violated any regulation promulgated

2 under section 4(b)(2)(A) of this Act—

3 issue a citation to such owner, operator, or person in

4 charge. Such citation shall specify the regulation violated

5 and the applicable penalty amount for such violation, as

6 prescribed by the Secretary in regulations.

7 ‘‘(2) On the thirtieth day following issuance of the

8 citation, such amount shall constitute a final assessment

9 for the purposes of this section and shall be due and pay10 able to the United States, unless prior to that date the

11 owner, operator, or person in charge of the ship submits

12 a written request for a hearing to the Secretary. Sub13 section (b) of this section shall apply to any case in which

14 such a written request has been submitted.

15 ‘‘(3) For the purposes of paragraph (1) of this sub16 section, reasonable cause exists to believe that an owner,

17 operator, or person in charge of a ship has disposed of

18 garbage in violation of Annex V or regulations issued

19 under this Act where, inter alia—

20 ‘‘(A) the person in charge refuses, fails, or is

21 unable to produce to the person authorized by the

22 Secretary any recently issued documents dem23 onstrating a recent lawful disposal of ship’s garbage

24 or, where a ship’s incinerator has been installed,

25 plastic residue from such incinerator, and
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1 ‘‘(B) the quantity of plastic waste materials on

2 board the ship is less than the amount of such waste

3 estimated, in accordance with regulations issued by

4 the Secretary, to have been generated on board the

5 ship subsequently to the last lawful disposal which

6 is demonstrated to the person authorized by the

7 Secretary.

8 ‘‘(4) A citation for a violation that requires a civil

9 penalty may be issued by the appropriate Coast Guard of10 ficial if, on the inspection of a ship, an appropriate official

11 of the Coast Guard determines that—

12 ‘‘(A) the person in charge of the ship has no re13 ceipts documenting—

14 ‘‘(i) the disposal of garbage; or

15 ‘‘(ii) in any case in which an incinerator is

16 on board the ship, the disposal of plastic resi17 due, if any, from the incinerator;

18 ‘‘(B) there is no incinerator on board the ship;

19 or

20 ‘‘(C) the quantity of plastic waste materials on

21 board the ship is too small with respect to the quan22 tity of plastic waste materials estimated to have

23 been generated on board the ship (on the basis of

24 documentation from the last legal disposal of plastic

25 waste materials from the ship).
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•S 2373 RS

1 ‘‘(5) Not later than 30 days after the issuance of a

2 citation pursuant to paragraph (2), the recipient of the

3 citation shall either—

4 ‘‘(A) pay the amount of the civil penalty; or

5 ‘‘(B) submit a written request for a hearing on

6 the assessment of the civil penalty.

7 ‘‘(6) The Secretary, in consultation with the Sec8 retary of Agriculture, shall issue regulations which ensure

9 that the record in a log book of the disposal of garbage

10 alone does not constitute proof of lawful disposal of gar11 bage.’’; and

12 (3) in subsection (g), as redesignated by para13 graph (1)—

14 (A) by inserting ‘‘(1)’’ before ‘‘Notwith15 standing’’;

16 (B) by striking ‘‘or (d)’’ and inserting ‘‘or

17 (e)’’; and

18 (C) by adding at the end the following new

19 paragraphs:

20 ‘‘(2) If the Secretary—

21 ‘‘(A) conducts an investigation and refers a

22 matter pursuant to paragraph (1) to the appro23 priate official of a foreign country that is a

24 party to the MARPOL Protocol relating to a

25 violation of suspected violation by an owner, op-
58

•S 2373 RS

1 erator, or person in charge of a ship that is reg2 istered in the foreign country of a requirement

3 of the MARPOL Protocol; and

4 ‘‘(B) the official of the foreign country

5 does not provide a response that the Secretary

6 determines appropriate; paragraph (3) shall

7 apply.

8 ‘‘(3) If the conditions referred to in subpara9 graphs (A) and (B) of paragraph (2) are met, the

10 Secretary of the Treasury, on the request of the Sec11 retary, may, with respect to the ship referred to in

12 paragraph (2), refuse or revoke—

13 ‘‘(A) a permit to proceed under section

14 4367 of the Revised Statutes (46 U.S.C. App.

