In the Senate of the United States,
July 27, 2000.
Resolved, That the bill from the House of Representa-
tives (H.R. 820) entitled ‘‘An Act to authorize appropriations
for fiscal years 2000 and 2001 for the Coast Guard, and for
other purposes.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coast Guard Authoriza-
tion Act of 2000’’.
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TITLE I—AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION FOR FISCAL YEAR 2000.—Funds
are authorized to be appropriated for necessary expenses of
the Coast Guard for fiscal year 2000, as follows:
(1) For the operation and maintenance of the
Coast Guard, $2,781,000,000, of which $300,000,000
shall be available for defense-related activities and of
which $25,000,000 shall be derived from the Oil Spill
Liability Trust Fund.
(2) For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore and off-
shore facilities, vessels, and aircraft, including equip-
ment related thereto, $389,326,000, to remain avail-
able until expended, of which $20,000,000 shall be de-
rived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990.
(3) For research, development, test, and evalua-
tion of technologies, materials, and human factors di-
rectly relating to improving the performance of the
Coast Guard’s mission in support of search and res-
cue, aids to navigation, marine safety, marine envi-
ronmental protection, enforcement of laws and trea-
ties, ice operations, oceanographic research, and de-
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fense readiness, $19,000,000, to remain available
until expended, of which $3,500,000 shall be derived
from the Oil Spill Liability Trust Fund.
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired
Serviceman’s Family Protection and Survivor Benefit
Plans, and payments for medical care of retired per-
sonnel and their dependents under chapter 55 of title
10, United States Code, such sums as may be nec-
essary, to remain available until expended.
(5) For environmental compliance and restora-
tion at Coast Guard facilities (other than parts and
equipment associated with operations and mainte-
nance), $17,000,000, to remain available until ex-
pended.
(6) For alteration or removal of bridges over
navigable waters of the United States constituting ob-
structions to navigation, and for personnel and ad-
ministrative costs associated with the Bridge Alter-
ation Program, $15,000,000, to remain available
until expended.
(b) AUTHORIZATION FOR FISCAL YEAR 2001.—Funds
are authorized to be appropriated for necessary expenses of
the Coast Guard for fiscal year 2001, as follows:
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(1) For the operation and maintenance of the
Coast Guard, $3,399,000,000, of which $25,000,000
shall be derived from the Oil Spill Liability Trust
Fund.
(2) For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore and off-
shore facilities, vessels, and aircraft, including equip-
ment related thereto, $520,000,000, to remain avail-
able until expended, of which $20,000,000 shall be de-
rived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990, and of which $110,000,000
shall be available for the construction and acquisition
of a replacement vessel for the Coast Guard Cutter
MACKINAW.
(3) For research, development, test, and evalua-
tion of technologies, materials, and human factors di-
rectly relating to improving the performance of the
Coast Guard’s mission in support of search and res-
cue, aids to navigation, marine safety, marine envi-
ronmental protection, enforcement of laws and trea-
ties, ice operations, oceanographic research, and de-
fense readiness, $21,320,000, to remain available
until expended, of which $3,500,000 shall be derived
from the Oil Spill Liability Trust Fund.
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(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired
Serviceman’s Family Protection and Survivor Benefit
Plans, and payments for medical care of retired per-
sonnel and their dependents under chapter 55 of title
10, United States Code, such sums as may be nec-
essary, to remain available until expended.
(5) For environmental compliance and restora-
tion at Coast Guard facilities (other than parts and
equipment associated with operations and mainte-
nance), $16,700,000, to remain available until ex-
pended.
(6) For alteration or removal of bridges over
navigable waters of the United States constituting ob-
structions to navigation, and for personnel and ad-
ministrative costs associated with the Bridge Alter-
ation Program, $15,500,000, to remain available
until expended.
(c) AUTHORIZATION FOR FISCAL YEAR 2002.—Funds
are authorized to be appropriated for necessary expenses of
the Coast Guard for fiscal year 2002 as such sums as may
be necessary, of which $8,000,000 shall be available for con-
struction or acquisition of a replacement vessel for the Coast
Guard Cutter MACKINAW.
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SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH
AND TRAINING.
(a) END-OF-YEAR
STRENGTH
FOR
FISCAL
YEAR
2000.—The Coast Guard is authorized an end-of-year
strength for active duty personnel of 40,000 as of September
30, 2000.
(b) TRAINING STUDENT LOADS
FOR FISCAL YEAR
2000.—For fiscal year 2000, the Coast Guard is authorized
average military training student loads as follows:
(1) For recruit and special training, 1,500 stu-
dent years.
(2) For flight training, 100 student years.
(3) For professional training in military and ci-
vilian institutions, 300 student years.
(4) For officer acquisition, 1,000 student years.
(c) END-OF-YEAR
STRENGTH
FOR
FISCAL
YEAR
2001.—The Coast Guard is authorized an end-of-year
strength for active duty personnel of 44,000 as of September
30, 2001.
(d) TRAINING STUDENT LOADS FOR FISCAL YEAR
2001.—For fiscal year 2001, the Coast Guard is authorized
average military training student loads as follows:
(1) For recruit and special training, 1,500 stu-
dent years.
(2) For flight training, 125 student years.
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under this section in order to reimburse the Coast Guard
for related expenses.
(b) FISCAL YEAR 2002.—There are authorized to be
appropriated to the Department of Transportation, in ad-
dition to funds authorized for the Coast Guard for operation
of the LORAN–C system, for capital expenses related to
LORAN–C navigation infrastructure, $40,000,000 for fiscal
year 2002. The Secretary of Transportation may transfer
from the Federal Aviation Administration and other agen-
cies of the department funds appropriated as authorized
under this section in order to reimburse the Coast Guard
for related expenses.
SEC. 104. PATROL CRAFT.
(a) TRANSFER
OF CRAFT FROM DOD.—Notwith-
standing any other provision of law, the Secretary of Trans-
portation may accept, by direct transfer without cost, for
use by the Coast Guard primarily for expanded drug inter-
diction activities required to meet national supply reduc-
tion performance goals, up to 7 PC–170 patrol craft from
the Department of Defense if it offers to transfer such craft.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Coast Guard, in addi-
tion to amounts otherwise authorized by this Act, up to
$100,000,000, to remain available until expended, for the
conversion of, operation and maintenance of, personnel to
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operate and support, and shoreside infrastructure require-
ments for, up to 7 patrol craft.
