II

103D CONGRESS

2D SESSION S. 2373

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

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’’.

6 (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
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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—MARINE 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. Adoption of State laws to prevent intoxicated boaters.

Sec. 503. Marine casualty reporting.

Sec. 504. Recreational boating safety course for violators.

Sec. 505. Technical corrections.

TITLE VI—TOWING VESSEL SAFETY

Sec. 601. Minimum navigational safety equipment.

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

Sec. 603. Reporting marine casualties.

Sec. 604. Manning and licensing report.

Sec. 605. Report on satellite navigation and electronic charts.

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.
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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 envi23 ronmental protection, enforcement of laws and trea24 ties, ice operations, oceanographic research, and de25 fense readiness, $20,310,000, to remain available
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1 until expended, of which $3,150,000 shall be derived

2 from the Oil Spill Liability Trust Fund.

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

4 obligations otherwise chargeable to lapsed appropria5 tions for this purpose), payments under the Retired

6 Serviceman’s Family Protection and Survivor Bene7 fit Plans, and payments for medical care of retired

8 personnel and their dependents under chapter 55 of

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

10 (5) For alteration or removal of bridges over

11 navigable waters of the United States constituting

12 obstructions to navigation, and for personnel and

13 administrative costs associated with the Bridge Al14 teration Program, $13,000,000, to remain available

15 until expended.

16 (6) For environmental compliance and restora17 tion at Coast Guard facilities, $25,000,000, to re18 main available until expended.

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

20 amended by adding at the end thereof the following:

21 ‘‘(e) Notwithstanding the provisions of sections

22 101(d) and 144 of title 23, United States Code, highway

23 bridges determined to be unreasonable obstructions to

24 navigation under the Truman-Hobbs Act may be funded

25 from amounts set aside from the discretionary bridge pro-
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1 gram. Of the amount authorized for each fiscal year for

2 the discretionary bridge program, not more than

3 $12,880,000 in the case of fiscal year 1995, not more than

4 $14,200,000 in the case of fiscal year 1996, and not more

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

6 available for such highway bridge projects. The Secretary

7 shall transfer these allocations and the responsibility for

8 administration of these funds to the United States Coast

9 Guard.’’.

10 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

11 AND TRAINING.

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

13 strength for active duty personnel of 39,000 as of Septem14 ber 30, 1995. The authorized strength does not include

15 members of the Ready Reserve called to active duty for

16 special or emergency augmentation of regular Coast

17 Guard forces for periods of 180 days or less.

18 (b) For fiscal year 1995, the Coast Guard is author19 ized average military training student loads as follows:

20 (1) For recruit and special training, 2,000 stu21 dent years.

22 (2) For flight training, 133 student years.

23 (3) For professional training in military and ci24 vilian institutions, 344 student years.

25 (4) For officer acquisition, 955 student years.
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1 TITLE II—PERSONNEL MANAGEMENT

2 IMPROVEMENT

3 SEC. 201. FUNDS FOR RECRUITING.

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

5 Code, is amended to read as follows:

6 ‘‘The Coast Guard may expend operating expense

7 funds for recruiting activities, including but not limited

8 to advertising and entertainment, in order—

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

10 applicants; and

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

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

13 SEC. 202. PROVISION OF CHILD DEVELOPMENT SERVICES.

14 (a) Title 14, United States Code, is amended by in15 serting after section 514 the following new section:

16 ‘‘§ 515. Child development services

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

18 services available for members of the armed forces and

19 Federal civilian employees. From funds appropriated to

20 the department in which the Coast Guard is operating,

21 the Commandant may spend such sums as necessary to

22 carry out this program. Child development service benefits

23 provided under the authority of this section shall be in

24 addition to benefits provided under existing programs.
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1 ‘‘(b) For purposes of this section, the term ‘Coast

2 Guard child development center’ includes a ‘military child

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

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

5 113 note), but does not include contractor operated cen6 ters or government/contractor cooperatives established

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

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

9 Commandant may require child care receipts to be used

10 only for compensation of child development center employ11 ees who are directly involved in providing child care.

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

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

14 uneconomical and inefficient use of such fee receipts, the

15 Commandant may (to the extent that such compliance

16 would be uneconomical and inefficient) use such receipts—

17 ‘‘(A) for the purchase of consumable or dispos18 able items for Coast Guard child development cen19 ters; and

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

21 consumable or disposable items for a given fiscal

22 year have been met, for other expenses of those cen23 ters.

24 ‘‘(d)(1) The Commandant shall establish a training

25 program for child development center employees. Subject
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1 to paragraph (2), satisfactory completion of the training

2 program shall be a condition of employment of any person

3 as a child development center employee.

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

5 development center employee complete the training pro6 gram not later than six months after the date on which

7 the employee is employed as a child development center

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

9 center employee hired before the date on which the train10 ing program is established, the employee shall complete

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

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

13 subsection shall cover, at a minimum, training in the fol14 lowing:

15 ‘‘(A) Early childhood development.

16 ‘‘(B) Activities and disciplinary techniques ap17 propriate to children of different ages.

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

19 ‘‘(D) Cardiopulmonary resuscitation and other

20 appropriate emergency medical procedures.

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

22 Coast Guard for operating expenses for Coast Guard child

23 development centers. Such funds shall not be less than the

24 amount of child care fee receipts that are estimated to

25 be received by the Coast Guard during the fiscal year.
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1 ‘‘(f) The Commandant may use appropriated funds

2 available to the Coast Guard to provide assistance to fam3 ily home day care providers so that family home day care

4 services can be provided to uniformed service members

5 and civilian employees of the Coast Guard at a cost com6 parable to the cost of services provided by Coast Guard

7 child development centers.

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

9 Guard child development center be inspected not less often

10 than four times a year. Each such inspection shall be un11 announced.

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

13 implement this section.’’.

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

15 13 of title 14, United States Code, is amended, by insert16 ing after the item related to section 514 the following:

‘‘515. Child development services.’’.

17 SEC. 203. HURRICANE ANDREW RELIEF.

18 Section 2856 of the National Defense Authorization

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

20 to the military personnel of the Coast Guard who were

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

22 Federal facility or installation in the vicinity of Homestead

23 Air Force Base, Florida, including the areas of Broward,

24 Collier, Dade, and Monroe Counties, on or before August

25 24, 1992, except that funds available to the Coast Guard,
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1 not to exceed $25,000, shall be used. The Secretary of

2 Transportation shall administer the provisions of section

3 2856 for the Coast Guard.

4 SEC. 204. DISSEMINATION OF RESULTS OF 0–6 CONTINU5 ATION BOARDS.

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

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

8 names of the officers selected for continuation on active

9 duty by the board shall be promptly disseminated to the

10 service at large.’’.

11 SEC. 205. EXCLUDE CERTAIN RESERVES FROM END-OF12 YEAR STRENGTH.

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

14 amended by adding at the end the following new sub15 section:

16 ‘‘(d) Members ordered to active duty under this sec17 tion shall not be counted in computing authorized strength

18 in members on active duty or members in grade under

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

20 SEC. 206. OFFICER RETENTION UNTIL RETIREMENT ELIGI21 BLE.

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

23 amended—

24 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

25 (2) by striking the last sentence; and
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1 (3) by adding at the end the following:

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

3 (1), an officer shall, unless selected for further continu4 ation—

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

6 be honorably discharged with severance pay com7 puted under section 286 of this title;

8 ‘‘(B) in the case of an officer who has com9 pleted at least 18 years of active service on the date

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

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

12 in which the officer completes 20 years of active

13 service, unless earlier removed under another provi14 sion of law; or

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

16 retired.’’.

