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COAST GUARD AUTHORIZATION ACT FOR FISCAL YEAR 1996
(Senate - July 11, 1996)

Text of this article available as: TXT PDF [Pages S7691-S7743] COAST GUARD AUTHORIZATION ACT FOR FISCAL YEAR 1996 Mr. STEVENS. Mr. President, I ask that the Chair lay before the Senate a message from the House of Representatives on S. 1004, a bill to authorize appropriations for the U.S. Coast Guard, and for other purposes. The PRESIDING OFFICER laid before the Senate the following message from the House of Representatives: Resolved, That the bill from the Senate (S. 1004) entitled ``An Act to authorize appropriations for the United States 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 Authorization Act For Fiscal Year 1996''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--AUTHORIZATIONS Sec. 101. Authorization of appropriations. Sec. 102. Authorized levels of military strength and training. Sec. 103. Quarterly reports on drug interdiction. Sec. 104. Ensuring maritime safety after closure of small boat station or reduction to seasonal status. TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT Sec. 201. Hurricane Andrew relief. Sec. 202. Exclude certain reserves from end-of-year strength. Sec. 203. Provision of child development services. Sec. 204. Access to national driver register information on certain Coast Guard personnel. Sec. 205. Officer retention until retirement eligible. TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT Sec. 301. Foreign passenger vessel user fees. Sec. 302. Florida Avenue Bridge. Sec. 303. Renewal of Houston-Galveston Navigation Safety Advisory Committee and Lower Mississippi River Waterway Advisory Committee. Sec. 304. Renewal of the Navigation Safety Advisory Council. Sec. 305. Renewal of Commercial Fishing Industry Vessel Advisory Committee. Sec. 306. Nondisclosure of port security plans. Sec. 307. Maritime drug and alcohol testing program civil penalty. Sec. 308. Withholding vessel clearance for violation of certain Acts. Sec. 309. Increased civil penalties. Sec. 310. Amendment to require emergency position indicating radio beacons on the Great Lakes. Sec. 311. Extension of Towing Safety Advisory Committee. TITLE IV--MISCELLANEOUS Sec. 401. Transfer of Coast Guard property in Traverse City, Michigan. Sec. 402. Transfer of Coast Guard property in Ketchikan, Alaska. Sec. 403. Electronic filing of commercial instruments. Sec. 404. Board for correction of military records deadline. Sec. 405. Judicial sale of certain documented vessels to aliens. Sec. 406. Improved authority to sell recyclable material. Sec. 407. Recruitment of women and minorities. Sec. 408. Limitation of certain State authority over vessels. Sec. 409. Vessel financing. Sec. 410. Sense of Congress; requirement regarding notice. Sec. 411. Special selection boards. Sec. 412. Availability of extrajudicial remedies for default on preferred mortgage liens on vessels. Sec. 413. Implementation of water pollution laws with respect to vegetable oil. Sec. 414. Certain information from marine casualty investigations barred in legal proceedings. Sec. 415. Report on LORAN-C requirements. Sec. 416. Limited double hull exemptions. Sec. 417. Oil spill response vessels. Sec. 418. Offshore facility financial responsibility requirements. Sec. 419. Manning and watch requirements on towing vessels on the Great Lakes. Sec. 420. Limitation on application of certain laws to Lake Texoma. Sec. 421. Limitation on consolidation or relocation of Houston and Galveston marine safety offices. Sec. 422. Sense of the Congress regarding funding for Coast Guard. Sec. 423. Conveyance of Light Station, Montauk Point, New York. Sec. 424. Conveyance of Cape Ann Lighthouse, Thachers Island, Massachusetts. Sec. 425. Amendments to Johnson Act. Sec. 426. Transfer of Coast Guard property in Gosnold, Massachusetts. Sec. 427. Transfer of Coast Guard property in New Shoreham, Rhode Island. Sec. 428. Vessel deemed to be a recreational vessel. Sec. 429. Requirement for procurement of buoy chain. Sec. 430. Cruise vessel tort reform. Sec. 431. Limitation on fees and charges with respect to ferries. TITLE V--COAST GUARD REGULATORY REFORM Sec. 501. Short title. Sec. 502. Safety management. Sec. 503. Use of reports, documents, records, and examinations of other persons. Sec. 504. Equipment approval. Sec. 505. Frequency of inspection. Sec. 506. Certificate of inspection. Sec. 507. Delegation of authority of Secretary to classification societies. TITLE VI--DOCUMENTATION OF VESSELS Sec. 601. Authority to issue coastwise endorsements. Sec. 602. Vessel documentation for charity cruises. Sec. 603. Extension of deadline for conversion of vessel M/V TWIN DRILL. Sec. 604. Documentation of vessel RAINBOW'S END. Sec. 605. Documentation of vessel GLEAM. Sec. 606. Documentation of various vessels. Sec. 607. Documentation of 4 barges. Sec. 608. Limited waiver for ENCHANTED ISLE and ENCHANTED SEAS. Sec. 609. Limited waiver for MV PLATTE. TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS Sec. 701. Amendment of inland navigation rules. Sec. 702. Measurement of vessels. Sec. 703. Longshore and harbor workers compensation. Sec. 704. Radiotelephone requirements. Sec. 705. Vessel operating requirements. Sec. 706. Merchant Marine Act, 1920. Sec. 707. Merchant Marine Act, 1956. Sec. 708. Maritime education and training. Sec. 709. General definitions. Sec. 710. Authority to exempt certain vessels. Sec. 711. Inspection of vessels. Sec. 712. Regulations. Sec. 713. Penalties--inspection of vessels. Sec. 714. Application--tank vessels. Sec. 715. Tank vessel construction standards. Sec. 716. Tanker minimum standards. Sec. 717. Self-propelled tank vessel minimum standards. Sec. 718. Definition--abandonment of barges. Sec. 719. Application--load lines. Sec. 720. Licensing of individuals. Sec. 721. Able seamen--limited. Sec. 722. Able seamen--offshore supply vessels. Sec. 723. Scale of employment--able seamen. [[Page S7692]] Sec. 724. General requirements--engine department. Sec. 725. Complement of inspected vessels. Sec. 726. Watchmen. Sec. 727. Citizenship and naval reserve requirements. Sec. 728. Watches. Sec. 729. Minimum number of licensed individuals. Sec. 730. Officers' competency certificates convention. Sec. 731. Merchant mariners' documents required. Sec. 732. Certain crew requirements. Sec. 733. Freight vessels. Sec. 734. Exemptions. Sec. 735. United States registered pilot service. Sec. 736. Definitions--merchant seamen protection. Sec. 737. Application--foreign and intercoastal voyages. Sec. 738. Application--coastwise voyages. Sec. 739. Fishing agreements. Sec. 740. Accommodations for seamen. Sec. 741. Medicine chests. Sec. 742. Logbook and entry requirements. Sec. 743. Coastwise endorsements. Sec. 744. Fishery endorsements. Sec. 745. Clerical amendment. Sec. 746. Repeal of Great Lakes endorsements. Sec. 747. Convention tonnage for licenses, certificates, and documents. TITLE VIII--COAST GUARD AUXILIARY AMENDMENTS Sec. 801. Administration of the Coast Guard Auxiliary. Sec. 802. Purpose of the Coast Guard Auxiliary. Sec. 803. Members of the Auxiliary; status. Sec. 804. Assignment and performance of duties. Sec. 805. Cooperation with other agencies, States, territories, and political subdivisions. Sec. 806. Vessel deemed public vessel. Sec. 807. Aircraft deemed public aircraft. Sec. 808. Disposal of certain material. TITLE I--AUTHORIZATIONS SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Funds are authorized to be appropriated for necessary expenses of the Coast Guard for fiscal year 1996, as follows: (1) For the operation and maintenance of the Coast Guard, $2,618,316,000, 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 offshore facilities, vessels, and aircraft, including equipment related thereto, $428,200,000, to remain available until expended, of which $32,500,000 shall be derived 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 evaluation of technologies, materials, and human factors directly relating to improving the performance of the Coast Guard's mission in support of search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, $22,500,000, to remain available until expended, of which $3,150,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990. (4) For retired pay (including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose), payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $582,022,000. (5) For alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated with the Bridge Alteration Program, $16,200,000, to remain available until expended. (6) For necessary expenses to carry out the Coast Guard's environmental compliance and restoration functions, other than parts and equipment associated with operations and maintenance, under chapter 19 of title 14, United States Code, at Coast Guard facilities, $25,000,000, to remain available until expended. SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING. (a) Active Duty Strength.--The Coast Guard is authorized an end-of-year strength for active duty personnel of 38,400 as of September 30, 1996. (b) Military Training Student Loads.