SEC. 105. CARIBBEAN SUPPORT TENDER.
The Coast Guard is authorized to operate and main-
tain a Caribbean Support Tender (or similar type vessel)
to provide technical assistance, including law enforcement
training, for foreign coast guards, navies, and other mari-
time services.
TITLE II—PERSONNEL
MANAGEMENT
SEC. 201. COAST GUARD BAND DIRECTOR RANK.
Section 336(d) of title 14, United States Code, is
amended by striking ‘‘commander’’ and inserting ‘‘cap-
tain’’.
SEC. 202. COAST GUARD MEMBERSHIP ON THE USO BOARD
OF GOVERNORS.
Section 200104(a)(2) of title 36, United States Code,
is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B);
(2) by redesignating subparagraph (C) as sub-
paragraph (D); and
(3) by inserting after subparagraph (B) the fol-
lowing:
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‘‘(C) the Secretary of Transportation, or the
Secretary’s designee, when the Coast Guard is
not operating under the Department of the Navy;
and’’.
SEC. 203. COMPENSATORY ABSENCE FOR ISOLATED DUTY.
(a) IN GENERAL.—Section 511 of title 14, United
States Code, is amended to read as follows:
‘‘§ 511. Compensatory absence from duty for military
personnel at isolated duty stations
‘‘The Secretary may prescribe regulations to grant
compensatory absence from duty to military personnel of
the Coast Guard serving at isolated duty stations of the
Coast Guard when conditions of duty result in confinement
because of isolation or in long periods of continuous duty.’’.
(b) CLERICAL AMENDMENT.—The chapter analysis for
chapter 13 of title 14, United States Code, is amended by
striking the item relating to section 511 and inserting the
following:
‘‘511. Compensatory absence from duty for military personnel at isolated duty sta-
tions.’’.
SEC. 204. ACCELERATED PROMOTION OF CERTAIN COAST
GUARD OFFICERS.
Title 14, United States Code, is amended—
(1) in section 259, by adding at the end a new
subsection (c) to read as follows:
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‘‘(c) After selecting the officers to be recommended for
promotion, a selection board may recommend officers of
particular merit, from among those officers chosen for pro-
motion, to be placed at the top of the list of selectees promul-
gated by the Secretary under section 271(a) of this title.
The number of officers that a board may recommend to be
placed at the top of the list of selectees may not exceed the
percentages set forth in subsection (b) unless such a percent-
age is a number less than one, in which case the board may
recommend one officer for such placement. No officer may
be recommended to be placed at the top of the list of selectees
unless he or she receives the recommendation of at least a
majority of the members of a board composed of five mem-
bers, or at least two-thirds of the members of a board com-
posed of more than five members.’’;
(2) in section 260(a), by inserting ‘‘and the
names of those officers recommended to be advanced
to the top of the list of selectees established by the Sec-
retary under section 271(a) of this title’’ after ‘‘pro-
motion’’; and
(3) in section 271(a), by inserting at the end
thereof the following: ‘‘The names of all officers ap-
proved by the President and recommended by the
board to be placed at the top of the list of selectees
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shall be placed at the top of the list of selectees in the
order of seniority on the active duty promotion list.’’.
SEC. 205. COAST GUARD ACADEMY BOARD OF TRUSTEES.
(a) IN GENERAL.—Section 193 of title 14, United
States Code, is amended to read as follows:
‘‘§ 193. Board of Trustees.
‘‘(a) ESTABLISHMENT.—The Commandant of the
Coast Guard may establish a Coast Guard Academy Board
of Trustees to provide advice to the Commandant and the
Superintendent on matters relating to the operation of the
Academy and its programs.
‘‘(b) MEMBERSHIP.—The Commandant shall appoint
the members of the Board of Trustees, which may include
persons of distinction in education and other fields related
to the missions and operation of the Academy. The Com-
mandant shall appoint a chairperson from among the mem-
bers of the Board of Trustees.
‘‘(c) EXPENSES.—Members of the Board of Trustees
who are not Federal employees shall be allowed travel ex-
penses while away from their homes or regular places of
business in the performance of service for the Board of
Trustees. Travel expenses include per diem in lieu of sub-
sistence in the same manner as persons employed intermit-
tently in the Government service are allowed expenses under
section 5703 of title 5.
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‘‘(d) FACA NOT TO APPLY.— The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Board
of Trustees established pursuant to this section.’’.
(b) CONFORMING AMENDMENTS.—(1) Section 194(a)
of title 14, United States Code, is amended by striking ‘‘Ad-
visory Committee’’ and inserting ‘‘Board of Trustees’’.
(2) The chapter analysis for chapter 9 of title 14,
United States Code, is amended by striking the item relat-
ing to section 193, and inserting the following:
‘‘193. Board of Trustees.’’.
SEC. 206. SPECIAL PAY FOR PHYSICIAN ASSISTANTS.
Section 302c(d)(1) of title 37, United States Code, is
amended by inserting ‘‘an officer in the Coast Guard or
Coast Guard Reserve designated as a physician assistant,’’
after ‘‘nurse,’’.
SEC. 207. SUSPENSION OF RETIRED PAY OF COAST GUARD
MEMBERS WHO ARE ABSENT FROM THE
UNITED STATES TO AVOID PROSECUTION.
Procedures promulgated by the Secretary of Defense
under section 633(a) of the National Defense Authorization
Act for Fiscal Year 1997 (Pub. L. 104–201) shall apply
to the Coast Guard. The Commandant of the Coast Guard
shall be considered a Secretary of a military department
for purposes of suspending pay under section 633 of that
Act.
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SEC. 208. EXTENSION OF COAST GUARD HOUSING AUTHORI-
TIES.
Section 689 of title 14, United States Code, is amended
by striking ‘‘2001.’’ and inserting ‘‘2006.’’.
TITLE III—MARINE SAFETY
SEC. 301. EXTENSION OF TERRITORIAL SEA FOR VESSEL
BRIDGE-TO-BRIDGE RADIOTELEPHONE ACT.
Section 4(b) of the Vessel Bridge-to-Bridge Radio-
telephone Act (33 U.S.C. 1203(b)), is amended by striking
‘‘United States inside the lines established pursuant to sec-
tion 2 of the Act of February 19, 1895 (28 Stat. 672), as
amended.’’ and inserting ‘‘United States, which includes all
waters of the territorial sea of the United States as described
in Presidential Proclamation 5928 of December 27, 1988.’’.