17 SEC. 207. SPECIAL RECRUITING AUTHORITY TO ACHIEVE

18 DIVERSITY.

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

20 findings:

21 (1) The ability of the United States Coast

22 Guard to perform its functions and duties will be en23 hanced if the representation of women and minori24 ties in its workforce is increased.
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1 (2) Women and minorities have historically

2 been underrepresented or under utilized in the Coast

3 Guard officer corps.

4 (3) The number of women and minorities occu5 pying leadership positions in the United States

6 Coast Guard should reflect the proportion of women

7 and minorities in the total workforce.

8 (4) Women and minorities have historically

9 been underrepresented at the United States Coast

10 Guard Academy.

11 (5) Notwithstanding intensive application of

12 traditional recruiting programs, the Coast Guard

13 has not been able to rectify the historic under rep14 resentation or underutilization of women and minori15 ties in the Service and at the Academy and advance

16 beyond the current minority and women recruitment

17 plateau.

18 (6) Cultural bias in standardized testing or

19 grading procedures may adversely impact on the

20 ability of minorities to compete successfully for ad21 mission to the United States Coast Guard Academy.

22 (7) The education and professional training

23 provided at the United States Coast Guard Academy

24 will be enhanced by the benefits that flow from a di25 verse student body.
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1 (8) Women and minorities in the United States

2 Coast Guard should be assigned to positions of re3 sponsibility that fully utilize their technical, profes4 sional and leadership skills.

5 (9) Because traditional recruiting methods have

6 failed to rectify the historical underrepresentation

7 and under utilization of women and minorities in the

8 United States Coast Guard, it is necessary and ap9 propriate to authorize the use of the special pro10 grams for recruiting women and minorities into the

11 United States Coast Guard.

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

13 States Code, is amended—

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

15 end of paragraph (t)(2);

16 (2) by striking the period at the end of para17 graph (u) and inserting a semicolon and the word

18 ‘‘and’’; and

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

20 ‘‘(v) obtain research on Coast Guard personnel re21 source and training needs; and employ special programs

22 for recruiting women and minorities, to include providing

23 financial assistance by grant, cooperative agreement, con24 tract, or otherwise not specifically prohibited by law or

25 regulation, to public or private associations, organizations,
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1 or individuals to implement national or local outreach pro2 grams intended to rectify underrepresentation or under3 utilization of women and minorities in the Coast Guard

4 and to meet identified personnel resource requirements

5 and training needs.’’.

6 SEC. 208. CONTRACTS FOR HEALTH CARE SERVICES.

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

8 amended by inserting after section 644 the following new

9 section:

10 ‘‘§ 644a. Contracts for health care services

11 ‘‘(a) The Commandant may enter into personal serv12 ices and other contracts to carry out health care respon13 sibilities pursuant to section 93 of this title and other ap14 plicable provisions of law pertaining to the provision of

15 health care services to Coast Guard personnel and covered

16 beneficiaries. The authority provided in this subsection is

17 in addition to any other contract authorities of the Com18 mandant provided by law or as delegated to the Com19 mandant from time to time by the Secretary, including

20 but not limited to authority relating to the management

21 of health care facilities and furnishing of health care serv22 ices pursuant to title 10 and title 14, United States Code.

23 ‘‘(b) The total amount of compensation paid to an

24 individual in any year under a personal services contract

25 entered into under subsection (a) shall not exceed the
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1 amount of annual compensation (excluding allowances for

2 expenses) allowable for such contracts entered into by the

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

4 United States Code.

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

6 assure—

7 ‘‘(A) the provision of adequate notice of con8 tract opportunities to individuals residing in the area

9 of a medical treatment facility involved; and

10 ‘‘(B) consideration of interested individuals

11 solely on the basis of the qualifications established

12 for the contract and the proposed contract price.

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

14 paragraph (1), the Secretary may exempt personal serv15 ices contracts covered by this section from the competitive

16 contracting requirements specified in section 2304 of title

17 10, United States Code, or any other similar requirements

18 of law.

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

20 subsection (c) shall not apply to personal services con21 tracts entered into under subsection (a) with entities other

22 than individuals or to any contract that is not an author23 ized personal services contract under subsection (a).’’.
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1 (b) The table of sections for chapter 17 of title 14,

2 United States Code, is amended by inserting after the

3 item relating to section 644 the following:

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

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

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

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

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

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

9 remain in effect in accordance with the terms of the con10 tract.

11 TITLE II—NAVIGATION SAFETY AND

12 WATERWAY SERVICES MANAGEMENT

13 SEC. 301. STATE RECREATIONAL BOATING SAFETY GRANTS.

14 (a) TRANSFER OF AMOUNTS FOR STATE BOATING

15 SAFETY PROGRAMS.—

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

17 August 9, 1950 (16 U.S.C. 777c(b); commonly re18 ferred to as the ‘‘Dingell-Johnson Sport Fish Res19 toration Act’’), is amended to read as follows:

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

21 remaining after making the distribution under subsection

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

23 $40,000,000 for fiscal year 1996, $55,000,000 for fiscal

24 year 1997, and $69,000,000 for each of fiscal years 1998
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1 and 1999, shall, subject to paragraph (2), be used as

2 follows:

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

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

5 $10,000,000 of the amount available for each of fis6 cal years 1996 and 1997, shall be available for use

7 by the Secretary of the Interior for grants under

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

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

10 that is not obligated for those grants before the end

11 of the following fiscal year shall be transferred to

12 the Secretary of Transportation and shall be ex13 pended by the Secretary of Transportation for State

14 recreational boating safety programs under section

15 13106 of title 46, United States Code.

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

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

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

19 of the amount available for fiscal year 1997, and

20 $59,000,000 of the amount available for each of fis21 cal years 1998 and 1999, shall be transferred to the

22 Secretary of Transportation and shall be expended

23 by the Secretary of Transportation for recreational

24 boating safety programs under section 13106 of title

25 46, United States Code.
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1 ‘‘(C) A sum equal to $10,000,000 of the

2 amount available for each of fiscal years 1998 and

3 1999 shall be available for use by the Secretary of

4 the Interior for—

5 ‘‘(i) grants under section 3(e) of the Boat6 ing Improvement Act of 1994; and

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

8 Clean Vessel Act of 1992.

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

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

11 be reduced by the lesser of—

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

13 year from the Boat Safety Account in the Aquatic

14 Resources Trust Fund established under section

15 9504 of the Internal Revenue Code of 1986 to carry

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

17 States Code; or

18 ‘‘(ii) $35,000,000.

19 ‘‘(B) The amount of any reduction under subpara20 graph (A) shall be apportioned among the several States

21 under subsection (d) by the Secretary of the Interior.’’.