--For fiscal year 1996, the Coast Guard is authorized average military training student loads as follows: (1) For recruit and special training, 1604 student years. (2) For flight training, 85 student years. (3) For professional training in military and civilian institutions, 330 student years. (4) For officer acquisition, 874 student years. SEC. 103. QUARTERLY REPORTS ON DRUG INTERDICTION. Not later than 30 days after the end of each fiscal year quarter, the Secretary of Transportation shall 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 on all expenditures related to drug interdiction activities of the Coast Guard during that quarter. SEC. 104. ENSURING MARITIME SAFETY AFTER CLOSURE OF SMALL BOAT STATION OR REDUCTION TO SEASONAL STATUS. (a) Maritime Safety Determination.--None of the funds authorized to be appropriated under this Act may be used to close Coast Guard multimission small boat stations unless the Secretary of Transportation determines that maritime safety will not be diminished by the closures. (b) Transition Plan Required.--None of the funds appropriated under the authority of this Act may be used to close or reduce to seasonal status a small boat station, unless the Secretary of Transportation, in cooperation with the community affected by the closure or reduction, has developed and implemented a transition plan to ensure that the maritime safety needs of the community will continue to be met. TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT SEC. 201. HURRICANE ANDREW RELIEF. Section 2856 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484) applies to the military personnel of the Coast Guard who were assigned to, or employed at or in connection with, any Federal facility or installation in the vicinity of Homestead Air Force Base, Florida, including the areas of Broward, Collier, Dade, and Monroe Counties, on or before August 24, 1992, except that-- (1) funds available to the Coast Guard, not to exceed a total of $25,000, shall be used; and (2) the Secretary of Transportation shall administer that section with respect to Coast Guard personnel. SEC. 202. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH. Section 712 of title 14, United States Code, is amended by adding at the end the following: ``(d) Reserve members ordered to active duty under this section shall not be counted in computing authorized strength of members on active duty or members in grade under this title or under any other law.''. SEC. 203. PROVISION OF CHILD DEVELOPMENT SERVICES. Section 93 of title 14, United States Code, is amended by striking ``and'' after the semicolon at the end of paragraph (t)(2), by striking the period at the end of paragraph (u) and inserting ``; and'', and by adding at the end the following new paragraph: ``(v) make child development services available to members of the armed forces and Federal civilian employees under terms and conditions comparable to those under the Military Child Care Act of 1989 (10 U.S.C. 113 note).''. SEC. 204. ACCESS TO NATIONAL DRIVER REGISTER INFORMATION ON CERTAIN COAST GUARD PERSONNEL. (a) Amendment to Title 14.--Section 93 of title 14, United States Code, as amended by section 203, is further amended-- (1) by striking ``and'' after the semicolon at the end of paragraph (u); (2) by striking the period at the end of paragraph (v) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(w) require that any officer, chief warrant officer, or enlisted member of the Coast Guard or Coast Guard Reserve (including a cadet or an applicant for appointment or enlistment to any of the foregoing and any member of a uniformed service who is assigned to the Coast Guard) request that all information contained in the National Driver Register pertaining to the individual, as described in section 30304(a) of title 49, be made available to the Commandant under section 30305(a) of title 49, may receive that information, and upon receipt, shall make the information available to the individual.''. (b) Amendment to Title 49.--Section 30305(b) of title 49, United States Code, is amended by redesignating paragraph (7) as paragraph (8) and inserting after paragraph (6) the following new paragraph: ``(7) An individual who is an officer, chief warrant officer, or enlisted member of the Coast Guard or Coast Guard Reserve (including a cadet or an applicant for appointment or enlistment of any of the foregoing and any member of a uniformed service who is assigned to the Coast Guard) may request the chief driver licensing official of a State to provide information about the individual under subsection (a) of this section to the Commandant of the Coast Guard. The Commandant may receive the information and shall make the information available to the individual. Information may not be obtained from the Register under this paragraph if the information was entered in the Register more than 3 years before the request, unless the information is about a revocation or suspension still in effect on the date of the request.''. SEC. 205. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE. Section 283(b) of title 14, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; (2) by striking the last sentence; and (3) by adding at the end the following: ``(2) Upon the completion of a term under paragraph (1), an officer shall, unless selected for further continuation-- ``(A) except as provided in subparagraph (B), be honorably discharged with severance pay computed under section 286 of this title; ``(B) in the case of an officer who has completed at least 18 years of active service on the date of discharge under subparagraph (A), be retained on active duty and retired on the last day of the month in which the officer completes 20 years of active service, unless earlier removed under another provision of law; or ``(C) if, on the date specified for the officer's discharge in this section, the officer has completed at least 20 years of active service or is eligible for retirement under any law, be retired on that date.''. TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT SEC. 301. FOREIGN PASSENGER VESSEL USER FEES. Section 3303 of title 46, United States Code, is amended-- [[Page S7693]] (1) in subsection (a) by striking ``(a) Except as'' and inserting ``Except as''; and (2) by striking subsection (b). SEC. 302. FLORIDA AVENUE BRIDGE. For purposes of the alteration of the Florida Avenue Bridge (located approximately 1.63 miles east of the Mississippi River on the Gulf Intracoastal Waterway in Orleans Parish, Louisiana) ordered by the Secretary of Transportation under the Act of June 21, 1940 (33 U.S.C. 511 et seq.; popularly known as the Truman-Hobbs Act), the Secretary of Transportation shall treat the drainage siphon that is adjacent to the bridge as an appurtenance of the bridge, including with respect to apportionment and payment of costs for the removal of the drainage siphon in accordance with that Act. SEC. 303. RENEWAL OF HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE AND LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE. The Coast Guard Authorization Act of 1991 (Public Law 102- 241, 105 Stat. 2208-2235) is amended-- (1) in section 18 by adding at the end the following: ``(h) The Committee shall terminate on October 1, 2000.''; and (2) in section 19 by adding at the end the following: ``(g) The Committee shall terminate on October 1, 2000.''. SEC. 304. RENEWAL OF THE NAVIGATION SAFETY ADVISORY COUNCIL. (a) Renewal.--Section 5(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended by striking ``September 30, 1995'' and inserting ``September 30, 2000''. (b) Clerical Amendment.--The section heading for section 5(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended by striking ``Rules of the Road Advisory Council'' and inserting ``Navigation Safety Advisory Council''. SEC. 305. RENEWAL OF COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMITTEE. Subsection (e)(1) of section 4508 of title 46, United States Code, is amended by striking ``September 30, 1994'' and inserting ``October 1, 2000''. SEC. 306. NONDISCLOSURE OF PORT SECURITY PLANS. Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), is amended by adding at the end the following new subsection (c): ``(c) Nondisclosure of Port Security Plans.-- Notwithstanding any other provision of law, information related to security plans, procedures, or programs for passenger vessels or passenger terminals authorized under this Act is not required to be disclosed to the public.''. SEC. 307. MARITIME DRUG AND ALCOHOL TESTING PROGRAM CIVIL PENALTY. (a) Penalty Imposed.--Chapter 21 of title 46, United States Code, is amended by adding at the end the following new section: ``Sec. 2115. Civil penalty to enforce alcohol and dangerous drug testing ``Any person who fails to comply with or otherwise violates the requirements prescribed by the Secretary under this subtitle for chemical testing for dangerous drugs or for evidence of alcohol use is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. Each day of a continuing violation shall constitute a separate violation.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 21 of title 46, United States Code, is amended by inserting after the item relating to section 2114 the following new item: ``2115. Civil penalty to enforce alcohol and dangerous drug testing.''. SEC. 308. WITHHOLDING VESSEL CLEARANCE FOR VIOLATION OF CERTAIN ACTS. (a) Title 49, United States Code.