SEC. 302. ICEBREAKING SERVICES.
The Commandant of the Coast Guard shall not plan,
implement or finalize any regulation or take any other ac-
tion which would result in the decommissioning of any
WYTL-class harbor tugs unless and until the Commandant
certifies in writing to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House, that suffi-
cient replacement assets have been procured by the Coast
Guard to remediate any degradation in current icebreaking
services that would be caused by such decommissioning.
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SEC. 303. OIL SPILL LIABILITY TRUST FUND ANNUAL RE-
PORT.
(a) IN GENERAL.—The report regarding the Oil Spill
Liability Trust Fund required by the Conference Report
(House Report 101–892) accompanying the Department of
Transportation and Related Agencies Appropriations Act,
1991, as that requirement was amended by section 1122 of
the Federal Reports Elimination and Sunset Act of 1995
(26 U.S.C. 9509 note), shall no longer be submitted to Con-
gress.
(b) REPEAL.—Section 1122 of the Federal Reports
Elimination and Sunset Act of 1995 (26 U.S.C. 9509 note)
is amended by—
(1) striking subsection (a); and
(2) striking ‘‘(b) REPORT ON JOINT FEDERAL
AND
STATE
MOTOR
FUEL
TAX
COMPLIANCE
PROJECT.—’’.
SEC. 304. OIL SPILL LIABILITY TRUST FUND; EMERGENCY
FUND BORROWING AUTHORITY.
Section 6002(b) of the Oil Pollution Act of 1990 (33
U.S.C. 2752(b)) is amended after the first sentence by in-
serting ‘‘To the extent that such amount is not adequate
for removal of a discharge or the mitigation or prevention
of a substantial threat of a discharge, the Coast Guard may
borrow from the Fund such sums as may be necessary, up
to a maximum of $100,000,000, and within 30 days shall
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notify Congress of the amount borrowed and the facts and
circumstances necessitating the loan. Amounts borrowed
shall be repaid to the Fund when, and to the extent that
removal costs are recovered by the Coast Guard from re-
sponsible parties for the discharge or substantial threat of
discharge.’’.
SEC. 305. MERCHANT MARINER DOCUMENTATION REQUIRE-
MENTS.
(a) INTERIM MERCHANT MARINERS’ DOCUMENTS.—
Section 7302 of title 46, United States Code, is amended—
(1) by striking ‘‘A’’ in subsection (f) and insert-
ing ‘‘Except as provided in subsection (g), a’’; and
(2) by adding at the end the following:
‘‘(g)(1) The Secretary may, pending receipt and review
of information required under subsections (c) and (d), im-
mediately issue an interim merchant mariner’s document
valid for a period not to exceed 120 days, to—
‘‘(A) an individual to be employed as gaming
personnel, entertainment personnel, wait staff, or
other service personnel on board a passenger vessel
not engaged in foreign service, with no duties, includ-
ing emergency duties, related to the navigation of the
vessel or the safety of the vessel, its crew, cargo or
passengers; or
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‘‘(B) an individual seeking renewal of, or quali-
fying for a supplemental endorsement to, a valid mer-
chant mariner’s document issued under this section.
‘‘(2) No more than one interim document may be
issued to an individual under paragraph (1)(A) of this sub-
section.’’.
(b) EXCEPTION.—Section 8701(a) of title 46, United
States Code, is amended—
(1) by striking ‘‘and’’ after the semicolon in
paragraph (8);
(2) by redesignating paragraph (9) as para-
graph (10); and
(3) by inserting after paragraph (8) the fol-
lowing:
‘‘(9) a passenger vessel not engaged in a foreign
voyage with respect to individuals on board employed
for a period of not more than 30 service days within
a 12 month period as entertainment personnel, with
no duties, including emergency duties, related to the
navigation of the vessel or the safety of the vessel, its
crew, cargo or passengers; and’’.
SEC. 306. PENALTIES FOR NEGLIGENT OPERATIONS AND
INTERFERING WITH SAFE OPERATION.
Section 2302(a) of title 46, United States Code, is
amended by striking ‘‘$1,000.’’ and inserting ‘‘$25,000.’’.
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SECTION 307. AMENDMENT OF DEATH ON THE HIGH SEAS
ACT.
(a) RIGHT OF ACTION.—The first section of the Act
of March 30, 1920 (46 U.S.C. App. 761(b); popularly
known as the ‘‘Death on the High Seas Act’’) is amended—
(1) by striking ‘‘accident’’ in subsection (b) and
inserting ‘‘accident, or an accident involving a pas-
senger on a vessel other than a recreational vessel or
an individual on a recreational vessel (other than a
member of the crew engaged in the business of the rec-
reational vessel who has not contributed consideration
for carriage and who is paid for on-board services),’’;
and
(2) by adding at the end the following:
‘‘(c) PASSENGER; RECREATION VESSEL.—In this sec-
tion:
‘‘(1) PASSENGER.—The term ‘passenger’ has the
meaning given that term by section 2101(21) of title
46, United States Code.
‘‘(2) RECREATIONAL
VESSEL.—The term ‘rec-
reational vessel’ has the meaning given that term by
section 2101(25) of title 46, United States Code.’’.
(b) AMOUNT AND APPORTIONMENT OF RECOVERY.—
Section 2(b) of that Act (46 U.S.C. App. 762(b)) is
amended—
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(1) by striking ‘‘accident’’ in paragraph (1) and
inserting ‘‘accident, or an accident involving a pas-
senger on a vessel other than a recreational vessel or
an individual on a recreational vessel (other than a
member of the crew engaged in the business of the rec-
reational vessel who has not contributed consideration
for carriage and who is paid for on-board services),’’;
and
(2) by striking ‘‘companionship.’’ in paragraph
(2) and inserting ‘‘companionship, and the terms
‘passenger’ and ‘recreational vessel’ have the meaning
given them by paragraphs (21) and (25), respectively,
of section 2101 of title 46, United States Code.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section apply to any death after November 22, 1995.
TITLE IV—RENEWAL OF
ADVISORY GROUPS
SEC. 401. COMMERCIAL FISHING INDUSTRY VESSEL ADVI-
SORY COMMITTEE.