15 313); or

16 ‘‘(B) a permit to depart (as required under

17 section 443 of the Tariff Act of 1930 (19

18 U.S.C. 1443));

19 whichever is applicable.

20 ‘‘(4) The Secretary shall, not later than 1 year

21 after the date of enactment of this paragraph, the

22 Coast Guard Authorization Act of 1994, and annually

23 thereafter, publish a list of any referral described in

24 paragraph (1) including, with respect to each refer25 ral—
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1 ‘‘(A) the date of transmittal; and

2 ‘‘(B) the date and nature of any response

3 by the appropriate official of the foreign coun4 try to whom the referral is sent.’’.

5 (e) SHIP INSPECTIONS; REPORTS TO SECRETARY.—

6 Section 8(c) of such Act (33 U.S.C. 1907(c)) is amended

7 by adding at the end the following new paragraphs:

8 ‘‘(3)(A) The Secretary shall make available to

9 the public a toll-free telephone number for reporting

10 violations of the MARPOL Protocol and this Act.

11 ‘‘(B) In carrying out this paragraph, the Sec12 retary may—

13 ‘‘(i) enter into a cooperative agreement

14 with the appropriate official of the National Re15 sponse Center to use the telephone reporting

16 service of the Center to provide for the report17 ing of the violations referred to in subpara18 graph (A) under the telephone reporting serv19 ice; or

20 ‘‘(ii) establish a separate telephone report21 ing system.

22 ‘‘(C) The Secretary shall report to Congress an23 nually on the effectiveness of the toll-free telephone

24 reporting system. Each report shall include—
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1 ‘‘(i) the number and types of referral calls

2 related to Annex V of the MARPOL Protocol

3 received; and

4 ‘‘(ii) information regarding any investiga5 tions conducted and enforcement actions taken

6 in response to a call described in clause (i).

7 ‘‘(4) On receipt of a report from an appropriate

8 official of the Animal and Plant Health Inspection

9 Service of the Department of Agriculture of a ship

10 in violation of this Act, the Secretary shall take such

11 action as is necessary to ensure a follow-up inspec12 tion of the ship.’’.

13 (f) CONFORMING AMENDMENT.—Section 11(a)(3) of

14 such Act (33 U.S.C. 1910(a)(3)) is amended by striking

15 ‘‘section 9(e)’’ and inserting ‘‘section 9(f)’’.

16 SEC. 703. MARINE PLASTIC POLLUTION RESEARCH AND

17 CONTROL.

18 (a) COMPLIANCE REPORTS.—Section 2201(a) of the

19 Marine Plastic Pollution Research and Control Act of

20 1987 (Public Law 100–220; 33 U.S.C. 1902 note) is

21 amended—

22 (1) by striking ‘‘for a period of 6 years’’; and

23 (2) by inserting before the period at the end the

24 following: ‘‘and, not later than 1 year after the date

25 of enactment of the Water Pollution Prevention and
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1 Control Coast Guard Authorization Act of 1994, and

2 annually thereafter, shall publish in the Federal

3 Register a list of the enforcement actions taken

4 against any domestic or foreign ship (including any

5 commercial or recreational ship) pursuant to the Act

6 to Prevent Pollution from Ships (33 U.S.C. 1901 et

7 seq.)’’.

8 (b) PUBLIC OUTREACH PROGRAM.—Section 2204(a)

9 of such Act (Public Law 100–220; 42 U.S.C. 6981 note)

10 is amended—

11 (1) in paragraph (1)—

12 (A) in the matter preceding subparagraph

13 (A), by striking ‘‘for a period of at least 3

14 years,’’;

15 (B) in subparagraph (C), by striking

16 ‘‘and’’ at the end;

17 (C) in subparagraph (D), by striking the

18 period at the end and inserting ’’; and’’; and

19 (D) by adding at the end the following new

20 subparagraph:

21 ‘‘(E) the requirements under this Act and

22 the Act to Prevent Pollution from Ships (33

23 U.S.C. 1901 et seq.) with respect to ships and

24 ports, and the authority of citizens to report

25 violations of this Act and the Act to Prevent
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1 Pollution from Ships (33 U.S.C. 1901 et