--Section 5122 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(c) Withholding of Clearance.--(1) If any owner, operator, or person in charge of a vessel is liable for a civil penalty under section 5123 of this title or for a fine under section 5124 of this title, or if reasonable cause exists to believe that such owner, operator, or person in charge may be subject to such a civil penalty or fine, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91). ``(2) Clearance refused or revoked under this subsection may be granted upon the filing of a bond or other surety satisfactory to the Secretary.''. (b) Port and Waterways Safety Act.--Section 13(f) of the Ports and Waterways Safety Act (33 U.S.C. 1232(f)) is amended to read as follows: ``(f) Withholding of Clearance.--(1) If any owner, operator, or person in charge of a vessel is liable for a penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or person in charge may be subject to a penalty or fine under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91). ``(2) Clearance refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.''. (c) Inland Navigation Rules Act of 1980.--Section 4(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2072(d)) is amended to read as follows: ``(d) Withholding of Clearance.--(1) If any owner, operator, or person in charge of a vessel is liable for a penalty under this section, or if reasonable cause exists to believe that the owner, operator, or person in charge may be subject to a penalty under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91). ``(2) Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.''. (d) Title 46, United States Code.--Section 3718(e) of title 46, United States Code, is amended to read as follows: ``(e)(1) If any owner, operator, or person in charge of a vessel is liable for any penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or person in charge may be subject to any penalty or fine under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91). ``(2) Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.''. SEC. 309. INCREASED CIVIL PENALTIES. (a) Penalty for Failure To Report a Casualty.--Section 6103(a) of title 46, United States Code, is amended by striking ``$1,000'' and inserting ``not more than $25,000''. (b) Operation of Uninspected Vessel in Violation of Manning Requirements.--Section 8906 of title 46, United States Code, is amended by striking ``$1,000'' and inserting ``not more than $25,000''. SEC. 310. AMENDMENT TO REQUIRE EMERGENCY POSITION INDICATING RADIO BEACONS ON THE GREAT LAKES. Paragraph (7) of section 4502(a) of title 46, United States Code, is amended by inserting ``or beyond three nautical miles from the coastline of the Great Lakes'' after ``high seas''. SEC. 311. EXTENSION OF TOWING SAFETY ADVISORY COMMITTEE. Subsection (e) of the Act to establish a Towing Safety Advisory Committee in the Department of Transportation (33 U.S.C. 1231a(e)), is amended by striking ``September 30, 1995'' and inserting ``October 1, 2000''. TITLE IV--MISCELLANEOUS SEC. 401. TRANSFER OF COAST GUARD PROPERTY IN TRAVERSE CITY, MICHIGAN. (a) Requirement.--The Secretary of Transportation (or any other official having control over the property described in subsection (b)) shall expeditiously convey to the Traverse City Area Public School District in Traverse City, Michigan, without consideration, all right, title, and interest of the United States in and to the property described in subsection (b), subject to all easements and other interests in the property held by any other person. (b) Property Described.--The property referred to in subsection (a) is real property located in the city of Traverse City, Grand Traverse County, Michigan, and consisting of that part of the southeast \1/4\ of Section 12, Township 27 North, Range 11 West, described as: Commencing at the southeast \1/4\ corner of said Section 12, thence north 03 degrees 05 minutes 25 seconds east along the East line of said Section, 1074.04 feet, thence north 86 degrees 36 minutes 50 seconds west 207.66 feet, thence north 03 degrees 06 minutes 00 seconds east 572.83 feet to the point of beginning, thence north 86 degrees 54 minutes 00 seconds west 1,751.04 feet, thence north 03 degrees 02 minutes 38 seconds east 330.09 feet, thence north 24 degrees 04 minutes 40 seconds east 439.86 feet, thence south 86 degrees 56 minutes 15 seconds east 116.62 feet, thence north 03 degrees 08 minutes 45 seconds east 200.00 feet, thence south 87 degrees 08 minutes 20 seconds east 68.52 feet, to the southerly right-of-way of the C & O Railroad, thence south 65 degrees 54 minutes 20 seconds east along said right-of-way 1508.75 feet, thence south 03 degrees 06 minutes 00 seconds west 400.61 to the point of beginning, consisting of 27.10 acres of land, and all improvements located on that property including buildings, structures, and equipment. (c) Reversionary Interest.--In addition to any term or condition established pursuant to subsection (a), any conveyance of property described in subsection (b) shall be subject to the condition that all right, title, and interest in and to the property so conveyed shall immediately revert to the United States if the property, or any part thereof, ceases to be used by the Traverse City School District. SEC. 402. TRANSFER OF COAST GUARD PROPERTY IN KETCHIKAN, ALASKA. (a) Conveyance Requirement.--The Secretary of Transportation shall convey to the Ketchikan Indian Corporation in Ketchikan, Alaska, without reimbursement and by no later than 120 days after the date of enactment of this Act, all right, title, and interest of the United States in and to the property known as the ``Former Marine Safety Detachment'' as identified in Report of Excess Number CG-689 (GSA Control Number 9-U-AK-0747) and described in subsection (b), for use by the Ketchikan Indian Corporation as a health or social services facility. (b) Property Described.--The property referred to in subsection (a) is real property located in the city of Ketchikan, Township 75 south, range 90 east, Copper River Meridian, First Judicial District, State of Alaska, and commencing at corner numbered 10, United States [[Page S7694]] Survey numbered 1079, the true point of beginning for this description: Thence north 24 degrees 04 minutes east, along the 10-11 line of said survey a distance of 89.76 feet to corner numbered 1 of lot 5B; thence south 65 degrees 56 minutes east a distance of 345.18 feet to corner numbered 2 of lot 5B; thence south 24 degrees 04 minutes west a distance of 101.64 feet to corner numbered 3 of lot 5B; thence north 64 degrees 01 minute west a distance of 346.47 feet to corner numbered 10 of said survey, to the true point of beginning, consisting of 0.76 acres (more or less), and all improvements located on that property, including buildings, structures, and equipment. (c) Reversionary Interest.--In addition to any term or condition established pursuant to subsection (a), any conveyance of property described in subsection (b) shall be subject to the condition that all right, title, and interest in and to the property so conveyed shall immediately revert to the United States if the property, or any part thereof, ceases to be used by the Ketchikan Indian Corporation as a health or social services facility. SEC. 403. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS. Section 31321(a) of title 46, United States Code, is amended by adding at the end the following new paragraph: ``(4)(A) A bill of sale, conveyance, mortgage, assignment, or related instrument may be filed electronically under regulations prescribed by the Secretary. ``(B) A filing made electronically under subparagraph (A) shall not be effective after the 10-day period beginning on the date of the filing unless the original instrument is provided to the Secretary within that 10-day period.''. SEC. 404. BOARD FOR CORRECTION OF MILITARY RECORDS DEADLINE. (a) Remedies Deemed Exhausted.--Ten months after a complete application for correction of military records is received by the Board for Correction of Military Records of the Coast Guard, administrative remedies are deemed to have been exhausted, and-- (1) if the Board has rendered a recommended decision, its recommendation shall be final agency action and not subject to further review or approval within the Department of Transportation; or (2) if the Board has not rendered a recommended decision, agency action is deemed to have been unreasonably delayed or withheld and the applicant is entitled to-- (A) an order under section 706(1) of title 5, United States Code, directing final action be taken within 30 days from the date the order is entered; and (B) from amounts appropriated to the Department of Transportation, the costs of obtaining the order, including a reasonable attorney's fee. (b) Existing Deadline Mandatory.--The 10-month deadline established in section 212 of the Coast Guard Authorization Act of 1989 (Public Law 101-225, 103 Stat. 1914) is mandatory. (c) Application.--This section applies to all applications filed with or pending before the Board or the Secretary of Transportation on or after June 12, 1990. For applications that were pending on June 12, 1990, the 10-month deadline referred to in subsection (b) shall be calculated from June 12, 1990. SEC. 405. JUDICIAL SALE OF CERTAIN DOCUMENTED VESSELS TO ALIENS. Section 31329 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(f) This section does not apply to a documented vessel that has been operated only-- ``(1) as a fishing vessel, fish processing vessel, or fish tender vessel; or ``(2) for pleasure.''