22 (2) CONFORMING AMENDMENT.—Section

23 5604(c)(1) of the Clean Vessel Act of 1992 (33

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

25 4(b)(2) of the Act of August 9, 1950 (16 U.S.C.
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1 777c(b)(2), as amended by this Act)’’ and inserting

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

3 U.S.C. 777c(b)(1))’’.

4 (b) EXPENDITURE OF AMOUNTS FOR STATE REC5 REATIONAL BOATING SAFETY PROGRAMS.—

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

7 Code, is amended—

8 (A) by striking the first sentence of sub9 section (a)(1) and inserting the following: ‘‘An

10 amount equal to one-half of the amount trans11 ferred for each fiscal year to the Boat Safety

12 Account under section 9503(c)(4) of the Inter13 nal Revenue Code of 1986 (26 U.S.C.

14 9503(c)(4)) is available for appropriation for

15 State recreational boating safety programs au16 thorized under this chapter. Subject to para17 graph (2), the Secretary shall expend in each

18 fiscal year an amount equal to the total of the

19 amount appropriated from the Boat Safety Ac20 count for State recreational boating safety pro21 grams for that fiscal year and the amount

22 transferred to the Secretary under section

23 4(b)(1) of the Act of August 9, 1950 (16

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

25 (B) by striking subsection (c).
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1 (2) CONFORMING AMENDMENT.—Section

2 3710(b) of title 46, United States Code, is amended

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

4 (c) EXCESS FY 1995 BOAT SAFETY ACCOUNT

5 FUNDS TRANSFER.—Notwithstanding any other provision

6 of law, amounts received by the Highway Trust Fund at7 tributable to motorboat fuel taxes received after Septem8 ber 30, 1995, and before October 1, 1996, that are not

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

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

11 and Water Conservation Fund Act of 1965 shall be made

12 available for use by the Secretary of Transportation for

13 State recreational boating safety programs under section

14 13106 of title 46, United States Code, for fiscal year 1996

15 rather than being transferred into the Sport Fish Restora16 tion Account in the Aquatic Resources Trust Fund.

17 SEC. 302. BOATING ACCESS.

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

19 findings:

20 (1) Nontrailerable recreational motorboats con21 tribute 15 percent of the gasoline taxes deposited in

22 the Aquatic Resources Trust Fund while constitut23 ing less than 5 percent of the recreational vessels in

24 the United States.
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1 (2) The majority of recreational vessel access

2 facilities constructed with Aquatic Resources Trust

3 Fund moneys benefit trailerable recreational vessels.

4 (3) More Aquatic Resources Trust Fund mon5 eys should be spent on recreational vessel access fa6 cilities that benefit recreational vessels that are

7 nontrailerable vessels.

8 (b) PURPOSE.—The purpose of this section is to pro9 vide funds to States for the development of public facilities

10 for transient nontrailerable vessels.

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

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

13 to the Secretary of the Interior a survey which identifies—

14 (1) the number and location in the State of all

15 public facilities for transient nontrailerable vessels;

16 and

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

18 State of all nontrailerable vessels that operate on

19 navigable waters in the State.

20 (d) PLAN.—Within 6 months after submitting a sur21 vey to the Secretary of the Interior in accordance with

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

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

24 and renovation of public facilities for transient
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1 nontrailerable vessels to meet the needs of nontrailerable

2 vessels operating on navigable waters in the State.

3 (e) GRANT PROGRAM.—

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

Interior may obligate not less than 1 5 ⁄2 of the amount

6 made available for each of fiscal years 1998 and

7 1999 under section 4(b)(1)(C) of the Act of August

8 9, 1950, as amended by section 2(a)(1) of this Act,

9 to make grants to any eligible State to pay not more

10 than 75 percent of the cost of constructing or ren11 ovating public facilities for transient nontrailerable

12 vessels.

13 (2) PRIORITY.—In awarding grants under this

14 subsection, the Secretary of the Interior shall give

15 priority to projects that—

16 (A) are likely to serve the largest number

17 of nontrailerable vessels; and

18 (B) consist of the construction or renova19 tion of public facilities for transient

20 nontrailerable vessels in accordance with a plan

21 submitted by an eligible State submitted under

22 subsection (b).

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

24 the term—

25 (1) ‘‘eligible State’’ means a State that—
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1 (A) completes and submits to the Sec2 retary of the Interior a survey in accordance

3 with subsection (c); and

4 (B) develops and submits to the Secretary

5 of the Interior a plan in accordance with sub6 section (d);

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

8 vessel greater than 26 feet in length;

9 (3) ‘‘public facilities for transient nontrailerable

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

11 slips or similar structures located on navigable wa12 ters, that are available to the general public and de13 signed for temporary use by nontrailerable vessels;

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

15 (A) operated primarily for pleasure; or

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

17 for the latter’s pleasure; and

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

19 the United States, the District of Columbia, the

20 Commonwealth of Puerto Rico, Guam, American

21 Samoa, the United States Virgin Islands, and the

22 Commonwealth of the Northern Marianas.

23 SEC. 303. FOREIGN PASSENGER VESSEL USER FEES.

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

25 amended—
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1 (1) by striking ‘‘(a) Except as’’ in subsection

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

3 (2) by striking subsection (b).

4 SEC. 304. INCREASED PENALTIES FOR DOCUMENTATION

5 VIOLATIONS.

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

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

8 inserting ‘‘$25,000’’.

9 (b) SEIZURE AND FORFEITURE.—

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

11 United States Code, is amended to read as follows:

12 ‘‘(b) A vessel and its equipment are liable to seizure

13 by and forfeiture to the United States Government—

14 ‘‘(1) when the owner of a vessel or the rep15 resentative or agent of the owner knowingly falsifies

16 or conceals a material fact, or makes a false state17 ment or representation about the documentation or

18 when applying for documentation of the vessel;

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

20 knowingly and fraudulently used for a vessel;

21 ‘‘(3) when a vessel is operated after its endorse22 ment has been denied or revoked under section

23 12123 of this title;

24 ‘‘(4) when a vessel is employed in a trade with25 out an appropriate trade endorsement;
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1 ‘‘(5) when a documented vessel with only a rec2 reational endorsement is operated other than for

3 pleasure; or

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

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

6 States.’’.

7 (2) CONFORMING AMENDMENT.—Section

8 12122(c) of title 46, United States Code, is re9 pealed.

10 (c) LIMITATION ON OPERATION OF VESSEL WITH

11 ONLY RECREATIONAL ENDORSEMENT.—Section 12110(c)

12 of title 46, United States Code, is amended to read as

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

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

15 SEC. 305. OUTER CONTINENTAL SHELF CIVIL PENALTIES.

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

17 Act (43 U.S.C. 1350(b)) is amended—

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

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

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

21 ‘‘(3)(A) If a person fails to comply with or vio22 lates a regulation issued under this Act by the Sec23 retary of the department in which the Coast Guard

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

25 the requirement of the expiration of a period allowed
26

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1 for corrective action, to the United States Govern2 ment for a civil penalty of not more than the

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

4 the continuance of that failure or violation.

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

6 the Coast Guard is operating is authorized to assess

7 the amount of the civil penalty for which a person

8 is liable for failure to comply with or for violating

9 a regulation issued under this Act by the Secretary

10 of the department in which the Coast Guard is oper11 ating. The assessment of the civil penalty shall be by

12 written notice and after an opportunity for a

13 hearing.

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

15 the Secretary of the department in which the Coast

16 Guard is operating shall consider the nature, cir17 cumstances, extent, and gravity of the prohibited

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

19 degree of culpability, any history of prior offenses,

20 ability to pay, and other matters that justice

21 requires.

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

23 the Coast Guard is operating may compromise, mod24 ify, or remit, with or without consideration, a civil
27

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1 penalty under this Act until referring the assessment

2 to the Attorney General.