2 seq.).’’; and

3 (2) by striking paragraph (2) and inserting the

4 following new paragraph:

5 ‘‘(2) AUTHORIZED ACTIVITIES.—

6 ‘‘(A) PUBLIC OUTREACH PROGRAM.—A

7 public outreach program under paragraph (1)

8 may include—

9 ‘‘(i) developing and implementing a

10 voluntary boaters’ pledge program;

11 ‘‘(ii) workshops with interested

12 groups;

13 ‘‘(iii) public service announcements;

14 ‘‘(iv) distribution of leaflets and post15 ers; and

16 ‘‘(v) any other means appropriate to

17 educating the public.

18 ‘‘(B) CONSULTATION.—In developing out19 reach initiatives targeted at the interested

20 groups that are subject to the requirements of

21 this title and the Act to Prevent Pollution from

22 Ships (33 U.S.C. 1901 et seq.), the Secretary

23 of the department in which the Coast Guard is

24 operating, in consultation with the Secretary of

25 Commerce, acting through the Administrator of
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1 the National Oceanic and Atmospheric Admin2 istration, and the Administrator of the Environ3 mental Protection Agency, shall consult with—

4 ‘‘(i) the heads of State agencies re5 sponsible for implementing State boating

6 laws; and

7 ‘‘(ii) the heads of other enforcement

8 agencies that regulate boaters or commer9 cial fishermen.

10 ‘‘(C) GRANTS AND COOPERATIVE AGREE11 MENTS.—To carry out this section, the Sec12 retary of the department in which the Coast

13 Guard is operating, the Secretary of Commerce,

14 and the Administrator of the Environmental

15 Protection Agency are authorized to award

16 grants, enter into cooperative agreements with

17 appropriate officials of other Federal agencies

18 and agencies of States and political subdivisions

19 of States and with public and private entities,

20 and provide other financial assistance to eligible

21 recipients.’’.

22 (c) MISCELLANEOUS PROVISIONS.—

23 (1) IN GENERAL.—The Marine Plastic Pollu24 tion Research and Control Act of 1987 (33 U.S.C.
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1 1901 et seq.) is amended by adding at the end the

2 following new subtitle:

3 ‘‘Subtitle D—Miscellaneous Provisions

4 ‘‘SEC. 2401. APPLICABILITY OF WHISTLE BLOWER PROVI5 SIONS.

6 ‘‘Section 2302 of title 5, United States Code, shall

7 apply to any employee of the Department of Transpor8 tation, the Department of Defense, or the Department of

9 Agriculture, as described in subsection (a)(2(B) of such

10 section, who carries out any requirement of this Act or

11 the Act to Prevent Pollution from Ships ((33 U.S.C. 1901

12 et seq.).

13 ‘‘SEC. 2402. REPORTS TO CONGRESS.

14 ‘‘If the Secretary of the department in which the

15 Coast Guard is operating fails to meet a deadline specified

16 in this Act or the Act to Prevent Pollution from Ships

17 (33 U.S.C. 1901 et seq.), the Secretary shall submit a

18 written report to Congress that explains the reasons for

19 the failure.

20 ‘‘SEC. 2403. WASTE MANAGEMENT STUDY.

21 ‘‘Not later than 2 years after the date of enactment

22 of the Coast Guard Authorization Act of 1994, the Sec23 retary of the department in which the Coast Guard is op24 erating, in consultation with the Administrator of the En25 vironmental Protection Agency, shall submit to Congress
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1 a written report that identifies potential improvements of

2 the waste management practices at port facilities. The

3 study shall—

4 ‘‘(1) characterize wastes as a function of the

5 type, size, number of crew and passengers, and

6 length of voyage of ships;

7 ‘‘(2) identify incentives to promote onboard

8 waste management practices on ships, including the

9 use of source reduction, reuse of recycling strategies,

10 incinerators, compactors, pulpers, and shredders;

11 ‘‘(3) recommend organizational and business

12 processes required to establish effective and efficient

13 waste management programs, including the design

14 of the roles and responsibilities of all entities in15 volved (including ports and terminals) that would

16 improve the management of shipborne waste; and

17 ‘‘(4) investigate positive incentives to including

18 the use of port reception facilities, including poten19 tially prohibiting separate fees for waste disposal.