. SEC. 406. IMPROVED AUTHORITY TO SELL RECYCLABLE MATERIAL. Section 641(c)(2) of title 14, United States Code, is amended by inserting before the period the following: ``, except that the Commandant may conduct sales of materials for which the proceeds of sale will not exceed $5,000 under regulations prescribed by the Commandant''. SEC. 407. RECRUITMENT OF WOMEN AND MINORITIES. Not later than January 31, 1996, the Commandant of the Coast Guard shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, on the status of and the problems in recruitment of women and minorities into the Coast Guard. The report shall contain specific plans to increase the recruitment of women and minorities and legislative recommendations needed to increase the recruitment of women and minorities. SEC. 408. LIMITATION OF CERTAIN STATE AUTHORITY OVER VESSELS. (a) Short Title.--This section may be cited as the ``California Cruise Industry Revitalization Act''. (b) Limitation.--Section 5(b)(2) of the Act of January 2, 1951 (15 U.S.C. 1175(b)(2)), commonly referred to as the ``Johnson Act'', is amended by adding at the end the following: ``(C) Exclusion of certain voyages and segments.--Except for a voyage or segment of a voyage that occurs within the boundaries of the State of Hawaii, a voyage or segment of a voyage is not described in subparagraph (B) if it includes or consists of a segment-- ``(i) that begins and ends in the same State; ``(ii) that is part of a voyage to another State or to a foreign country; and ``(iii) in which the vessel reaches the other State or foreign country within 3 days after leaving the State in which it begins.''. SEC. 409. VESSEL FINANCING. (a) Documentation Citizen Eligible Mortgagee.--Section 31322(a)(1)(D) of title 46, United States Code, is amended-- (1) by striking ``or'' at the end of 31322(a)(1)(D)(v) and inserting ``or'' at the end of 31322(a)(1)(D)(vi); and (2) by adding at the end a new subparagraph as follows: ``(vii) a person eligible to own a documented vessel under chapter 121 of this title.''. (b) Amendment to Trustee Restrictions.--Section 31328(a) of title 46, United States Code, is amended-- (1) by striking ``or'' at the end of 31328(a)(3) and inserting ``or'' at the end of 31328(a)(4); and (2) by adding at the end a new subparagraph as follows: ``(5) is a person eligible to own a documented vessel under chapter 121 of this title.''. (c) Lease Financing.--Section 12106 of title 46, United States Code, is amended by adding at the end the following new subsections: ``(e)(1) A certificate of documentation for a vessel may be endorsed with a coastwise endorsement if-- ``(A) the vessel is eligible for documentation under section 12102; ``(B) the person that owns the vessel, a parent entity of that person, or a subsidiary of a parent entity of that person, is engaged in lease financing; ``(C) the vessel is under a demise charter to a person qualifying as a citizen of the United States for engaging in the coastwise trade under section 2 of the Shipping Act, 1916; ``(D) the demise charter is for-- ``(i) a period of at least 3 years; or ``(ii) a shorter period as may be prescribed by the Secretary; and ``(E) the vessel is otherwise qualified under this section to be employed in the coastwise trade. ``(2) Upon default by a bareboat charterer of a demise charter required under paragraph (1)(D), the coastwise endorsement of the vessel may, in the sole discretion of the Secretary, be continued after the termination for default of the demise charter for a period not to exceed 6 months on terms and conditions as the Secretary may prescribe. ``(3) For purposes of section 2 of the Shipping Act, 1916, and section 12102(a) of this title, a vessel meeting the criteria of subsection is deemed to be owned exclusively by citizens of the United States.''. (d) Conforming Amendment.--Section 9(c) of the Shipping Act, 1916, as amended (46 App. U.S.C. 808(c)) is amended by inserting ``12106(e),'' after the word ``sections'' and before 31322(a)(1)(D). SEC. 410. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE. (a) Purchase of American-Made Equipment and Products.--It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Act should be American-made. (b) Notice to Recipients of Assistance.--In providing financial assistance under this Act, the official responsible for providing the assistance, to the greatest extent practicable, shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress. SEC. 411. SPECIAL SELECTION BOARDS. (a) Requirement.--Chapter 21 of title 14, United States Code, is amended by adding at the end the following new section: ``Sec. 747. Special selection boards ``(a) The Secretary shall provide for special selection boards to consider the case of any officer who is eligible for promotion who-- ``(1) was not considered for selection for promotion by a selection board because of administrative error; or ``(2) was considered for selection for promotion by a selection board but not selected because-- ``(A) the action of the board that considered the officer was contrary to law or involved a material error of fact or material administrative error; or ``(B) the board that considered the officer did not have before it for its consideration material information. ``(b) Not later than 6 months after the date of the enactment of the Coast Guard Authorization Act For Fiscal Year 1996, the Secretary shall issue regulations to implement this section. The regulations shall conform, as appropriate, to the regulations and procedures issued by the Secretary of Defense for special selection boards under section 628 of title 10, United States Code.''. (b) Clerical Amendment.--The table of sections for chapter 21 of title 14, United States Code, is amended by adding after the item for section 746 the following: ``747. Special selection boards.''. SEC. 412. AVAILABILITY OF EXTRAJUDICIAL REMEDIES FOR DEFAULT ON PREFERRED MORTGAGE LIENS ON VESSELS. (a) Availability of Extrajudicial Remedies.--Section 31325(b) of title 46, United States Code, is amended-- (1) in the matter preceding paragraph (1) by striking ``mortgage may'' and inserting ``mortgagee may''; (2) in paragraph (1) by-- (A) striking ``perferred'' and inserting ``preferred''; and (B) striking ``; and'' and inserting a semicolon; and (3) by adding at the end the following: ``(3) enforce the preferred mortgage lien or a claim for the outstanding indebtedness secured by the mortgaged vessel, or both, by exercising any other remedy (including an extrajudicial remedy) against a documented vessel, a vessel for which an application for documentation is filed under chapter 121 of this title, a foreign vessel, or a mortgagor, maker, comaker, or guarantor for the amount of the outstanding indebtedness or any deficiency in full payment of that indebtedness, if-- [[Page S7695]] ``(A) the remedy is allowed under applicable law; and ``(B) the exercise of the remedy will not result in a violation of section 9 or 37 of the Shipping Act, 1916 (46 App. U.S.C. 808, 835).''. (b) Notice.--Section 31325 of title 46, United States Code, is further amended by adding at the end the following: ``(f)(1) Before title to the documented vessel or vessel for which an application for documentation is filed under chapter 121 is transferred by an extrajudicial remedy, the person exercising the remedy shall give notice of the proposed transfer to the Secretary, to the mortgagee of any mortgage on the vessel filed in substantial compliance with section 31321 of this title before notice of the proposed transfer is given to the Secretary, and to any person that recorded a notice of a claim of an undischarged lien on the vessel under section 31343(a) or (d) of this title before notice of the proposed transfer is given to the Secretary. ``(2) Failure to give notice as required by this subsection shall not affect the transfer of title to a vessel. However, the rights of any holder of a maritime lien or a preferred mortgage on the vessel shall not be affected by a transfer of title by an extrajudicial remedy exercised under this section, regardless of whether notice is required by this subsection or given. ``(3) The Secretary shall prescribe regulations establishing the time and manner for providing notice under this subsection.''. (c) Rule of Construction.--The amendments made by subsections (a) and (b) may not be construed to imply that remedies other than judicial remedies were not available before the date of enactment of this section to enforce claims for outstanding indebtedness secured by mortgaged vessels. SEC. 413. IMPLEMENTATION OF WATER POLLUTION LAWS WITH RESPECT TO VEGETABLE OIL. (a) Differentiation Among Fats, Oils, and Greases.-- (1) In general.--In issuing or enforcing a regulation, an interpretation, or a guideline relating to a fat, oil, or grease under a Federal law related to water pollution control, the head of a Federal agency shall-- (A) differentiate between and establish separate classes for-- (i)(I) animal fats; and (II) vegetable oils; and (ii) other oils, including petroleum oil; and (B) apply different standards to different classes of fat and oil as provided in paragraph (2). (2) Considerations.