(a) COMMERCIAL FISHING INDUSTRY VESSEL ADVI-
SORY COMMITTEE.—Section 4508 of title 46, United States
Code, is amended—
(1) by inserting ‘‘Safety’’ in the heading after
‘‘Vessel’’;
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(2) by inserting ‘‘Safety’’ in subsection (a) after
‘‘Vessel’’;
(3) by striking ‘‘Secretary’’ in subsection (a)(1)
and inserting ‘‘Secretary, through the Commandant
of the Coast Guard,’’;
(4) by striking ‘‘Secretary’’ in subsection (a)(4)
and inserting ‘‘Commandant’’;
(5) by striking the last sentence in subsection
(b)(5);
(6) by striking ‘‘Committee’’ in subsection (c)(1)
and 
inserting 
‘‘Committee, 
through 
the 
Com-
mandant,’’;
(7) by striking ‘‘shall’’ in subsection (c)(2) and
inserting ‘‘shall, through the Commandant,’’; and
(8) by striking ‘‘(5 U.S.C App. 1 et seq.)’’ in
subsection (e)(1)(I) and inserting ‘‘(5 U.S.C. App.)’’;
and
(9) by striking ‘‘of September 30, 2000’’ and in-
serting ‘‘on September 30, 2005’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 45 of title 46, United States Code, is amended
by striking the item relating to section 4508 and inserting
the following:
‘‘4508. Commercial Fishing Industry Vessel Safety Advisory Committee.’’.
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SEC. 402. HOUSTON-GALVESTON NAVIGATION SAFETY ADVI-
SORY COMMITTEE.
Section 18 of the Coast Guard Authorization Act of
1991 is amended—
(1) by striking ‘‘operating (hereinafter in this
part referred to as the ‘Secretary’)’’ in the second sen-
tence of subsection (a)(1) and inserting ‘‘operating,
through the Commandant of the Coast Guard,’’;
(2) by striking ‘‘Committee’’ in the third sen-
tence of subsection (a)(1) and inserting ‘‘Committee,
through the Commandant,’’;
(3) by striking ‘‘Secretary,’’ in the second sen-
tence of subsection (a)(2) and inserting ‘‘Com-
mandant,’’; and
(4) by striking ‘‘September 30, 2000.’’ in sub-
section (h) and inserting ‘‘September 30, 2005.’’.
SEC. 403. LOWER MISSISSIPPI RIVER WATERWAY ADVISORY
COMMITTEE.
Section 19 of the Coast Guard Authorization Act of
1991 (Public Law 102–241) is amended—
(1) by striking ‘‘operating (hereinafter in this
part referred to as the ‘Secretary’)’’ in the second sen-
tence of subsection (a)(1) and inserting ‘‘operating,
through the Commandant of the Coast Guard,’’;
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(2) by striking ‘‘Committee’’ in the third sen-
tence of subsection (a)(1) and inserting ‘‘Committee,
through the Commandant,’’; and
(3) by striking ‘‘September 30, 2000’’ in sub-
section (g) and inserting ‘‘September 30, 2005’’.
SEC. 404. GREAT LAKES PILOTAGE ADVISORY COMMITTEE
Section 9307 of title 46, United States Code, is
amended—
(1) by striking ‘‘Secretary’’ in subsection (a)(1)
and inserting ‘‘Secretary, through the Commandant
of the Coast Guard,’’;
(2) by striking ‘‘Secretary,’’ in subsection
(a)(4)(A) and inserting ‘‘Commandant,’’;
(3) by striking the last sentence of subsection
(c)(2);
(4) by striking ‘‘Committee’’ in subsection (d)(1)
and 
inserting 
‘‘Committee, 
through 
the 
Com-
mandant,’’;
(5) by striking ‘‘Secretary’’ in subsection (d)(2)
and inserting ‘‘Secretary, through the Commandant,’’;
and
(6) by striking ‘‘September 30, 2003.’’ in sub-
section (f)(1) and inserting ‘‘September 30, 2005.’’.
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SEC. 405. NAVIGATION SAFETY ADVISORY COUNCIL
Section 5 of the Inland Navigational Rules Act of 1980
(33 U.S.C. 2073) is amended—
(1) by striking ‘‘Secretary’’ in the first sentence
of subsection (b) and inserting ‘‘Secretary, through
the Commandant of the Coast Guard,’’;
(2) by striking ‘‘Secretary’’ in the third sentence
of subsection (b) and inserting ‘‘Commandant’’; and
(3) by striking ‘‘September 30, 2000’’ in sub-
section (d) and inserting ‘‘September 30, 2005’’.
SEC. 406. NATIONAL BOATING SAFETY ADVISORY COUNCIL.
Section 13110 of title 46, United States Code, is
amended—
(1) by striking ‘‘consult’’ in subsection (c) and
inserting ‘‘consult, through the Commandant of the
Coast Guard,’’; and
(2) by striking ‘‘September 30, 2000’’ in sub-
section (e) and inserting ‘‘September 30, 2005’’.
SEC. 407. TOWING SAFETY ADVISORY COMMITTEE.
The Act entitled ‘‘An Act to Establish a Towing Safety
Advisory Committee in the Department of Transportation’’
(33 U.S.C. 1231a) is amended—
(1) by striking ‘‘Secretary’’ in the second sen-
tence of subsection (b) and inserting ‘‘Secretary,
through the Commandant of the Coast Guard’’;
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(2) by striking ‘‘Secretary’’ in the first sentence
of subsection (c) and inserting ‘‘Secretary, through the
Commandant,’’;
(3) by striking ‘‘Committee’’ in the third sen-
tence of subsection (c) and inserting ‘‘Committee,
through the Commandant,’’;
(4) by striking ‘‘Secretary,’’ in the fourth sen-
tence of subsection (c) and inserting ‘‘Commandant,’’;
and
(5) by striking ‘‘September 30, 2000.’’ in sub-
section (e) and inserting ‘‘September 30, 2005.’’.
TITLE V—MISCELLANEOUS
SEC. 501. COAST GUARD REPORT ON IMPLEMENTATION OF
NTSB RECOMMENDATIONS.
The Commandant of the United States Coast Guard
shall submit a written report to the Committee on Com-
merce, Science, and Transportation within 90 days after
the date of enactment of this Act on what actions the Coast
Guard has taken to implement the recommendations of the
National Transportation Safety Board in its Report No.