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

4 a civil penalty after it has become final, the Sec5 retary of the department in which the Coast Guard

6 is operating may refer the matter to the Attorney

7 General for collection in an appropriate district

8 court of the United States.’’.

9 SEC. 306. AMENDMENT TO REQUIRE EPIRBS ON THE GREAT

10 LAKES.

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

12 States Code, is amended by inserting ‘‘or beyond three

13 nautical miles from the coastline of the Great Lakes’’ after

14 ‘‘high seas’’.

15 SEC. 307. INSPECTION OF SMALL PASSENGER VESSELS.

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

17 amended—

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

19 paragraph (1) and inserting ‘‘, nautical school ves20 sel, and small passenger vessel carrying more than

21 12 passengers on an international voyage’’,

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

23 paragraph (1),

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

25 paragraph (3) as (2), and
28

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

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

3 SEC. 308. PENALTIES FOR DEFECTIVE SERVICING OR AL4 TERATION OF MARINE SAFETY EQUIPMENT.

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

6 amended—

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

8 (2) adding at the end thereof the following:

9 ‘‘(2) A person that knowingly alters lifesaving,

10 fire safety, or any other equipment subject to this

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

12 to be insufficient to accomplish the purpose for

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

14 TITLE IV—MISCELLANEOUS PROVISIONS

15 SEC. 401. THACHER ISLAND LIGHTHOUSE.

16 (a) AUTHORITY TO CONVEY.—

17 (1) IN GENERAL.—The Secretary of Transpor18 tation may convey to the Town of Rockport, Massa19 chusetts, by an appropriate means of conveyance, all

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

21 to property comprising Thacher Island, except that

22 the Coast Guard shall retain all right, title, or inter23 est in any historical artifact, including any lens or

24 lantern on the property conveyed pursuant to this
29

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1 section, or belonging to the property, whether lo2 cated on the property or elsewhere.

3 (2) IDENTIFICATION OF PROPERTY.—The Sec4 retary may identify, describe, and determine the

5 property to be conveyed pursuant to this section.

6 (b) TERMS AND CONDITIONS.—

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

8 pursuant to this section shall be made—

9 (A) without payment of consideration; and

10 (B) subject to such terms and conditions

11 as the Secretary may consider appropriate.

12 (2) REVERSIONARY INTEREST.—In addition to

13 any term or condition established pursuant to para14 graph (1), any conveyance of property pursuant to

15 this section shall be subject to the condition that all

16 right, title, and interest in Thacher Island shall im17 mediately revert to the General Services Administra18 tion of the United States of America if Thacher Is19 land ceases to be maintained and used as a non20 profit center for public benefit for the interpretation

21 and preservation of the material culture of the

22 United States Coast Guard and the maritime history

23 of Thacher Island, Massachusetts. In connection

24 therewith, the property may be used for educational,

25 historic, recreational, and cultural programs open to
30

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

2 not inconsistent with the foregoing uses are per3 mitted unless the Secretary shall reasonably deter4 mine that such uses are incompatible with the his5 toric nature of this property or with other provisions

6 of this section.

7 (3) MAINTENANCE OF NAVIGATION FUNC8 TIONS.—Any conveyance of property pursuant to

9 this section shall be made subject to such conditions

10 as the Secretary considers to be necessary to assure

11 that—

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

13 associated lighthouse equipment, and any elec14 tronic navigation equipment located on the

15 property conveyed which are active aids to navi16 gation shall continue to be operated and main17 tained by the United States for as long as they

18 are needed for this purpose;

19 (B) the Town of Rockport may not inter20 fere or allow interference in any manner with

21 such aids to navigation without express written

22 permission from the United States;

23 (C) there is reserved to the United States

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

25 to navigation, or make any changes on any por-
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1 tion of such property as may be necessary for

2 navigation purposes;

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

4 at any time, to enter such property without no5 tice for the purpose of maintaining aids to navi6 gation; and

7 (E) the United States shall have an ease8 ment of access to such property for the purpose

9 of maintaining the aids to navigation in use on

10 the property, and an easement for an arc of

11 visibility.

12 (c) PROPERTY TO BE MAINTAINED IN ACCORDANCE

13 WITH CERTAIN LAWS.—The Town of Rockport shall

14 maintain Thacher Island in accordance with the provisions

15 of the National Historic Preservation Act of 1966 (16

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

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

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

19 Coast Guard property located on Thacher Island,

20 Massachusetts, which is located off the coast of

21 Cape Ann, Massachusetts, within the boundaries of

22 the Town of Rockport, Massachusetts, including the

23 light tower, sound signal building, any other ancil24 lary buildings, and such land as may be necessary
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1 to enable the Town of Rockport to operate a non2 profit center for public benefit.

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

4 of the department in which the Coast Guard is oper5 ating.

6 SEC. 402. TRANSFER OF COAST GUARD PROPERTY IN

7 KETCHIKAN, ALASKA.

8 (a) CONVEYANCE REQUIREMENT.—The Secretary of

9 Transportation shall convey to the Ketchikan Indian Cor10 poration in Ketchikan, Alaska, without reimbursement

11 and by no later than 120 days after the date of this Act,

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

13 to the property known as the ‘‘Former Marine Safety De14 tachment’’ as identified in Report of Excess Number CG–

15 689 (GSA Control Number 9–U–AK–0747) and described

16 in subsection (b).

17 (b) PROPERTY DESCRIBED.—The property referred

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

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

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

21 and commencing at corner numbered 10, United States

22 Survey numbered 1079, the true point of beginning for

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

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

25 feet to corner numbered 1 of lot 5B; thence south 65 de-
33

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1 grees 56 minutes east a distance of 345.18 feet to corner

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

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

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

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

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

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

8 including buildings, structures, and equipment.

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

10 term or condition established pursuant to subsection (a),

11 any conveyance of property described in subsection (b)

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

13 interest in and to the property so conveyed shall imme14 diately revert to the United States if the property, or any

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

16 Corporation as a Native health clinic.

17 SEC. 403. FLORIDA AVENUE BRIDGE.

18 For purposes of the alteration of the Florida Avenue

19 Bridge (located approximately 1.63 miles east of the Mis20 sissippi River on the Gulf Intracoastal Waterway in Orle21 ans Parish, Louisiana) ordered by the Secretary of Trans22 portation under the Act of June 21, 1940 (33 U.S.C. 511

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

24 Secretary shall treat the drainage siphon that is adjacent

25 to the bridge as an appurtenance of the bridge, including
34

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1 with respect to apportionment and payment of costs for

2 the removal of the drainage siphon in accordance with that

3 Act.

4 SEC. 404. TUNA FISHING VESSELS.

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

6 any tuna fishing vessel which is an agreement vessel docu7 mented under the laws of the United States shall not be

8 treated, for purposes of section 607 of the Merchant Ma9 rine Act, 1936, (46 App. U.S.C. 1177), or for purpose

10 of the Internal Revenue Code of 1986 or any other law

11 of the United States, as—

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

13 (2) a failure to meet any substantial obligation

14 under an agreement entered into between the owner

15 or operator of the vessel and the Secretary if—

16 (A) the vessel, before registry transfer, ei17 ther regularly fished in for tuna in the Eastern

18 Pacific Ocean or regularly fished in the Pacific

19 Ocean but did not regularly have a license to

20 fish tuna in the Western Pacific Ocean;

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

22 continue to be controlled directly or indirectly

23 by the last agreement holder of record, as of

24 the time of registry transfer, under section 607
35

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

2 U.S.C. 1177); and

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

4 continue to be operated in compliance with sec5 tion 307 of the Marine Mammal Protection Act

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

7 to continuous observer coverage under the ar8 rangements provided by the Inter-American

9 Tropical Tuna Commission or under any such

10 other international arrangements as may be ap11 proved by the Secretary.