--In differentiating between the classes of animal fats and vegetable oils referred to in paragraph (1)(A)(i) and the classes of oils described in paragraph (1)(A)(ii), the head of a Federal agency shall consider differences in physical, chemical, biological, and other properties, and in the environmental effects, of the classes. (b) Financial Responsibility.-- (1) Limits on liability.--Section 1004(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) is amended by striking ``for a tank vessel,'' and inserting ``for a tank vessel carrying oil in bulk as cargo or cargo residue (except a tank vessel on which the only oil carried is an animal fat or vegetable oil, as those terms are defined in section 413(c) of the Coast Guard Authorization Act for Fiscal Year 1996),''. (2) Financial responsibility.--The first sentence of section 1016(a) of the Act (33 U.S.C. 2716(a)) is amended by striking ``, in the case of a tank vessel, the responsible party could be subject under section 1004(a)(1) or (d) of this Act, or to which, in the case of any other vessel, the responsible party could be subjected under section 1004(a)(2) or (d)'' and inserting ``the responsible party could be subjected under section 1004(a) or (d) of this Act''. (c) Definitions.--In this section, the following definitions apply: (1) Animal fat.--The term ``animal fat'' means each type of animal fat, oil, or grease, including fat, oil, or grease from fish or a marine mammal and any fat, oil, or grease referred to in section 61(a)(2) of title 13, United States Code. (2) Vegetable oil.--The term ``vegetable oil'' means each type of vegetable oil, including vegetable oil from a seed, nut, or kernel and any vegetable oil referred to in section 61(a)(1) of title 13, United States Code. SEC. 414. CERTAIN INFORMATION FROM MARINE CASUALTY INVESTIGATIONS BARRED IN LEGAL PROCEEDINGS. (a) In General.--Title 46, United States Code, is amended by inserting after section 6307 the following new section: ``Sec. 6308. Information barred in legal proceedings ``(a) Notwithstanding any other provision of law, any opinion, recommendation, deliberation, or conclusion contained in a report of a marine casualty investigation conducted under section 6301 of this title with respect to the cause of, or factors contributing to, the casualty set forth in the report of the investigation is not admissible as evidence or subject to discovery in any civil, administrative, or State criminal proceeding arising from a marine casualty, other than with the permission and consent of the Secretary of Transportation, in his or her sole discretion. Any employee of the United States or military member of the Coast Guard investigating a marine casualty or assisting in any such investigation conducted pursuant to section 6301 of this title, shall not be subject to deposition or other discovery, or otherwise testify or give information in such proceedings relevant to a marine casualty investigation, without the permission and consent of the Secretary of Transportation in his or her sole discretion. In exercising this discretion in cases where the United States is a party, the Secretary shall not withhold permission for an employee to testify solely on factual matters where the information is not available elsewhere or is not obtainable by other means. Nothing in this section prohibits the United States from calling an employee as an expert witness to testify on its behalf. ``(b) The information referred to in subsection (a) of this section shall not be considered an admission of liability by the United States or by any person referred to in those conclusions or statements.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 63 of title 46, United States Code, is amended by adding after the item related to section 6307 the following: ``6308. Information barred in legal proceedings.''. SEC. 415. REPORT ON LORAN-C REQUIREMENTS. Not later than 6 months after the date of the enactment of this Act, the Secretary of Transportation shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science and Transportation of the Senate, prepared in consultation with users of the LORAN-C radionavigation system, defining the future use of and funding for operations, maintenance, and upgrades of the LORAN-C radionavigation system. The report shall address the following: (1) An appropriate timetable for transition from ground- based radionavigation technology after it is determined that satellite-based technology is available as a sole means of safe and efficient navigation. (2) The need to ensure that LORAN-C technology purchased by the public before the year 2000 has a useful economic life. (3) The benefits of fully utilizing the compatibilities of LORAN-C technology and satellite-based technology by all modes of transportation. (4) The need for all agencies in the Department of Transportation and other relevant Federal agencies to share the Federal Government's costs related to LORAN-C technology. SEC. 416. LIMITED DOUBLE HULL EXEMPTIONS. Section 3703a(b) of title 46, United States Code, is amended by-- (1) striking ``or'' at the end of paragraph (2); (2) striking the period at the end of paragraph (3) and inserting a semicolon; and (3) adding at the end the following new paragraphs: ``(4) a vessel equipped with a double hull before August 12, 1992; ``(5) a barge of less than 2,000 gross tons that is primarily used to carry deck cargo and bulk fuel to Native villages (as that term is defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1601)) located on or adjacent to bays or rivers above 58 degrees north latitude; or ``(6) a vessel in the National Defense Reserve Fleet pursuant to section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744).''. SEC. 417. OIL SPILL RESPONSE VESSELS. (a) Definition.--Section 2101 of title 46, United States Code, is amended-- (1) by redesignating paragraph (20a) as paragraph (20b); and (2) by inserting after paragraph (20) the following new paragraph: ``(20a) `oil spill response vessel' means a vessel that is designated in its certificate of inspection as such a vessel, or that is adapted to respond to a discharge of oil or a hazardous material.''. (b) Exemption From Liquid Bulk Carriage Requirements.-- Section 3702 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(f) This chapter does not apply to an oil spill response vessel if-- ``(1) the vessel is used only in response-related activities; or ``(2) the vessel is-- ``(A) not more than 500 gross tons; ``(B) designated in its certificate of inspection as an oil spill response vessel; and ``(C) engaged in response-related activities.''. (c) Manning.--Section 8104(p) of title 46, United States Code, is amended to read as follows: ``(p) The Secretary may prescribe the watchstanding requirements for an oil spill response vessel.''. (d) Minimum Number of Licensed Individuals.--Section 8301(e) of title 46, United States Code, is amended to read as follows: ``(e) The Secretary may prescribe the minimum number of licensed individuals for an oil spill response vessel.''. (e) Merchant Mariner Document Requirements.--Section 8701(a) of title 46, United States Code, is amended by striking ``and'' after the semicolon at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``; and'', and by adding at the end the following new paragraph: ``(9) the Secretary may prescribe the individuals required to hold a merchant mariner's document serving onboard an oil spill response vessel.''. (f) Exemption From Towing Vessel Requirement.--Section 8905 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(c) Section 8904 of this title does not apply to an oil spill response vessel while engaged in oil spill response or training activities.''. (g) Inspection Requirement.--Section 3301 of title 46, United States Code, is amended by adding at the end the following new paragraph: ``(14) oil spill response vessels.''. SEC. 418. OFFSHORE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS. (a) Definition of Responsible Party.--Section 1001(32)(C) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(32)(C)) is amended by striking ``applicable State law or'' and inserting ``applicable State law relating to exploring for, producing, or transporting oil on submerged lands on the Outer Continental Shelf in accordance with a license or permit issued for such purpose, or under''. [[Page S7696]] (b) Amount of Financial Responsibility.--Section 1016(c)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2716(c)(1)) is amended to read as follows: ``(1) In general.-- ``(A) Evidence of financial responsibility required.-- Except as provided in paragraph (2), each responsible party with respect to an offshore facility described in section 1001(32)(C) located seaward of the line of ordinary low water along that portion of the coast that is in direct contact with the open sea and the line marking the seaward limit of inland waters that is-- ``(i) used for exploring for, producing, or transporting oil; and ``(ii) has the capacity to transport, store, transfer, or otherwise handle more than 1,000 barrels of oil at any one time, shall establish and maintain evidence of financial responsibility in the amount required under subparagraph (B) or (C), applicable. ``(B) Amount required generally.