20 ‘‘SEC. 2404. SENSE OF CONGRESS REGARDING INSURANCE.

21 ‘‘It is the sense of Congress that—

22 ‘‘(1) certain insurance policies or rules of pro23 tection and indemnity clubs that provide insurance

24 for shippers should not provide for the payment of
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1 a penalty under the Act to Prevent Pollution from

2 Ships (33 U.S.C. 1901 et seq.); and

3 ‘‘(2) the Secretary of the department in which

4 the Coast Guard is operating, acting through the

5 Commandant of the Coast Guard, should consult

6 with the International Maritime Organization to

7 seek to establish international standards prohibiting

8 the issuance of a contract of insurance for the sale

9 of a policy that would provide for the payment of

10 any penalty under the MARPOL Protocol (as de11 fined in section 2(a) of the Act to Prevent Pollution

12 from Ships (33 U.S.C. 1901 (a))) to carry out the

13 MARPOL Protocol.

14 ‘‘SEC. 2405. NOTICE OF ARRIVAL.

15 ‘‘The owner, master, agent, or person in charge of

16 a vessel shall include in the notice of arrival required to

17 be submitted to the Captain of the Port of the port or

18 place of destination pursuant to the Ports and Waterways

19 Safety Act (33 U.S.C. 1221 et seq.) information concern20 ing the intention of the owner, master, or person in charge

21 of the vessel with respect to the disposal of onboard waste

22 at the port or place of destination.

23 ‘‘SEC. 2406. COORDINATION.

24 ‘‘(a) ESTABLISHMENT OF MARINE DEBRIS COORDI25 NATING COMMITTEE.—The Administrator of the Environ-
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1 mental Protection Agency shall establish a Marine Debris

2 Coordinating Committee (referred to in this section as the

3 ‘Committee’).

4 ‘‘(b) MEMBERSHIP.—The Committee shall include a

5 senior official from—

6 ‘‘(1) the Environmental Protection Agency, who

7 shall serve as the Chairperson of the Committee;

8 ‘‘(2) the National Oceanic and Atmospheric Ad9 ministration;

10 ‘‘(3) the United States Coast Guard;

11 ‘‘(4) the United States Navy; and

12 ‘‘(5) such other Federal agencies that have an

13 interest in ocean issues or water pollution prevention

14 and control as the Administrator of the Environ15 mental Protection Agency determines appropriate.

16 ‘‘(c) MEETINGS.—The Committee shall meet at least

17 twice a year to provide a forum to ensure the coordination

18 of national and international research, monitoring, edu19 cation, and regulatory actions addressing the persistent

20 marine debris problem.

21 ‘‘SEC. 2407. MONITORING.

22 ‘‘The Administrator of the Environmental Protection

23 Agency, in cooperation with the Secretary of Commerce,

24 acting through the Administrator of the National Oceanic

25 and Atmospheric Administration, shall utilize the marine
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1 debris data derived under title V of the Marine Protection,

2 Research, and Sanctuaries Act of 1972 (33 U.S.C. 2801

3 et seq.) to assist the United States Coast Guard in assess4 ing the effectiveness of this Act.’’.

5 (2) AMENDMENTS TO TABLE OF CONTENTS.—

6 The table of contents in section 2 of the United

7 States-Japan Fishery Agreement Approval Act of

8 1987(101 Stat. 1458) is amended by adding at the

9 end of the items relating to title II of such Act the

10 following new items:

‘‘Subtitle D—Miscellaneous Provisions

‘‘Sec. 2401. Applicability of whistle blower provisions.

‘‘Sec. 2402. Reports to Congress.

‘‘Sec. 2403. Waste management study.

‘‘Sec. 2404. Sense of Congress regarding insurance.

‘‘Sec. 2405. Notice of arrival.

‘‘Sec. 2406. Coordination.

‘‘Sec. 2407. Monitoring.’’.

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