H. R. 2204—31
Security Fleet Program and are enrolled in an Emergency Prepared-
ness Program pursuant to subtitle B of title VI of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1187 et seq.), to which it charters
or subcharters the United States-flag vessel or space on the United
States-flag vessel that such charterer or subcharterer may not
use or make available space on the vessel for the carriage of
cargo reserved by law for United States-flag vessels.’’.
(b) Section 10(c)(6) of the Shipping Act of 1984 (46 U.S.C.
App. 1709(c)(6)) is amended by inserting ‘‘authorized by section
5(g) of this Act, or as’’ before ‘‘otherwise’’.
(c) Nothing in this section shall affect or in any way diminish
the authority or effectiveness of orders issued by the Maritime
Administration pursuant to sections 9 and 41 of the Shipping Act,
1916 (46 U.S.C. App. 808 and 839).
(d) Section 3(6)(B) of the Shipping Act of 1984 (46 U.S.C.
App. 1702(6)(B)) is amended by striking ‘‘parcel-tanker.’’ and insert-
ing ‘‘parcel-tanker or by vessel when primarily engaged in the
carriage of perishable agricultural commodities (i) if the common
carrier and the owner of those commodities are wholly-owned,
directly or indirectly, by a person primarily engaged in the market-
ing and distribution of those commodities and (ii) only with respect
to the carriage of those commodities.’’.
SEC. 425. REPORTS.
(a) SWATH TECHNOLOGY.—The Commandant of the Coast
Guard shall, within 18 months after the date of the enactment
of this Act, report to the Senate Committee on Commerce, Science,
and Transportation and the House Committee on Transportation
and Infrastructure on the applicability of Small Waterplane Area
Twin Hull (SWATH) technology, including concepts developed by
the United States Office of Naval Research, to the design of Coast
Guard vessels.
(b) MARINE GUIDANCE SYSTEMS.—The Secretary of Transpor-
tation shall, within 12 months after the date of the enactment
of this Act, evaluate and report to the Congress on the suitability
of marine sector laser lighting, cold cathode lighting, and ultraviolet
enhanced vision technologies for use in guiding marine vessels
and traffic.
SEC. 426. REPORT ON TONNAGE CALCULATION METHODOLOGY.
The Administrator of the Panama Canal Commission shall,
within 90 days of the date of the enactment of this Act, submit
to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing the methodology
employed in the calculation of the charge of tolls for the carriage
of on-deck containers and the justification thereof.
SEC. 427. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE
FLEET VESSELS.
(a) AUTHORITY TO CONVEY.—Notwithstanding any other law,
the Secretary of Transportation (referred to in this section as ‘‘the
Secretary’’) may convey all right, title, and interest of the Federal
Government in and to either or both of the vessels S.S. AMERICAN
VICTORY (United States official number 248005) and S.S.
HATTIESBURG VICTORY (United States official number 248651)
to The Victory Ship, Inc., located in Tampa, Florida (in this section
H. R. 2204—32
referred to as the ‘‘recipient’’), and the recipient may use each
vessel conveyed only as a memorial to the Victory class of ships.
(b) TERMS OF CONVEYANCE.—
(1) DELIVERY OF VESSEL.—In carrying out subsection (a),
the Secretary shall deliver a vessel—
(A) at the place where the vessel is located on the
date of conveyance;
(B) in its condition on that date; and
(C) at no cost to the Federal Government.
(2) REQUIRED CONDITIONS.—The Secretary may not convey
a vessel under this section unless—
(A) the recipient agrees to hold the Government harm-
less for any claims arising from exposure to hazardous
material, including asbestos and polychlorinated biphenyls,
after conveyance of the vessel, except for claims arising
before the date of the conveyance or from use of the vessel
by the Government after that date; and
(B) the recipient has available, for use to restore the
vessel, in the form of cash, liquid assets, or a written
loan commitment, financial resources of at least $100,000.
(3) ADDITIONAL TERMS.—The Secretary may require such
additional terms in connection with the conveyance authorized
by this section as the Secretary considers appropriate.
(c) OTHER UNNEEDED EQUIPMENT.—The Secretary may convey
to the recipient of any vessel conveyed under this section any
unneeded equipment from other vessels in the National Defense
Reserve Fleet, for use to restore the vessel conveyed under this
section to museum quality.