--Except as provided in subparagraph (C), for purposes of subparagraph (A) the amount of financial responsibility required is $35,000,000. ``(C) Greater amount.--If the President determines that an amount of financial responsibility greater than the amount required by subparagraph (B) is necessary for an offshore facility, based on an assessment of the risk posed by the facility that includes consideration of the relative operational, environmental, human health, and other risks posed by the quantity or quality of oil that is transported, stored, transferred, or otherwise handled by the facility, the amount of financial responsibility required shall not exceed $150,000,000 determined by the President on the basis of clear and convincing evidence that the risks posed justify the greater amount. ``(D) Multiple facilities.--In a case in which a person is responsible for more than one facility subject to this subsection, evidence of financial responsibility need be established only to meet the amount applicable to the facility having the greatest financial responsibility requirement under this subsection. ``(E) Guarantee method.--Except with respect of financial responsibility established by the guarantee method, subsection (f) shall not apply with respect to this subsection.''. SEC. 419. MANNING AND WATCH REQUIREMENTS ON TOWING VESSELS ON THE GREAT LAKES. (a) Section 8104(c) of title 46, United States Code, is amended-- (1) by striking ``or permitted''; and (2) by inserting after ``day'' the following: ``or permitted to work more than 15 hours in any 24-hour period, or more than 36 hours in any 72-hour period''. (b) Section 8104(e) of title 46, United States Code, is amended by striking ``subsections (c) and (d)'' and inserting ``subsection (d)''. (c) Section 8104(g) of title 46, United States Code, is amended by striking ``(except a vessel to which subsection (c) of this section applies)''. SEC. 420. LIMITATION ON APPLICATION OF CERTAIN LAWS TO LAKE TEXOMA. (a) Limitation.--The laws administered by the Coast Guard relating to documentation or inspection of vessels or licensing or documentation of vessel operators do not apply to any small passenger vessel operating on Lake Texoma. (b) Definitions.--In this section: (1) The term ``Lake Texoma'' means the impoundment by that name on the Red River, located on the border between Oklahoma and Texas. (2) The term ``small passenger vessel'' has the meaning given that term in section 2101 of title 46, United States Code. SEC. 421. LIMITATION ON CONSOLIDATION OR RELOCATION OF HOUSTON AND GALVESTON MARINE SAFETY OFFICES. The Secretary of Transportation may not consolidate or relocate the Coast Guard Marine Safety Offices in Galveston, Texas, and Houston, Texas. SEC. 422. SENSE OF THE CONGRESS REGARDING FUNDING FOR COAST GUARD. It is the sense of the Congress that in appropriating amounts for the Coast Guard, the Congress should appropriate amounts adequate to enable the Coast Guard to carry out all extraordinary functions and duties the Coast Guard is required to undertake in addition to its normal functions established by law. SEC. 423. CONVEYANCE OF LIGHT STATION, MONTAUK POINT, NEW YORK. (a) Conveyance Requirement.-- (1) Requirement.--The Secretary of Transportation shall convey to the Montauk Historical Association in Montauk, New York, by an appropriate means of conveyance, all right, title, and interest of the United States in and to property comprising Light Station Montauk Point, located at Montauk, New York. (2) Determination of property.--The Secretary may identify, describe, and determine the property to be conveyed pursuant to this section. (b) Terms of Conveyance.-- (1) In general.--A conveyance of property pursuant to this section shall be made-- (A) without the payment of consideration; and (B) subject to the conditions required by paragraphs (3) and (4) and such other terms and conditions as the Secretary may consider appropriate. (2) Reversionary interest.--Any conveyance of property pursuant to this section shall be subject to the condition that all right, title, and interest in the Montauk Light Station shall immediately revert to the United States if the Montauk Light Station ceases to be maintained as a nonprofit center for public benefit for the interpretation and preservation of the material culture of the United States Coast Guard, the maritime history of Montauk, New York, and Native American and colonial history. (3) Maintenance of navigation and functions.--Any conveyance of property pursuant to this section shall be subject to such conditions as the Secretary considers to be necessary to assure that-- (A) the light, antennas, sound signal, and associated lighthouse equipment located on the property conveyed, which are active aids to navigation, shall continue to be operated and maintained by the United States for as long as they are needed for this purpose; (B) the Montauk Historical Association may not interfere or allow interference in any manner with such aids to navigation without express written permission from the United States; (C) there is reserved to the United States the right to replace, or add any aids to navigation, or make any changes to the Montauk Lighthouse as may be necessary for navigation purposes; (D) the United States shall have the right, at any time, to enter the property conveyed without notice for the purpose of maintaining navigation aids; (E) the United States shall have an easement of access to such property for the purpose of maintaining the navigational aids in use on the property; and (F) the Montauk Light Station shall revert to the United States at the end of the 30-day period beginning on any date on which the Secretary of Transportation provides written notice to the Montauk Historical Association that the Montauk Light Station is needed for national security purposes. (4) Maintenance of light station.--Any conveyance of property under this section shall be subject to the condition that the Montauk Historical Association shall maintain the Montauk Light Station in accordance with the provisions of the National Historic Preservation Act (16 U.S.C. 470 et seq.) and other applicable laws. (5) Limitation on obligations of montauk historical association.--The Montauk Historical Association shall not have any obligation to maintain any active aid to navigation equipment on property conveyed pursuant to this section. (c) Definitions.--For purposes of this section-- (1) the term ``Montauk Light Station'' means the Coast Guard light station known as the Light Station Montauk Point, located at Montauk, New York, including the keeper's dwellings, adjacent Coast Guard rights-of-way, the World War II submarine spotting tower, the lighthouse tower, and the paint locker; and (2) the term ``Montauk Lighthouse'' means the Coast Guard lighthouse located at the Montauk Light Station. SEC. 424. CONVEYANCE OF CAPE ANN LIGHTHOUSE, THACHERS ISLAND, MASSACHUSETTS. (a) Authority To Convey.-- (1) In general.--The Secretary of Transportation shall convey to the town of Rockport, Massachusetts, by an appropriate means of conveyance, all right, title, and interest of the United States in and to the property comprising the Cape Ann Lighthouse, located on Thachers Island, Massachusetts. (2) Identification of property.--The Secretary may identify, describe, and determine the property to be conveyed purs

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All articles in Senate section

COAST GUARD AUTHORIZATION ACT FOR FISCAL YEAR 1996
(Senate - July 11, 1996)

Text of this article available as: TXT PDF [Pages S7691-S7743] COAST GUARD AUTHORIZATION ACT FOR FISCAL YEAR 1996 Mr. STEVENS. Mr. President, I ask that the Chair lay before the Senate a message from the House of Representatives on S. 1004, a bill to authorize appropriations for the U.S. Coast Guard, and for other purposes. The PRESIDING OFFICER laid before the Senate the following message from the House of Representatives: Resolved, That the bill from the Senate (S. 1004) entitled ``An Act to authorize appropriations for the United States 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 Authorization Act For Fiscal Year 1996''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--AUTHORIZATIONS Sec. 101. Authorization of appropriations. Sec. 102. Authorized levels of military strength and training. Sec. 103. Quarterly reports on drug interdiction. Sec. 104. Ensuring maritime safety after closure of small boat station or reduction to seasonal status. TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT Sec. 201. Hurricane Andrew relief. Sec. 202. Exclude certain reserves from end-of-year strength. Sec. 203. Provision of child development services. Sec. 204. Access to national driver register information on certain Coast Guard personnel. Sec. 205. Officer retention until retirement eligible. TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT Sec. 301. Foreign passenger vessel user fees. Sec. 302. Florida Avenue Bridge. Sec. 303. Renewal of Houston-Galveston Navigation Safety Advisory Committee and Lower Mississippi River Waterway Advisory Committee. Sec. 304. Renewal of the