12 (b) NONCOMPLIANCE.—Noncompliance with any of

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

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

15 be treated as the disposition of an agreement vessel and

16 a failure to meet a substantial obligation under any agree17 ment entered into between the owner or operator of the

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

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

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

21 607(k) of the Merchant Marine Act, 1936 (46 App. U.S.C.

22 1177(k)), that is used in this section shall have the mean23 ing given that term in that section.

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

25 vessel income and expense (including pass-throughs to
36

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

2 transfer, continue to be fully subject to the Internal Reve3 nue Code of 1986 and reported as income and taxed in

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

5 transferred.

6 (c) EFFECTIVE DATE.—This section shall apply to

7 any registry transfer effected before January 1, 1997.

8 TITLE V—RECREATIONAL BOATING

9 SAFETY IMPROVEMENT

10 SEC. 501. PERSONAL FLOTATION DEVICES REQUIRED FOR

11 CHILDREN.

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

13 United States Code, is amended—

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

15 paragraph (2);

16 (2) by striking the period at the end of para17 graph (3) and inserting a semicolon and ‘‘or’’; and

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

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

20 in length unless each individual 6 years of age or

21 younger wears a Coast Guard approved personal flo22 tation device when the individual is on an open deck

23 of the vessel.’’.
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1 (b) STATE AUTHORITY PRESERVED.—Section 4307

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

3 the end thereof the following:

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

5 the authority of a State to establish requirements relating

6 to the wearing of personal flotation devices on recreational

7 vessels that are more stringent than that subsection.’’.

8 SEC. 502. ALLOCATION OF FUNDS BASED ON STATE ADOP9 TION OF LAWS REGARDING BOATING WHILE

10 INTOXICATED.

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

12 amended—

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

14 (c) as (b), (c), and (d), respectively,

15 (2) by inserting before subsection (b) (as redes16 ignated) the following:

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

18 transferred to the Secretary each fiscal year pursuant to

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

20 777c(b)), the Secretary shall allocate for State rec21 reational boating safety programs $10,000,000 as follows:

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

23 with paragraph (2) among eligible States that—
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1 ‘‘(i) prohibit operation of a recreational

2 vessel by an individual who is under the influ3 ence of alcohol or drugs; and

4 ‘‘(ii) establish a blood alcohol concentration

5 limit of .10 percent or less.

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

7 with paragraph (2) among eligible States that—

8 ‘‘(i) prohibit operation of a recreational

9 vessel by an individual who is under the influ10 ence of alcohol or drugs; and

11 ‘‘(ii) establish an implied consent require12 ment that specifies that individuals are deemed

13 to have given their consent to evidentiary test14 ing for their blood alcohol concentration or

15 presence of other intoxicating substances.

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

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

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

19 all eligible States receiving an allocation under that

20 subparagraph for the fiscal year; and

21 ‘‘(B) one-half shall be allocated among those el22 igible States so that each such State receives an

23 amount bearing the same ratio to the total amount

24 allocated under that subparagraph for the fiscal year

25 as the number of vessels numbered in that State
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1 under a system approved under chapter 123 of this

2 title bears to the total number of vessels numbered

3 under approved systems of all States receiving an al4 location under that subparagraph for the fiscal

5 year.’’;

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

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

8 and

9 (4) by adding at the end the following new sub10 section:

11 ‘‘(e) A State shall not be ineligible for an allocation

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

13 of any requirement relating to the operation of a rec14 reational vessel while under the influence of alcohol or

15 drugs that is more stringent than the requirements for

16 receiving the allocation.’’.

17 SEC. 503. MARINE CASUALTY REPORTING.

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

19 after enactment of this Act, the Secretary of Transpor20 tation shall, in consultation with appropriate State agen21 cies, submit to the Committee on Merchant Marine and

22 Fisheries of the House of Representatives and the Com23 mittee on Commerce, Science, and Transportation of the

24 Senate a plan to increase reporting of vessel accidents to

25 appropriate State law enforcement officials.
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1 (b) PENALTIES FOR VIOLATING REPORTING RE2 QUIREMENTS.—Section 6103(a) of title 46, United States

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

4 the second place it appears.

5 SEC. 504. REQUIRING VIOLATORS TO TAKE RECREATIONAL

6 BOATING SAFETY COURSE.

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

8 46, United States Code, is amended by adding at the end

9 the following:

10 ‘‘(e) An individual operating a recreational vessel in

11 violation of this section shall complete a boating safety

12 course approved by the Secretary.’’.

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

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

15 following:

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

17 violation of this chapter or a regulation prescribed under

18 this chapter may be ordered to complete a recreational

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

20 SEC. 505. TECHNICAL CORRECTIONS.

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

22 is amended by—

23 (1) striking ‘‘proceeding’’ and inserting ‘‘pre24 ceding’’; and
41

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1 (2) striking ‘‘Secertary’’ and inserting ‘‘Sec2 retary’’.

3 TITLE VI—TOWING VESSEL SAFETY

4 SEC. 601. MINIMUM NAVIGATIONAL SAFETY EQUIPMENT

5 FOR TOWING VESSELS.

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

7 States Code, is amended by adding at the end the follow8 ing:

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

10 the Secretary—

11 ‘‘(A) shall consider the characteristics, methods

12 of operation, and nature of the service of towing ves13 sels;

14 ‘‘(B) shall consult with the Towing Safety Advi15 sory Committee; and

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

17 installation, maintenance, and use of the following

18 equipment on each towing vessel, other than a tow19 ing vessel that is used only for towing disabled

20 vessels:

21 ‘‘(i) A radar system.

22 ‘‘(ii) A sonic depth finder.

23 ‘‘(iii) A compass or swing meter.

24 ‘‘(iv) Adequate towing wire and associated

25 equipment.
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1 ‘‘(v) Up-to-date navigational charts and

2 publications for the areas normally transited by

3 the vessel.

4 ‘‘(vi) Other safety equipment the Secretary

5 determines to be necessary.

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

7 under this chapter requirements that—

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

9 under paragraph (1) shall be maintained in effective

10 operating condition; and

11 ‘‘(ii) if such equipment on a vessel ceases to op12 erate, the operator of the vessel shall exercise due

13 diligence to restore the equipment to effective oper14 ating condition, or cause it to be restored to that

15 condition, at the earliest practicable date.

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

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

18 a violation of this chapter.’’.

19 (b) REGULATIONS.—The Secretary of Transportation

20 shall issue regulations by not later than 12 months after

21 the date of the enactment of this Act, prescribing naviga22 tional publication and equipment requirements under sub23 section (f) of section 4102 of title 46, United States Code,

24 as added by subsection (a) of this section.
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1 SEC. 602. DEMONSTRATION OF PROFICIENCY IN USE OF

2 NAVIGATIONAL SAFETY EQUIPMENT RE3 QUIRED.

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

5 amended by adding at the end the following:

6 ‘‘(j) The Secretary shall require an individual who ap7 plies for issuance or renewal of a towing vessel operators

8 license to demonstrate proficiency in the use of naviga9 tional safety equipment.’’.