SEC. 428. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE
FLEET VESSEL, JOHN HENRY.
(a) AUTHORITY TO CONVEY.—Notwithstanding any other law,
the Secretary of Transportation (in this section referred to as ‘‘the
Secretary’’) may convey all right, title, and interest of the United
States Government in and to the vessel JOHN HENRY (United
States official number 599294) to a purchaser for use in humani-
tarian relief efforts, including the provision of water and humani-
tarian goods to developing nations.
(b) TERMS OF CONVEYANCE.—
(1) DELIVERY OF VESSEL.—In carrying out subsection (a),
the Secretary shall deliver the vessel—
(A) at the place where the vessel is located on the
date of conveyance;
(B) in its condition on that date;
(C) at no cost to the United States Government; and
(D) only after the vessel has been redesignated as
not militarily useful.
(2) REQUIRED CONDITIONS.—The Secretary may not convey
a vessel under this section unless—
(A) competitive procedures are used for sales under
this section;
(B) the vessel is sold for not less than the fair market
value of the vessel in the United States, as determined
by the Secretary of Transportation;
(C) the recipient agrees that the vessel shall not be
used for commercial transportation purposes or for the
H. R. 2204—33
carriage of cargoes reserved to United States flag commer-
cial vessels under section 901(b) and 901f of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1241(b) and 1241f );
(D) the recipient agrees to hold the Government harm-
less for any claims arising from exposure to hazardous
material, including asbestos and polychlorinated biphenyls,
after the conveyance of the vessel, except for claims arising
before the date of the conveyance or from use of the vessel
by the Government after that date; and
(E) the recipient provides sufficient evidence to the
Secretary that it has financial resources in the form of
cash, liquid assets, or a written loan commitment of at
least $100,000.
(F) the recipient agrees to make the vessel available
to the Government if the Secretary requires use of the
vessel by the Government for war or national emergency.
(G) the recipient agrees to document the vessel under
chapter 121 of title 46, United States Code.
(3) ADDITIONAL TERMS.—The Secretary may require such
additional terms in connection with the conveyance authorized
by this section as the Secretary considers appropriate.
(c) PROCEEDS.—Any amounts received by the United States
as proceeds from the sale of the M/V JOHN HENRY shall be
deposited in the Vessel Operations Revolving Fund established
by the Act of June 2, 1951 (chapter 121; 46 U.S.C. App. 1241a)
and shall be available and expended in accordance with section
6(a) of the National Maritime Heritage Act (16 U.S.C. App. 5405(a)).
SEC. 429. APPLICABILITY OF AUTHORITY TO RELEASE RESTRICTIONS
AND ENCUMBRANCES.
Section 
315(c)(1) 
of 
the 
Federal 
Maritime 
Commission
Authorization Act of 1990 (Public Law 101–595; 104 Stat. 2988)
is amended—
(1) by striking ‘‘3 contiguous tracts’’ and inserting ‘‘4 tracts’’;
and
(2) by striking ‘‘Tract A’’ and all that follows through the
end of the paragraph and inserting the following:
‘‘Tract 1—Commencing at a point N45° 28′ 31″ E 198.3 feet from point ‘A’ as shown
on plat of survey of ‘Boundary Agreement of CAFB’ by D.W. Jessen and
Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7,
1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish,
Louisiana; thence S44° 29′ 09″ E 220 feet; thence N45° 28′ 31″ E 50 feet;
thence N44° 29′ 09″ W 220 feet; thence S45° 28′ 31″ W 50 feet to the
point of commencement and containing 11,000 square feet (0.2525
acres).
‘‘Tract 2—Commencing at a point N45° 28′ 31″ E 198.3 feet from point ‘A’ as shown
on plat of survey of ‘Boundary Agreement of CAFB’ by D.W. Jessen and
Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7,
1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish,
Louisiana; thence S44° 29′ 09″ E 169.3 feet; thence S45° 28′ 31″ W 75
feet; (Deed Call S45° 30′ 51″ W 75 feet), thence N44° 29′ 09″ W 169.3
feet; thence N45° 28′ 31″ E 75 feet to the point of commencement and
containing 12,697 square feet (0.2915 acres).