MAR–99–01. The report—
(1) shall describe in detail, by geographic
region—
(A) what steps the Coast Guard is taking to
fill gaps in its communications coverage;
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(B) what progress the Coast Guard has
made in installing direction-finding systems;
and
(C) what progress the Coast Guard has
made toward completing its national distress
and response system modernization project; and
(2) include an assessment of the safety benefits
that might reasonably be expected to result from in-
creased or accelerated funding for—
(A) 
measures 
described 
in 
paragraph
(1)(A); and
(B) the national distress and response sys-
tem modernization project.
SEC. 502. CONVEYANCE OF COAST GUARD PROPERTY IN
PORTLAND, MAINE.
(a) AUTHORITY TO CONVEY.—
(1) IN
GENERAL.—The Administrator of the
General Services Administration may convey to the
Gulf of Maine Aquarium Development Corporation,
its successors and assigns, without payment for con-
sideration, all right, title, and interest of the United
States of America in and to approximately 4.13 acres
of land, including a pier and bulkhead, known as the
Naval Reserve Pier property, together with any im-
provements thereon in their then current condition,
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located in Portland, Maine. All conditions placed
with the deed of title shall be construed as covenants
running with the land. Since the Federal agency ac-
tions necessary to effectuate the transfer of the Naval
Reserve Pier property will further the objectives of the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and the National Historic Preser-
vation Act of 1966 (16 U.S.C. 470 et seq.), require-
ments applicable to agency actions under these and
other environmental planning laws are unnecessary
and shall not be required. The provisions of the Stew-
art B. McKinney Homeless Assistance Act (42 U.S.C.
11301 et seq.) shall not apply to any building or
property at the Naval Reserve Pier property.
(2) IDENTIFICATION OF PROPERTY.—The Admin-
istrator, in consultation with the Commandant of the
Coast Guard, may identify, describe, and determine
the property to be conveyed under this section. The
floating docks associated with or attached to the
Naval Reserve Pier property shall remain the per-
sonal property of the United States.
(b) LEASE TO THE UNITED STATES.—(1) The Naval
Reserve Pier property shall not be conveyed until the Cor-
poration enters into a lease agreement with the United
States, the terms of which are mutually satisfactory to the
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Commandant and the Corporation, in which the Corpora-
tion shall lease a portion of the Naval Reserve Pier property
to the United States for a term of 30 years without payment
of consideration. The lease agreement shall be executed with-
in 12 months after the date of enactment of this Act.
(2) The Administrator, in consultation with the Com-
mandant, may identify and describe the Leased Premises
and rights of access including, but not limited to, those list-
ed below, in order to allow the United States Coast Guard
to operate and perform missions, from and upon the Leased
Premises—
(A) the right of ingress and egress over the Naval
Reserve Pier property, including the pier and bulk-
head, at any time, without notice, for purposes of ac-
cess to United States Coast Guard vessels and per-
formance of United States Coast Guard missions and
other mission-related activities;
(B) the right to berth United States Coast Guard
cutters or other vessels as required, in the moorings
along the east side of the Naval Reserve Pier property,
and the right to attach floating docks which shall be
owned and maintained at the United States sole cost
and expense;
(C) the right to operate, maintain, remove, relo-
cate, or replace an aid to navigation located upon, or
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to install any aid to navigation upon, the Naval Re-
serve Pier property as the Coast Guard, in its sole
discretion, may determine is needed for navigational
purposes;
(D) the right to occupy up to 3,000 gross square
feet at the Naval Reserve Pier property for storage
and office space, which will be provided and con-
structed by the Corporation, at the Corporation’s sole
cost and expense, and which will be maintained, and
utilities and other operating expenses paid for, by the
United States at its sole cost and expense;
(E) the right to occupy up to 1,200 gross square
feet of offsite storage in a location other than the
Naval Reserve Pier property, which will be provided
by the Corporation at the Corporation’s sole cost and
expense, and which will be maintained, and utilities
and other operating expenses paid for, by the United
States at its sole cost and expense; and
(F) the right for United States Coast Guard per-
sonnel to park up to 60 vehicles, at no expense to the
government, in the Corporation’s parking spaces on
the Naval Reserve Pier property or in parking spaces
that the Corporation may secure within 1,000 feet of
the Naval Reserve Pier property or within 1,000 feet
of the Coast Guard Marine Safety Office Portland.
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Spaces for no less than 30 vehicles shall be located on
the Naval Reserve Pier property.
(3) The lease described in paragraph (1) may be re-
newed, at the sole option of the United States, for additional
lease terms.
(4) The United States may not sublease the Leased
Premises to a third party or use the Leased Premises for
purposes other than fulfilling the missions of the United
States Coast Guard and for other mission related activities.
(5) In the event that the United States Coast Guard
ceases to use the Leased Premises, the Administrator, in
consultation with the Commandant, may terminate the
lease with the Corporation.
(c) IMPROVEMENT OF LEASED PREMISES.—(1) The
Naval Reserve Pier property shall not be conveyed until the
Corporation enters into an agreement with the United
States, subject to the Commandant’s design specifications,
project’s schedule, and final project approval, to replace the
bulkhead and pier which connects to, and provides access
from, the bulkhead to the floating docks, at the Corpora-
tion’s sole cost and expense, on the east side of the Naval
Reserve Pier property within 30 months from the date of
conveyance. The agreement to improve the Leased Premises
shall be executed within 12 months after the date of enact-
ment of this Act.
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(2) In addition to the improvements described in para-
graph (1), the Commandant is authorized to further im-
prove the Leased Premises during the lease term, at the
United States sole cost and expense.
(d) UTILITY INSTALLATION AND MAINTENANCE OBLI-
GATIONS.—(1) The Naval Reserve Pier property shall not
be conveyed until the Corporation enters into an agreement
with the United States to allow the Unites States to operate
and maintain existing utility lines and related equipment,
at the United States sole cost and expense. At such time
as the Corporation constructs its proposed public aquarium,
the Corporation shall replace existing utility lines and re-
lated equipment and provide additional utility lines and
equipment capable of supporting a third 110-foot Coast
Guard cutter, with comparable, new, code compliant utility
lines and equipment at the Corporation’s sole cost and ex-
pense, maintain such utility lines and related equipment
from an agreed upon demarcation point, and make such
utility lines and equipment available for use by the United
States, provided that the United States pays for its use of
utilities at its sole cost and expense. The agreement con-
cerning the operation and maintenance of utility lines and
equipment shall be executed within 12 months after the date
of enactment of this Act.