10 SEC. 603. REPORTING MARINE CASUALTIES.

11 (a) EXPEDITED REPORTING REQUIRED.—Section

12 6101(b) of title 46, United States Code, is amended by

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

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

15 (b) PENALTY FOR FAILURE TO REPORT A CAS16 UALTY.—Section 6103(a) of title 46, United States Code

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

18 than $25,000’’.

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

20 date of the enactment of this Act, the Secretary shall pre21 scribe regulations implementing the amendment made by

22 subsection (a).
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1 SEC. 604. REPORT ON ADEQUACY AND EFFECTIVENESS OF

2 MANNING AND PROGRESS IMPROVING LI3 CENSING REQUIREMENTS FOR OPERATION

4 OF TOWING VESSELS.

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—

8 (1) the adequacy and effectiveness of manning

9 of towing vessels; and

10 (2) progress made in implementing improve11 ments in towing vessel operator licensing require12 ments.

13 SEC. 605. REPORT ON FEASIBILITY OF ESTABLISHING A

14 DIFFERENTIAL GLOBAL POSITIONING SAT15 ELLITE NAVIGATIONAL SYSTEM AND ELEC16 TRONIC CHARTS FOR INLAND WATERWAYS.

17 Not later than 6 months after the date of the enact18 ment of this Act, the Secretary of Transportation shall

19 submit a report to the Congress on the feasibility of estab20 lishing a differential global positioning satellite navigation

21 system and creating electronic charts for the inland water22 ways of the United States.
45

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1 TITLE VII—ACT TO PREVENT POLLUTION

2 FROM SHIPS AMENDMENTS

3 SEC. 701. DEFINITION OF OPERATOR.

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

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

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

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

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

9 or terminal or other mooring arrangement for the ship to

10 transfer cargo to or from shore;’’.

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

12 Act (33 U.S.C. 1905) is amended—

13 (1) by striking ‘‘a person in charge’’ and insert14 ing ‘‘an operator’’;

15 (2) by striking ‘‘Persons in charge’’ in sub16 section (a)(2) and inserting ‘‘Operators’’; and

17 (3) in subsection (c)(2), by striking ‘‘person in

18 charge’’ in subsection (c)(2) and inserting ‘‘opera19 tor’’.

20 SEC. 702. PREVENTION OF POLLUTION FROM SHIPS.

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

22 1905) is amended—

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

24 inserting ‘‘(2)(A) Subject to paragraph (B), if’’;
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1 (2) by adding at the end of subsection (c)(2)

2 the following:

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

4 attesting to the adequacy of reception facilities

5 under this paragraph only if, prior to the issu6 ance of the certificate, the Secretary conducts

7 an inspection of the reception facilities of the

8 port or terminal that is the subject of the cer9 tificate.’’; and

10 (3) by striking subsection (c)(3)(A) and insert11 ing the following:

12 ‘‘(A) is valid for the 5-year period begin13 ning on the date of issuance of the certificate,

14 except that if—

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

16 port or terminal is transferred to a person

17 or entity other than the person or entity

18 that is the operator on the date of issuance

19 of the certificate—

20 ‘‘(I) the certificate shall expire on

21 the date that is 30 days after the date

22 of the transfer; and

23 ‘‘(II) the new operator shall be

24 required to submit an application for
47

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1 a certificate before a certificate may

2 be issued for the port or terminal; or

3 ‘‘(ii) the certificate is suspended or re4 voked by the Secretary,

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

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

7 follows:

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

9 or terminals with respect to which a certificate issued

10 under this section—

11 ‘‘(A) is in effect; or

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

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

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

15 (5) in subsection (e)—

16 (A) by striking ‘‘Except in the case’’ in

17 paragraph (1) and inserting ‘‘Except as pro18 vided in paragraph (3) and in the case’’;

19 (B) by striking ‘‘The Secretary’’ in para20 graph (2) and inserting ‘‘Except as provided in

21 paragraph (3), the Secretary’’; and

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

23 paragraph:

24 ‘‘(3)(A) Not later than 18 months after the

25 date of enactment of the Coast Guard Authorization
48

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1 Act of 1994, the Secretary shall, by regulation, es2 tablish a procedure by which the Secretary may as3 sess a civil penalty against the operator of a port or

4 terminal in lieu of denying the entry of a ship to the

5 port or terminal pursuant to paragraph (1) or (2).

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

7 subparagraph (A) shall not exceed the maximum

8 amount allowable per day of violation that the Sec9 retary may assess under this Act.

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

11 of an applicable requirement of a regulation referred

12 to in paragraph (1) or (2) on the date that is 30

13 days after the date on which the Secretary initially

14 determines that the port or terminal is in violation

15 of an applicable requirement of a regulation, the

16 Secretary shall, pursuant to regulations promulgated

17 under subparagraph (D) of this paragraph, revoke

18 the certificate of the port or terminal.

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

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

21 later than 18 months after the date of enactment of

22 this paragraph, the Secretary shall develop, and

23 issue regulations for, revocation and reinstatement

24 procedures that the Secretary shall apply in carrying

25 out this paragraph.’’;
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1 (6) in subsection (f)—

2 (A) by inserting ‘‘(1)’’ before ‘‘The Sec3 retary’’; and

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

5 paragraph:

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

7 date of enactment, the Secretary shall promulgate

8 regulations that require the operator of each port or

9 terminal that is subject to any requirement of the

10 MARPOL Protocol relating to reception facilities to

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

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

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

14 the port or terminal should report to the Secretary

15 any inadequacy of the reception facility.

16 ‘‘(B) The Secretary shall promulgate regula17 tions to carry out this paragraph, including speci18 fications for the placards referred to in subpara19 graph (A).

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

21 general public any report received by the Secretary

22 under this paragraph.’’; and

23 (7) by adding at the end the following new sub24 section:

25 ‘‘(g) The Secretary shall—
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1 ‘‘(1) establish a program to ensure that the

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

3 terminal that is not required to apply for a certifi4 cate under this section makes available a reception

5 facility that meets the requirements for reception fa6 cilities under the regulations promulgated under

7 subsection (a)(2); and

8 ‘‘(2) not later than 2 years after the date of en9 actment of this subsection, and every 2 years there10 after, submit a report to Congress on Coast Guard

11 activities regarding the ports and terminals de12 scribed in paragraph (1).’’.