‘‘Tract 3—Commencing at a point N45° 28′ 31″ E 248.3 feet from point ‘A’ as shown
on plat of survey of ‘Boundary Agreement of CAFB’ by D.W. Jessen and
Associates, Civil Engineers, Lake Charles, Louisiana, dated August 7,
1973, and filed in Plat Book 23, at page 20, Records of Calcasieu Parish,
Louisiana; thence S44° 29′ 09″ E 220 feet; thence N45° 28′ 31″ E 50 feet;
thence N44° 29′ 09″ W 220 feet; thence S45° 28′ 31″ W 50 feet to the
point of commencement and containing 11,000 square feet (0.2525
acres).
H. R. 2204—34
‘‘Tract 4—Commencing at a point N45° 28′ 31″ E 123.3 feet and S44° 29′ 09″ E
169.3 feet from point ‘A’ as shown on plat of survey of ‘Boundary Agree-
ment of CAFB’ by D.W. Jessen and Associates, Civil Engineers, Lake
Charles, Louisiana, dated August 7, 1973, and filed in Plat Book 23, at
page 20, Records of Calcasieu Parish, Louisiana; thence S44° 29′ 09″ E
50.7 feet; thence N45° 28′ 31″ E 75 feet; thence N44° 29′ 09″ W 50.7
feet; thence S45° 28′ 31″ W 75 feet (Deed Call S45° 30′ 51″ W 75 feet)
to the point of commencement and containing 3,802 square feet (0.0873
acres).
‘‘Composite Description—A tract of land lying in section 2, Township 10 South—
Range 8 West, Calcasieu Parish, Louisiana, and being mone [sic] par-
ticularly described as follows: Begin at a point N45° 28′ 31″ E 123.3 feet
from point ‘A’ as shown on plat of survey of ‘Boundary Agreement of
CAFB’ by D.W. Jessen and Associates, Civil Engineers, Lake Charles,
Louisiana, dated August 7, 1973, and filed in Plat Book 23, at page 20,
Records of Calcasieu Parish, Louisiana; thence N45° 28′ 31″ E 175.0
feet; thence S44° 29′ 09″ E 220.0 feet; thence S45° 28′ 31″ W 175.0 feet;
thence N44° 29′ 09″ W 220.0 feet to the point of beginning, containing
0.8035 acres.’’.
SEC. 430. BARGE APL–60.
(a) IN GENERAL.—Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of
June 19, 1886 (46 U.S.C. App. 289), and section 12106 of title
46, United States Code, the Secretary may issue a certificate of
documentation with appropriate endorsement for employment in
the coastwise trade for the barge APL–60 (United States official
number 376857).
(b) LIMITATIONS.—The vessel described in subsection (a) may
be employed in the coastwise trade only for the purpose of partici-
pating in the ship disposal initiative initially funded by the Depart-
ment of Defense Appropriations Act, 1999, for the duration of that
initiative.
(c) TERMINATION.—A coastwise endorsement issued under sub-
section (a) shall terminate on the earlier of—
(1) the completion of the final coastwise trade voyage associ-
ated with the ship disposal initiative described in subsection
(b); or
(2) the sale or transfer of the vessel described in subsection
(a) to an owner other than the owner of the vessel as of
October 1, 1998.
SEC. 431. VESSEL FINANCING FLEXIBILITY.
The Secretary of Transportation may guarantee obligations
under section 1103 of the Merchant Marine Act, 1936 (46 U.S.C.
App.1273), for the vessels planned for construction to be purchased
by the American West Steamboat Company and to be named
QUEEN OF THE YUKON, which will operate on the Yukon and
Tanana Rivers, and EMPRESS OF THE NORTH, which will operate
in Alaska, Washington, and Oregon. Notwithstanding sections 509,
1103(c)), and 1104A(b) of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1159, 1273(c), and 1274(b)), the Secretary of Transportation
may guarantee obligations of 871⁄2 percent of the purchase price
of such vessels. Each obligation guaranteed under this section may
have a maturity date of 25 years from the date of delivery of
the vessel concerned.
SEC. 432. HYDROGRAPHIC FUNCTIONS.
(a) EFFECTIVE DATE.—Subsections (b) and (c) shall take effect
immediately after the later of—
(1) the enactment of the Hydrographic Services Improve-
ment Act of 1998; or