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(2) The Naval Reserve Pier property shall not be con-
veyed until the Corporation enters into an agreement with
the United States to maintain, at the Corporation’s sole cost
and expense, the bulkhead and pier on the east side of the
Naval Reserve Pier property. The agreement concerning the
maintenance of the bulkhead and pier shall be executed
within 12 months after the date of enactment of this Act.
(3) The United States shall be required to maintain,
at its sole cost and expense, any Coast Guard active aid
to navigation located upon the Naval Reserve Pier property.
(e) ADDITIONAL RIGHTS.—The conveyance of the
Naval Reserve Pier property shall be made subject to condi-
tions the Administrator or the Commandant consider nec-
essary to ensure that—
(1) the Corporation shall not interfere or allow
interference, in any manner, with use of the Leased
Premises by the United States; and
(2) the Corporation shall not interfere or allow
interference, in any manner, with any aid to naviga-
tion nor hinder activities required for the operation
and maintenance of any aid to navigation, without
the express written permission of the head of the agen-
cy responsible for operating and maintaining the aid
to navigation.
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(f) REMEDIES AND REVERSIONARY INTEREST.—The
Naval Reserve Pier property, at the option of the Adminis-
trator, shall revert to the United States and be placed under
the administrative control of the Administrator, if, and
only if, the Corporation fails to abide by any of the terms
of this section or any agreement entered into under sub-
section (b), (c), or (d) of this section.
(g) LIABILITY OF THE PARTIES.—The liability of the
United States and the Corporation for any injury, death,
or damage to or loss of property occurring on the leased
property shall be determined with reference to existing State
or Federal law, as appropriate, and any such liability may
not be modified or enlarged by this Act or any agreement
of the parties.
(h) EXPIRATION OF AUTHORITY TO CONVEY.—The au-
thority to convey the Naval Reserve property under this sec-
tion shall expire 3 years after the date of enactment of this
Act.
(i) DEFINITIONS.—In this section:
(1) AID TO NAVIGATION.—The term ‘‘aid to navi-
gation’’ means equipment used for navigational pur-
poses, including but not limited to, a light, antenna,
sound signal, electronic navigation equipment, cam-
eras, sensors power source, or other related equipment
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which are operated or maintained by the United
States.
(2) CORPORATION.—The term ‘‘Corporation’’
means the Gulf of Maine Aquarium Development Cor-
poration, its successors and assigns.
SEC. 503. TRANSFER OF COAST GUARD STATION SCITUATE
TO THE NATIONAL OCEANIC AND ATMOS-
PHERIC ADMINISTRATION.
(a) AUTHORITY TO TRANSFER.—
(1) IN
GENERAL.—The Administrator of the
General Services Administration (Administrator), in
consultation with the Commandant, United States
Coast Guard, may transfer, without consideration,
administrative jurisdiction, custody and control over
the Federal property, known as Coast Guard Station
Scituate, to the National Oceanic and Atmospheric
Administration (NOAA). Since the Federal agency
actions necessary to effectuate the administrative
transfer of the property will further the objectives of
the National Environmental Policy Act of 1969, Pub-
lic Law 91–190 (42 U.S.C. 4321 et seq.) and the Na-
tional Historic Preservation Act of 1966, Public Law
89–665 (16 U.S.C. 470 et seq.), procedures applicable
to agency actions under these laws are unnecessary
and shall not be required. Similarly, the Federal
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agency actions necessary to effectuate the transfer of
the property will not be subject to the Stewart B.
McKinney Homeless Assistance Act, Public Law 100–
77 (42 U.S.C. 11301 et seq.).
(2) IDENTIFICATION OF PROPERTY.—The Admin-
istrator, in consultation with the Commandant, may
identify, describe, and determine the property to be
transferred under this subsection.
(b) TERMS OF TRANSFER.—The transfer of the prop-
erty shall be made subject to any conditions and reserva-
tions the Administrator and the Commandant consider nec-
essary to ensure that—
(1) the transfer of the property to NOAA is con-
tingent upon the relocation of Coast Guard Station
Scituate to a suitable site;
(2) there is reserved to the Coast Guard the right
to remove, relocate, or replace any aid to navigation
located upon, or install any aid to navigation upon,
the property transferred under this section as may be
necessary for navigational purposes; and
(3) the Coast Guard shall have the right to enter
the property transferred under this section at any
time, without notice, for purposes of operating, main-
taining, and inspecting any aid to navigation. The
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transfer of the property shall be made subject to the
review and acceptance of the property by NOAA.
(c) RELOCATION OF STATION SCITUATE.—The Coast
Guard may lease land, including unimproved or vacant
land, for a term not to exceed 20 years, for the purpose
of relocating Coast Guard Station Scituate. The Coast
Guard may improve the land leased under paragraph (1)
of this subsection.
SEC. 504. HARBOR SAFETY COMMITTEES.
(a) STUDY.—The Coast Guard shall study existing
harbor safety committees in the United States to identify—
(1) strategies for gaining successful cooperation
among the various groups having an interest in the
local port or waterway;
(2) organizational models that can be applied to
new or existing harbor safety committees or to proto-
type harbor safety committees established under sub-
section (b);
(3) technological assistance that will help harbor
safety committees overcome local impediments to safe-
ty, mobility, environmental protection, and port secu-
rity; and
(4) recurring resources necessary to ensure the
success of harbor safety committees.
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(b) PROTOTYPE COMMITTEES.—The Coast Guard shall
test the feasibility of expanding the harbor safety committee
concept to small and medium-sized ports that are not gen-
erally served by a harbor safety committee by establishing
1 or more prototype harbor safety committees. In selecting
a location or locations for the establishment of a prototype
harbor safety committee, the Coast Guard shall—
(1) consider the results of the study conducted
under subsection (a);
(2) consider identified safety issues for a par-
ticular port;
(3) compare the potential benefits of establishing
such a committee with the burdens the establishment
of such a committee would impose on participating
agencies and organizations;
(4) consider the anticipated level of support from
interested parties; and
(5) take into account such other factors as may
be appropriate.
(c) EFFECT
ON EXISTING PROGRAMS
AND STATE
LAW.—Nothing in this section—
(1) limits the scope or activities of harbor safety
committees in existence on the date of enactment of
this Act;
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(2) precludes the establishment of new harbor
safety committees in locations not selected for the es-
tablishment of a prototype committee under sub-
section (b); or
(3) preempts State law.