13 (b) REFUSE RECORD BOOKS; WASTE MANAGEMENT

14 PLANS; NOTIFICATION OF CREW AND PASSENGERS.—

15 Section 4(b) of such Act (33 U.S.C. 1903(b)) is amend16 ed—

17 (1) by amending subparagraph (A) of para18 graph (2) to read as follows:

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

20 of enactment of the Water Pollution Prevention

21 and Control Act of 1994, issue regulations that

22 require each ship to—

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

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

25 separate record book);
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1 ‘‘(ii) establish shipboard waste man2 agement plans; and

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

4 briefing that notifies the crew and pas5 sengers of the ship of the requirements of

6 Annex V of the Convention;’’; and

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

8 paragraph:

9 ‘‘(3)(A) The Secretary of Agriculture, acting

10 through the Administrator of the Animal and Plant

11 Health Inspection Service, shall assist the Secretary

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

13 extent that the assistance provided under this sub14 paragraph does not impede the ability of the Sec15 retary of Agriculture, acting through the Adminis16 trator of the Animal and Plant Health Inspection

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

18 Plant Health Inspection Service.

19 ‘‘(B) The Secretary of Agriculture, in coordina20 tion with the Secretary, shall review and revise

21 boarding procedures of the Animal and Plant Health

22 Inspection Service to improve the enforcement of

23 this Act.
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1 ‘‘(C) The review and revision of the boarding

2 procedures referred to in subparagraph (B) shall

3 include—

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

5 by the Secretary (including adding questions) to

6 provide information in sufficient detail to enable

7 the Secretary to adequately enforce this Act;

8 ‘‘(ii) the coordination of efforts of inspec9 tors of the Animal and Plant Health Inspection

10 Service to facilitate the tracking of ships sus11 pected to be in violation of this Act from port

12 to port;

13 ‘‘(iii) the coordination of the inspection ac14 tivities of the Animal and Plant Health Inspec15 tion Service with the inspection activities of the

16 Coast Guard, to ensure that any violation of

17 this Act may be easily determined, and that an

18 appropriate penalty is assessed for the violation;

19 and

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

21 Animal and Plant Health Inspection Service to

22 determine compliance with the regulations pro23 mulgated under section 6(a)(2).’’.

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

25 U.S.C. 1902(a)) is amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (3);

3 (2) by striking the period at the end of para4 graph (4) and inserting ‘‘; and’’; and

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

6 paragraph:

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

8 ‘‘(A) to—

9 ‘‘(i) a manned oceangoing United

10 States ship of 40 feet or more in length

11 that is engaged in commerce and is docu12 mented under the laws of the United

13 States or numbered by a State; and

14 ‘‘(ii) a manned fixed or floating plat15 form subject to the jurisdiction of the

16 United States, or operated under the au17 thority of the United States, wherever lo18 cated; and

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

20 specified by the Secretary not later than 18

21 months after the date of enactment of the

22 Coast Guard Authorization Act of 1994.’’.

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

24 Act (33 U.S.C. 1908) is amended—
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1 (1) by redesignating subsections (c) through (f)

2 as (d) through (g) respectively;

3 (2) by inserting after subsection (b) the follow4 ing new subsection:

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

6 the purposes of this subsection may, where reasonable

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

8 in charge of a ship—

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

10 Annex V of MARPOL or regulations issued under

11 this Act; or

12 ‘‘(B) has violated any regulation promulgated

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

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

15 charge. Such citation shall specify the regulation violated

16 and the applicable penalty amount for such violation, as

17 prescribed by the Secretary in regulations.

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

19 citation, such amount shall constitute a final assessment

20 for the purposes of this section and shall be due and pay21 able to the United States, unless prior to that date the

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

23 a written request for a hearing to the Secretary. Sub24 section (b) of this section shall apply to any case in which

25 such a written request has been submitted.
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1 ‘‘(3) For the purposes of paragraph (1) of this sub2 section, reasonable cause exists to believe that an owner,

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

4 garbage in violation of Annex V or regulations issued

5 under this Act where, inter alia—

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

7 unable to produce to the person authorized by the

8 Secretary any recently issued documents dem9 onstrating a recent lawful disposal of ship’s garbage

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

11 plastic residue from such incinerator, and

12 ‘‘(B) the quantity of plastic waste materials on

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

14 estimated, in accordance with regulations issued by

15 the Secretary, to have been generated on board the

16 ship subsequently to the last lawful disposal which

17 is demonstrated to the person authorized by the

18 Secretary.

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

20 penalty may be issued by the appropriate Coast Guard of21 ficial if, on the inspection of a ship, an appropriate official

22 of the Coast Guard determines that—

23 ‘‘(A) the person in charge of the ship has no re24 ceipts documenting—

25 ‘‘(i) the disposal of garbage; or
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1 ‘‘(ii) in any case in which an incinerator is

2 on board the ship, the disposal of plastic resi3 due, if any, from the incinerator;

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

5 or

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

7 board the ship is too small with respect to the quan8 tity of plastic waste materials estimated to have

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

10 documentation from the last legal disposal of plastic

11 waste materials from the ship).

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

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

14 citation shall either—

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

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

17 the assessment of the civil penalty.

18 ‘‘(6) The Secretary, in consultation with the Sec19 retary of Agriculture, shall issue regulations which ensure

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

21 alone does not constitute proof of lawful disposal of gar22 bage.’’; and

23 (3) in subsection (g), as redesignated by para24 graph (1)—
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1 (A) by inserting ‘‘(1)’’ before ‘‘Notwith2 standing’’;

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

4 (e)’’; and

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

6 paragraphs:

7 ‘‘(2) If the Secretary—

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

9 matter pursuant to paragraph (1) to the appro10 priate official of a foreign country that is a

11 party to the MARPOL Protocol relating to a

12 violation of suspected violation by an owner, op13 erator, or person in charge of a ship that is reg14 istered in the foreign country of a requirement

15 of the MARPOL Protocol; and

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

17 does not provide a response that the Secretary

18 determines appropriate; paragraph (3) shall

19 apply.

20 ‘‘(3) If the conditions referred to in subpara21 graphs (A) and (B) of paragraph (2) are met, the

22 Secretary of the Treasury, on the request of the Sec23 retary, may, with respect to the ship referred to in

24 paragraph (2), refuse or revoke—
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1 ‘‘(A) a permit to proceed under section

2 4367 of the Revised Statutes (46 U.S.C. App.

3 313); or

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

5 section 443 of the Tariff Act of 1930 (19

6 U.S.C. 1443));

7 whichever is applicable.

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

9 after the date of enactment of this paragraph, and

10 annually thereafter, publish a list of any referral de11 scribed in paragraph (1) including, with respect to

12 each referral—

13 ‘‘(A) the date of transmittal; and

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

15 by the appropriate official of the foreign coun16 try to whom the referral is sent.’’.

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

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

19 by adding at the end the following new paragraphs:

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

21 the public a toll-free telephone number for reporting

22 violations of the MARPOL Protocol and this Act.

23 ‘‘(B) In carrying out this paragraph, the Sec24 retary may—
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1 ‘‘(i) enter into a cooperative agreement

2 with the appropriate official of the National Re3 sponse Center to use the telephone reporting

4 service of the Center to provide for the report5 ing of the violations referred to in subpara6 graph (A) under the telephone reporting serv7 ice; or

8 ‘‘(ii) establish a separate telephone report9 ing system.

10 ‘‘(C) The Secretary shall report to Congress an11 nually on the effectiveness of the toll-free telephone

12 reporting system. Each report shall include—

13 ‘‘(i) the number and types of referral calls

14 related to Annex V of the MARPOL Protocol

15 received; and

16 ‘‘(ii) information regarding any investiga17 tions conducted and enforcement actions taken

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

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

20 official of the Animal and Plant Health Inspection

21 Service of the Department of Agriculture of a ship

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

23 action as is necessary to ensure a follow-up inspec24 tion of the ship.’’.
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1 (f) CONFORMING AMENDMENT.—Section 11(a)(3) of

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

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

4 SEC. 703. MARINE PLASTIC POLLUTION RESEARCH AND

5 CONTROL.

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

7 Marine Plastic Pollution Research and Control Act of

8 1987 (Public Law 100–220; 33 U.S.C. 1902 note) is

9 amended—

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

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

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

13 of enactment of the Water Pollution Prevention and

14 Control Act of 1994, and annually thereafter, shall

15 publish in the Federal Register a list of the enforce16 ment actions taken against any domestic or foreign

17 ship (including any commercial or recreational ship)

18 pursuant to the Act to Prevent Pollution from Ships

19 (33 U.S.C. 1901 et seq.)’’.