(d) NONAPPLICATION OF FACA.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) does not apply to har-
bor safety committees established under this section or any
other provision of law.
(e) HARBOR SAFETY COMMITTEE DEFINED.—In this
section, the term ‘‘harbor safety committee’’ means a local
coordinating body—
(1) whose responsibilities include recommending
actions to improve the safety of a port or waterway;
and
(2) the membership of which includes representa-
tives of government agencies, maritime labor and in-
dustry organizations, environmental groups, and pub-
lic interest groups.
SEC. 505. EXTENSION OF INTERIM AUTHORITY FOR DRY
BULK CARGO RESIDUE DISPOSAL.
Section 415(b)(2) of the Coast Guard Authorization
Act of 1998 is amended by striking ‘‘2002.’’ and inserting
‘‘2003.’’.
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SEC. 506. LIGHTHOUSE CONVEYANCE.
Nothwithstanding any other provision of law, the con-
veyance authorized by section 416(a)(1)(H) of Public Law
105–383 shall take place within 3 months after the date
of enactment of this Act. Notwithstanding the previous sen-
tence, the conveyance shall be subject to subsections (a)(2),
(a)(3), (b), and (c) of section 416 of Public Law 105–383.
SEC. 507. FORMER COAST GUARD PROPERTY IN TRAVERSE
CITY, MICHIGAN.
Notwithstanding any other provision of law, and sub-
ject to the availability of funds appropriated specifically
for the project, the Coast Guard is authorized to transfer
funds in an amount not to exceed $200,000 and project
management authority to the Traverse City Area Public
School District for the purposes of demolition and removal
of the structure commonly known as ‘‘Building 402’’ at
former Coast Guard property located in Traverse City,
Michigan, and associated site work. No such funds shall be
transferred until the Coast Guard receives a detailed, fixed
price estimate from the School District describing the na-
ture and cost of the work to be performed, and the Coast
Guard shall transfer only that amount of funds it and the
School District consider necessary to complete the project.
SEC. 508. CONVEYANCE OF COAST GUARD PROPERTY IN
MIDDLETOWN, CALIFORNIA.
(a) AUTHORITY TO CONVEY.—
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(1) IN GENERAL.—The Administrator of General
Services (in this section referred to as the ‘‘Adminis-
trator’’) shall promptly convey to Lake County, Cali-
fornia (in this section referred to as the ‘‘County’’),
without consideration, all right, title, and interest of
the United States (subject to subsection (c)) in and to
the property described in subsection (b).
(2) IDENTIFICATION OF PROPERTY.—The Admin-
istrator, in consultation with the Commandant of the
Coast Guard, may identify, describe, and determine
the property to be conveyed under this section.
(b) PROPERTY DESCRIBED.—
(1) IN GENERAL.—The property referred to in
subsection (a) is such portion of the Coast Guard
Loran Station Middletown as has been reported to the
General Services Administration to be excess prop-
erty, consisting of approximately 733.43 acres, and is
comprised of all or part of tracts A–101, A–102, A–
104, A–105, A–106, A–107, A–108, and A–111.
(2) SURVEY.—The exact acreage and legal de-
scription of the property conveyed under subsection
(a), and any easements or rights-of-way reserved by
the United States under subsection (c)(1), shall be de-
termined by a survey satisfactory to the Adminis-
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trator. The cost of the survey shall be borne by the
County.
(c) CONDITIONS.—
(1) IN
GENERAL.—In making the conveyance
under subsection (a), the Administrator shall—
(A) reserve for the United States such exist-
ing rights-of-way for access and such easements
as are necessary for continued operation of the
loran station;
(B) preserve other existing easements for
public roads and highways, public utilities, irri-
gation ditches, railroads, and pipelines; and
(C) impose such other restrictions on use of
the property conveyed as are necessary to protect
the continued operation of the loran station.
(2) FIREBREAKS AND FENCE.—(A) The Adminis-
trator may not convey any property under this sec-
tion unless the County and the Commandant of the
Coast Guard enter into an agreement with the Ad-
ministrator under which the County is required, in
accordance with design specifications and mainte-
nance standards established by the Commandant—
(i) to establish and construct within 6
months after the date of the conveyance, and
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thereafter to maintain, firebreaks on the property
to be conveyed; and
(ii) construct within 6 months after the date
of conveyance, and thereafter maintain, a fence
approved by the Commandant along the property
line between the property conveyed and adjoin-
ing Coast Guard property.
(B) The agreement shall require that—
(i) the County shall pay all costs of estab-
lishment, construction, and maintenance of
firebreaks under subparagraph (A)(i); and
(ii) the Commandant shall provide all ma-
terials needed to construct a fence under sub-
paragraph (A)(ii), and the County shall pay all
other costs of construction and maintenance of
the fence.
(3) COVENANTS
APPURTENANT.—The Adminis-
trator shall take actions necessary to render the re-
quirement to establish, construct, and maintain
firebreaks and a fence under paragraph (2) and other
requirements and conditions under paragraph (1),
under the deed conveying the property to the County,
covenants that run with the land for the benefit of
land retained by the United States.
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(d) REVERSIONARY INTEREST.—The real property
conveyed pursuant to this section, at the option of the Ad-
ministrator, shall revert to the United States and be placed
under the administrative control of the Administrator, if—
(1) the County sells, conveys, assigns, exchanges,
or encumbers the property conveyed or any part
thereof;
(2) the County fails to maintain the property
conveyed in a manner consistent with the terms and
conditions in subsection (c);
(3) the County conducts any commercial activi-
ties at the property conveyed, or any part thereof,
without approval of the Secretary; or
(4) at least 30 days before the reversion, the Ad-
ministrator provides written notice to the owner that
the property or any part thereof is needed for na-
tional security purposes.
TITLE VI—JONES ACT WAIVERS
SEC. 601. CERTIFICATES OF DOCUMENTATION.
Notwithstanding section 27 of the Merchant Marine
Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of June
19, 1886 (24 Stat. 81, chapter 421; 46 U.S.C. App. 289),
and sections 12106 and 12108 of title 46, United States
Code, the Secretary of Transportation may issue a certifi-
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cate of documentation with appropriate endorsement for
employment in the coastwise trade for the following vessels:
(1) LOOKING GLASS, United States official
number 925735.
(2) YANKEE, United States official number
1076210.
(3) LUCKY DOG, of St. Petersburg, Florida,
State 
of 
Florida 
registration 
number
FLZP7569E373.
(4) ENTERPRIZE, United States official num-
ber 1077571.
(5) M/V SANDPIPER, United States official
number 1079439.
(6) FRITHA, United States official number
1085943.
(7) PUFFIN, United States official number
697029.
SEC. 602. CERTIFICATE OF DOCUMENTATION FOR THE
EAGLE.
Notwithstanding section 27 of the Merchant Marine
Act, 1920 (46 U.S.C. App. 883), chapter 121 of title 46,
United States Code, and section 1 of the Act of May 28,
1906 (46 U.S.C. App. 292), the Secretary of Transportation
shall issue a certificate of documentation with appropriate
endorsement for employment in the coastwise trade for the
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(b) SUPPLEMENTAL RULEMAKING ON TREATED SEW-
AGE DISCHARGE.—Additional regulations governing the
discharge of treated sewage may be promulgated taking into
consideration any studies conducted by any agency of the
United States, and recommendations made by the Cruise
Ship Waste Disposal and Management Executive Steering
Committee convened by the Alaska Department of Environ-
mental Conservation.
SEC. 703. DISCHARGES OF GRAYWATER.
(a) LIMIT ON DISCHARGES OF GRAYWATER.—A cruise
vessel operating in the waters of the Alexander Archipelago
shall not discharge any graywater unless—
(1) the cruise vessel is underway and is pro-
ceeding at not less than 4 knots; and
(2) the cruise vessel’s graywater system is tested
on a frequency prescribed by the Secretary to verify
that discharges of graywater do not contain chemicals
used in the operation of the vessel (including photo-
graphic chemicals or dry cleaning solvents) present in
an amount that would constitute a hazardous waste
under part 261 of title 40, Code of Federal Regula-
tions (or any successor regulation).
(b) SUPPLEMENTAL RULEMAKING
ON GRAYWATER
DISCHARGES.—Additional regulations governing the dis-
charge of graywater may be promulgated after taking into
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consideration any studies conducted by any agency of the
United States, and recommendations made by the Cruise
Ship Waste Disposal and Management Executive Steering
Committee convened by the Alaska Department of Environ-
mental Conservation.
SEC. 704. INSPECTION REGIME.
(a) IN GENERAL.—The Secretary shall incorporate
into the commercial vessel examination program an inspec-
tion regime sufficient to verify that cruise vessels operating
in the waters of the Alexander Archipelago are in full com-
pliance with this title and any regulations issued there-
under, the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), other applicable Federal laws and regulations,
and all applicable international treaty requirements.
(b) MATTERS TO BE EXAMINED.—The inspection
regime—
(1) shall include—
(A) examination of environmental compli-
ance records and procedures; and
(B) inspection of the functionality and
proper operation of installed equipment for pol-
lution abatement and controls; and
(2) may include unannounced inspections of any
aspect of cruise vessel operations or equipment perti-
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nent to the verification under subsection (a) of this
section.
SEC. 705. STUDIES.
Any agency of the United States undertaking a study
of the environmental impact of cruise vessel discharges of
sewage, treated sewage or graywater shall ensure that cruise
vessel operators, other United States agencies with jurisdic-
tion over cruise vessel operations, and affected coastal State
governments are provided an opportunity to review and
comment on such study prior to publication of the study,
and shall ensure that such study, if used as a basis for a
rulemaking governing the discharge or treatment of sewage,
treated sewage or graywater by cruise vessels, is subjected
to a scientific peer review process prior to the publication
of the proposed rule.
SEC. 706. CRIMINAL PENALTIES.
A person who knowingly violates section 701, 702(a),
or 703(a), or any regulation promulgated pursuant to sec-
tion 702(b) or 703(b), commits a class D felony. In the dis-
cretion of the Court, an amount equal to not more than
one-half of such fine may be paid to the person giving infor-
mation leading to conviction.
SEC. 707. CIVIL PENALTIES.
(a) IN GENERAL.—A person who is found by the Sec-
retary, after notice and an opportunity for a hearing, to
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have violated section 701, 702(a), or 703(a), or any regula-
tion promulgated pursuant to section 702(b) or 703(b),
shall be liable to the United States for a civil penalty, not
to exceed $25,000 for each violation. Each day of a con-
tinuing violation shall constitute a separate violation. The
amount of the civil penalty shall be assessed by the Sec-
retary, or his designee, by written notice. In determining
the amount of the penalty, the Secretary shall take into ac-
count the nature, circumstances, extent, and gravity of the
prohibited acts committed and, with respect to the violator,
the degree of culpability, any history of prior offenses, abil-
ity to pay, and other matters as justice may require. An
amount equal to not more than one-half of such penalties
may be paid by the Secretary to the person giving informa-
tion leading to the assessment of such penalties.
(b) ABATEMENT OF CIVIL PENALTIES; COLLECTION BY
ATTORNEY GENERAL.—The Secretary may compromise,
modify or remit, with or without conditions, any civil pen-
alty which is subject to assessment or which has been as-
sessed under this section. If any person fails to pay an as-
sessment of a civil penalty after it has become final, the
Secretary may refer the matter to the Attorney General of
the United States for collection in any appropriate district
court of the United States.
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SEC. 708. LIABILITY IN REM; DISTRICT COURT JURISDIC-
TION.
A vessel operated in violation of this title is liable in
rem for any fine imposed under section 706 or civil penalty
assessed under section 707, and may be proceeded against
in the United States district court of any district in which
the vessel may be found.
SEC. 709. VESSEL CLEARANCE OR PERMITS; REFUSAL OR
REVOCATION; BOND OR OTHER SURETY.
If any vessel subject to this title, its owner, operator,
or person in charge is liable for a fine or civil penalty under
this title, or if reasonable cause exists to believe that the
vessel, its owner, operator, or person in charge may be sub-
ject to a fine or a civil penalty under this title, the Sec-
retary of the Treasury, upon the request of the Secretary,
shall refuse or revoke the clearance required by section 4197
of the Revised Statutes of the United States (46 U.S.C. App.
91). Clearance may be granted upon the filing of a bond
or other surety satisfactory to the Secretary.
SEC. 710. REGULATIONS.
The Secretary shall prescribe any regulations nec-
essary to carry out the provisions of this title.
SEC. 711. DEFINITIONS.
In this title:
(1) WATERS
OF
THE
ALEXANDER
ARCHI-
PELAGO.—The term ‘‘waters of the Alexander Archi-