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

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

22 is amended—

23 (1) in paragraph (1)—
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1 (A) in the matter preceding subparagraph

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

3 years,’’;

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

5 ‘‘and’’ at the end;

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

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

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

9 subparagraph:

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

11 the Act to Prevent Pollution from Ships (33

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

13 ports, and the authority of citizens to report

14 violations of this Act and the Act to Prevent

15 Pollution from Ships (33 U.S.C. 1901 et

16 seq.).’’; and

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

18 following new paragraph:

19 ‘‘(2) AUTHORIZED ACTIVITIES.—

20 ‘‘(A) PUBLIC OUTREACH PROGRAM.—A

21 public outreach program under paragraph (1)

22 may include—

23 ‘‘(i) developing and implementing a

24 voluntary boaters’ pledge program;
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1 ‘‘(ii) workshops with interested

2 groups;

3 ‘‘(iii) public service announcements;

4 ‘‘(iv) distribution of leaflets and post5 ers; and

6 ‘‘(v) any other means appropriate to

7 educating the public.

8 ‘‘(B) CONSULTATION.—In developing out9 reach initiatives targeted at the interested

10 groups that are subject to the requirements of

11 this title and the Act to Prevent Pollution from

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

13 of the department in which the Coast Guard is

14 operating, in consultation with the Secretary of

15 Commerce, acting through the Administrator of

16 the National Oceanic and Atmospheric Admin17 istration, and the Administrator of the Environ18 mental Protection Agency, shall consult with—

19 ‘‘(i) the heads of State agencies re20 sponsible for implementing State boating

21 laws; and

22 ‘‘(ii) the heads of other enforcement

23 agencies that regulate boaters or commer24 cial fishermen.
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1 ‘‘(C) GRANTS AND COOPERATIVE AGREE2 MENTS.—To carry out this section, the Sec3 retary of the department in which the Coast

4 Guard is operating, the Secretary of Commerce,

5 and the Administrator of the Environmental

6 Protection Agency are authorized to award

7 grants, enter into cooperative agreements with

8 appropriate officials of other Federal agencies

9 and agencies of States and political subdivisions

10 of States and with public and private entities,

11 and provide other financial assistance to eligible

12 recipients.’’.

13 (c) MISCELLANEOUS PROVISIONS.—

14 (1) IN GENERAL.—The Marine Plastic Pollu15 tion Research and Control Act of 1987 (33 U.S.C.

16 1901 et seq.) is amended by adding at the end the

17 following new subtitle:

18 ‘‘Subtitle D—Miscellaneous Provisions

19 ‘‘SEC. 2401. APPLICABILITY OF WHISTLE BLOWER PROVI20 SIONS.

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

22 apply to any employee of the Department of Transpor23 tation, the Department of Defense, or the Department of

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

25 section, who carries out any requirement of this Act or
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1 the Act to Prevent Pollution from Ships ((33 U.S.C. 1901

2 et seq.).

3 ‘‘SEC. 2402. REPORTS TO CONGRESS.

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

5 Coast Guard is operating fails to meet a deadline specified

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

7 (33 U.S.C. 1901 et seq.), the Secretary shall submit a

8 written report to Congress that explains the reasons for

9 the failure.

10 ‘‘SEC. 2403. WASTE MANAGEMENT STUDY.

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

12 of the Coast Guard Authorization Act of 1994, the Sec13 retary of the department in which the Coast Guard is op14 erating, in consultation with the Administrator of the En15 vironmental Protection Agency, shall submit to Congress

16 a written report that identifies potential improvements of

17 the waste management practices at port facilities. The

18 study shall—

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

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

21 length of voyage of ships;

22 ‘‘(2) identify incentives to promote onboard

23 waste management practices on ships, including the

24 use of source reduction, reuse of recycling strategies,

25 incinerators, compactors, pulpers, and shredders;
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1 ‘‘(3) recommend organizational and business

2 processes required to establish effective and efficient

3 waste management programs, including the design

4 of the roles and responsibilities of all entities in5 volved (including ports and terminals) that would

6 improve the management of shipborne waste; and

7 ‘‘(4) investigate positive incentives to including

8 the use of port reception facilities, including poten9 tially prohibiting separate fees for waste disposal.

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

11 ‘‘It is the sense of Congress that—

12 ‘‘(1) certain insurance policies or rules of pro13 tection and indemnity clubs that provide insurance

14 for shippers should not provide for the payment of

15 a penalty under the Act to Prevent Pollution from

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

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

18 the Coast Guard is operating, acting through the

19 Commandant of the Coast Guard, should consult

20 with the International Maritime Organization to

21 seek to establish international standards prohibiting

22 the issuance of a contract of insurance for the sale

23 of a policy that would provide for the payment of

24 any penalty under the MARPOL Protocol (as de25 fined in section 2(a) of the Act to Prevent Pollution
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1 from Ships (33 U.S.C. 1901 (a))) to carry out the

2 MARPOL Protocol.

3 ‘‘SEC. 2405. NOTICE OF ARRIVAL.

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

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

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

7 place of destination pursuant to the Ports and Waterways

8 Safety Act (33 U.S.C. 1221 et seq.) information concern9 ing the intention of the owner, master, or person in charge

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

11 at the port or place of destination.

12 ‘‘SEC. 2406. COORDINATION.

13 ‘‘(a) ESTABLISHMENT OF MARINE DEBRIS COORDI14 NATING COMMITTEE.—The Administrator of the Environ15 mental Protection Agency shall establish a Marine Debris

16 Coordinating Committee (referred to in this section as the

17 ‘Committee’).

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

19 senior official from—

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

21 shall serve as the Chairperson of the Committee;

22 ‘‘(2) the National Oceanic and Atmospheric Ad23 ministration;

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

25 ‘‘(4) the United States Navy; and
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1 ‘‘(5) such other Federal agencies that have an

2 interest in ocean issues or water pollution prevention

3 and control as the Administrator of the Environ4 mental Protection Agency determines appropriate.

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

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

7 of national and international research, monitoring, edu8 cation, and regulatory actions addressing the persistent

9 marine debris problem.

10 ‘‘SEC. 2407. MONITORING.

11 ‘‘The Administrator of the Environmental Protection

12 Agency, in cooperation with the Secretary of Commerce,

13 acting through the Administrator of the National Oceanic

14 and Atmospheric Administration, shall utilize the marine

15 debris data derived under title V of the Marine Protection,

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

17 et seq.) to assist the United States Coast Guard in assess18 ing the effectiveness of this Act.’’.

19 (2) AMENDMENTS TO TABLE OF CONTENTS.—

20 The table of contents in section 2 of the United

21 States-Japan Fishery Agreement Approval Act of

22 1987(101 Stat. 1458) is amended by adding at the

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

24 following new items:

‘‘Subtitle D—Miscellaneous Provisions
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‘‘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.’’.

Æ