Navigation Safety Advisory Council. Sec. 305. Renewal of Commercial Fishing Industry Vessel Advisory Committee. Sec. 306. Nondisclosure of port security plans. Sec. 307. Maritime drug and alcohol testing program civil penalty. Sec. 308. Withholding vessel clearance for violation of certain Acts. Sec. 309. Increased civil penalties. Sec. 310. Amendment to require emergency position indicating radio beacons on the Great Lakes. Sec. 311. Extension of Towing Safety Advisory Committee. TITLE IV--MISCELLANEOUS Sec. 401. Transfer of Coast Guard property in Traverse City, Michigan. Sec. 402. Transfer of Coast Guard property in Ketchikan, Alaska. Sec. 403. Electronic filing of commercial instruments. Sec. 404. Board for correction of military records deadline. Sec. 405. Judicial sale of certain documented vessels to aliens. Sec. 406. Improved authority to sell recyclable material. Sec. 407. Recruitment of women and minorities. Sec. 408. Limitation of certain State authority over vessels. Sec. 409. Vessel financing. Sec. 410. Sense of Congress; requirement regarding notice. Sec. 411. Special selection boards. Sec. 412. Availability of extrajudicial remedies for default on preferred mortgage liens on vessels. Sec. 413. Implementation of water pollution laws with respect to vegetable oil. Sec. 414. Certain information from marine casualty investigations barred in legal proceedings. Sec. 415. Report on LORAN-C requirements. Sec. 416. Limited double hull exemptions. Sec. 417. Oil spill response vessels. Sec. 418. Offshore facility financial responsibility requirements. Sec. 419. Manning and watch requirements on towing vessels on the Great Lakes. Sec. 420. Limitation on application of certain laws to Lake Texoma. Sec. 421. Limitation on consolidation or relocation of Houston and Galveston marine safety offices. Sec. 422. Sense of the Congress regarding funding for Coast Guard. Sec. 423. Conveyance of Light Station, Montauk Point, New York. Sec. 424. Conveyance of Cape Ann Lighthouse, Thachers Island, Massachusetts. Sec. 425. Amendments to Johnson Act. Sec. 426. Transfer of Coast Guard property in Gosnold, Massachusetts. Sec. 427. Transfer of Coast Guard property in New Shoreham, Rhode Island. Sec. 428. Vessel deemed to be a recreational vessel. Sec. 429. Requirement for procurement of buoy chain. Sec. 430. Cruise vessel tort reform. Sec. 431. Limitation on fees and charges with respect to ferries. TITLE V--COAST GUARD REGULATORY REFORM Sec. 501. Short title. Sec. 502. Safety management. Sec. 503. Use of reports, documents, records, and examinations of other persons. Sec. 504. Equipment approval. Sec. 505. Frequency of inspection. Sec. 506. Certificate of inspection. Sec. 507. Delegation of authority of Secretary to classification societies. TITLE VI--DOCUMENTATION OF VESSELS Sec. 601. Authority to issue coastwise endorsements. Sec. 602. Vessel documentation for charity cruises. Sec. 603. Extension of deadline for conversion of vessel M/V TWIN DRILL. Sec. 604. Documentation of vessel RAINBOW'S END. Sec. 605. Documentation of vessel GLEAM. Sec. 606. Documentation of various vessels. Sec. 607. Documentation of 4 barges. Sec. 608. Limited waiver for ENCHANTED ISLE and ENCHANTED SEAS. Sec. 609. Limited waiver for MV PLATTE. TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS Sec. 701. Amendment of inland navigation rules. Sec. 702. Measurement of vessels. Sec. 703. Longshore and harbor workers compensation. Sec. 704. Radiotelephone requirements. Sec. 705. Vessel operating requirements. Sec. 706. Merchant Marine Act, 1920. Sec. 707. Merchant Marine Act, 1956. Sec. 708. Maritime education and training. Sec. 709. General definitions. Sec. 710. Authority to exempt certain vessels. Sec. 711. Inspection of vessels. Sec. 712. Regulations. Sec. 713. Penalties--inspection of vessels. Sec. 714. Application--tank vessels. Sec. 715. Tank vessel construction standards. Sec. 716. Tanker minimum standards. Sec. 717. Self-propelled tank vessel minimum standards. Sec. 718. Definition--abandonment of barges. Sec. 719. Application--load lines. Sec. 720. Licensing of individuals. Sec. 721. Able seamen--limited. Sec. 722. Able seamen--offshore supply vessels. Sec. 723. Scale of employment--able seamen. [[Page S7692]] Sec. 724. General requirements--engine department. Sec. 725. Complement of inspected vessels. Sec. 726. Watchmen. Sec. 727. Citizenship and naval reserve requirements. Sec. 728. Watches. Sec. 729. Minimum number of licensed individuals. Sec. 730. Officers' competency certificates convention. Sec. 731. Merchant mariners' documents required. Sec. 732. Certain crew requirements. Sec. 733. Freight vessels. Sec. 734. Exemptions. Sec. 735. United States registered pilot service. Sec. 736. Definitions--merchant seamen protection. Sec. 737. Application--foreign and intercoastal voyages. Sec. 738. Application--coastwise voyages. Sec. 739. Fishing agreements. Sec. 740. Accommodations for seamen. Sec. 741. Medicine chests. Sec. 742. Logbook and entry requirements. Sec. 743. Coastwise endorsements. Sec. 744. Fishery endorsements. Sec. 745. Clerical amendment. Sec. 746. Repeal of Great Lakes endorsements. Sec. 747. Convention tonnage for licenses, certificates, and documents. TITLE VIII--COAST GUARD AUXILIARY AMENDMENTS Sec. 801. Administration of the Coast Guard Auxiliary. Sec. 802. Purpose of the Coast Guard Auxiliary. Sec. 803. Members of the Auxiliary; status. Sec. 804. Assignment and performance of duties. Sec. 805. Cooperation with other agencies, States, territories, and political subdivisions. Sec. 806. Vessel deemed public vessel. Sec. 807. Aircraft deemed public aircraft. Sec. 808. Disposal of certain material. TITLE I--AUTHORIZATIONS SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Funds are authorized to be appropriated for necessary expenses of the Coast Guard for fiscal year 1996, as follows: (1) For the operation and maintenance of the Coast Guard, $2,618,316,000, 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 offshore facilities, vessels, and aircraft, including equipment related thereto, $428,200,000, to remain available until expended, of which $32,500,000 shall be derived 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 evaluation of technologies, materials, and human factors directly relating to improving the performance of the Coast Guard's mission in support of search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, $22,500,000, to remain available until expended, of which $3,150,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990. (4) For retired pay (including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose), payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $582,022,000. (5) For alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated with the Bridge Alteration Program, $16,200,000, to remain available until expended. (6) For necessary expenses to carry out the Coast Guard's environmental compliance and restoration functions, other than parts and equipment associated with operations and maintenance, under chapter 19 of title 14, United States Code, at Coast Guard facilities, $25,000,000, to remain available until expended. SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING. (a) Active Duty Strength.--The Coast Guard is authorized an end-of-year strength for active duty personnel of 38,400 as of September 30, 1996. (b) Military Training Student Loads.--For fiscal year 1996, the Coast Guard is authorized average military training student loads as follows: (1) For recruit and special training, 1604 student years. (2) For flight training, 85 student years. (3) For professional training in military and civilian institutions, 330 student years. (4) For officer acquisition, 874 student years. SEC. 103. QUARTERLY REPORTS ON DRUG INTERDICTION. Not later than 30 days after the end of each fiscal year quarter, the Secretary of Transportation shall 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 on all expenditures related to drug interdiction activities of the Coast Guard during that quarter. SEC. 104. ENSURING MARITIME SAFETY AFTER CLOSURE OF SMALL BOAT STATION OR REDUCTION TO SEASONAL STATUS. (a) Maritime Safety Determination.--None of the funds authorized to be appropriated under this Act may be used to close Coast Guard multimission small boat stations unless the Secretary of Transportation determines that maritime safety will not be diminished by the closures. (b) Transition Plan Required.--None of the funds appropriated under the authority of this Act may be used to close or reduce to seasonal status a small boat station, unless the Secretary of Transportation, in cooperation with the community affected by the closure or reduction, has developed and implemented a transition plan to ensure that the maritime safety needs of the community will continue to be met. TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT SEC. 201. HURRICANE ANDREW RELIEF. Section 2856 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484) applies to the military personnel of the Coast Guard who were assigned to, or employed at or in connection with, any Federal facility or installation in the vicinity of Homestead Air Force Base, Florida, including the areas of Broward, Collier, Dade, and Monroe Counties, on or before August 24, 1992, except that-- (1) funds available to the Coast Guard, not to exceed a total of $25,000, shall be used; and (2) the Secretary of Transportation shall administer that section with respect to Coast Guard personnel. SEC. 202. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH. Section 712 of title 14, United States Code, is amended by adding at the end the following: ``(d) Reserve members ordered to active duty under this section shall not be counted in computing authorized strength of members on active duty or members in grade under this title or under any other law.''. SEC. 203. PROVISION OF CHILD DEVELOPMENT SERVICES. Section 93 of title 14, United States Code, is amended by striking ``and'' after the semicolon at the end of paragraph (t)(2), by striking the period at the end of paragraph (u) and inserting ``; and'', and by adding at the end the following new paragraph: ``(v) make child development services available to members of the armed forces and Federal civilian employees under terms and conditions comparable to those under the Military Child Care Act of 1989 (10 U.S.C. 113 note).''. SEC. 204. ACCESS TO NATIONAL DRIVER REGISTER INFORMATION ON CERTAIN COAST GUARD PERSONNEL. (a) Amendment to Title 14.--Section 93 of title 14, United States Code, as amended by section 203, is further amended-- (1) by striking ``and'' after the semicolon at the end of paragraph (u); (2) by striking the period at the end of paragraph (v) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(w) require that any officer, chief warrant officer, or enlisted member of the Coast Guard or Coast Guard Reserve (including a cadet or an applicant for appointment or enlistment to any of the foregoing and any member of a uniformed service who is assigned to the Coast Guard) request that all information contained in the National Driver Register pertaining to the individual, as described in section 30304(a) of title 49, be made available to the Commandant under section 30305(a) of title 49, may receive that information, and upon receipt, shall make the information available to the individual.''. (b) Amendment to Title 49.--Section 30305(b) of title 49, United States Code, is amended by redesignating paragraph (7) as paragraph (8) and inserting after paragraph (6) the following new paragraph: ``(7) An individual who is an officer, chief warrant officer, or enlisted member of the Coast Guard or Coast Guard Reserve (including a cadet or an applicant for appointment or enlistment of any of the foregoing and any member of a uniformed service who is assigned to the Coast Guard) may request the chief driver licensing official of a State to provide information about the individual under subsection (a) of this section to the Commandant of the Coast Guard. The Commandant may receive the information and shall make the information available to the individual. Information may not be obtained from the Register under this paragraph if the information was entered in the Register more than 3 years before the request, unless the information is about a revocation or suspension still in effect on the date of the request.''. SEC. 205. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE. Section 283(b) of title 14, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; (2) by striking the last sentence; and (3) by adding at the end the following: ``(2) Upon the completion of a term under paragraph (1), an officer shall, unless selected for further continuation-- ``(A) except as provided in subparagraph (B), be honorably discharged with severance pay computed under section 286 of this title; ``(B) in the case of an officer who has completed at least 18 years of active service on the date of discharge under subparagraph (A), be retained on active duty and retired on the last day of the month in which the officer completes 20 years of active service, unless earlier removed under another provision of law; or ``(C) if, on the date specified for the officer's discharge in this section, the officer has completed at least 20 years of active service or is eligible for retirement under any law, be retired on that date.''. TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT SEC. 301. FOREIGN PASSENGER VESSEL USER FEES. Section 3303 of title 46, United States Code, is amended-- [[Page S7693]] (1) in subsection (a) by striking ``(a) Except as'' and inserting ``Except as''; and (2) by striking subsection (b). SEC. 302. FLORIDA AVENUE BRIDGE. For purposes of the alteration of the Florida Avenue Bridge (located approximately 1.63 miles east of the Mississippi River on the Gulf Intracoastal Waterway in Orleans Parish, Louisiana) ordered by the Secretary of Transportation under the Act of June 21, 1940 (33 U.S.C. 511 et seq.; popularly known as the Truman-Hobbs Act), the Secretary of Transportation shall treat the drainage siphon that is adjacent to the bridge as an appurtenance of the bridge, including with respect to apportionment and payment of costs for the removal of the drainage siphon in accordance with that Act. SEC. 303. RENEWAL OF HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE AND LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE. The Coast Guard Authorization Act of 1991 (Public Law 102- 241, 105 Stat. 2208-2235) is amended-- (1) in section 18 by adding at the end the following: ``(h) The Committee shall terminate on October 1, 2000.''; and (2) in section 19 by adding at the end the following: ``(g) The Committee shall terminate on October 1, 2000.''. SEC. 304. RENEWAL OF THE NAVIGATION SAFETY ADVISORY COUNCIL. (a) Renewal.--Section 5(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended by striking ``September 30, 1995'' and inserting ``September 30, 2000''. (b) Clerical Amendment.--The section heading for section 5(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended by striking ``Rules of the Road Advisory Council'' and inserting ``Navigation Safety Advisory Council''. SEC. 305. RENEWAL OF COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMITTEE. Subsection (e)(1) of section 4508 of title 46, United States Code, is amended by striking ``September 30, 1994'' and inserting ``October 1, 2000''. SEC. 306. NONDISCLOSURE OF PORT SECURITY PLANS. Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), is amended by adding at the end the following new subsection (c): ``(c) Nondisclosure of Port Security Plans.-- Notwithstanding any other provision of law, information related to security plans, procedures, or programs for passenger vessels or passenger terminals authorized under this Act is not required to be disclosed to the public.''. SEC. 307. MARITIME DRUG AND ALCOHOL TESTING PROGRAM CIVIL PENALTY. (a) Penalty Imposed.--Chapter 21 of title 46, United States Code, is amended by adding at the end the following new section: ``Sec. 2115. Civil penalty to enforce alcohol and dangerous drug testing ``Any person who fails to comply with or otherwise violates the requirements prescribed by the Secretary under this subtitle for chemical testing for dangerous drugs or for evidence of alcohol use is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. Each day of a continuing violation shall constitute a separate violation.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 21 of title 46, United States Code, is amended by inserting after the item relating to section 2114 the following new item: ``2115. Civil penalty to enforce alcohol and dangerous drug testing.''. SEC. 308. WITHHOLDING VESSEL CLEARANCE FOR VIOLATION OF CERTAIN ACTS. (a) Title 49, United States Code.--Section 5122 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(c) Withholding of Clearance.--(1) If any owner, operator, or person in charge of a vessel is liable for a civil penalty under section 5123 of this title or for a fine under section 5124 of this title, or if reasonable cause exists to believe that such owner, operator, or person in charge may be subject to such a civil penalty or fine, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91). ``(2) Clearance refused or revoked under this subsection may be granted upon the filing of a bond or other surety satisfactory to the Secretary.''. (b) Port and Waterways Safety Act.--Section 13(f) of the Ports and Waterways Safety Act (33 U.S.C. 1232(f)) is amended to read as follows: ``(f) Withholding of Clearance.--(1) If any owner, operator, or person in charge of a vessel is liable for a penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or person in charge may be subject to a penalty or fine under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91). ``(2) Clearance refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.''. (c) Inland Navigation Rules Act of 1980.--Section 4(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2072(d)) is amended to read as follows: ``(d) Withholding of Clearance.--(1) If any owner, operator, or person in charge of a vessel is liable for a penalty under this section, or if reasonable cause exists to believe that the owner, operator, or person in charge may be subject to a penalty under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91). ``(2) Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.''. (d) Title 46, United States Code.--Section 3718(e) of title 46, United States Code, is amended to read as follows: ``(e)(1) If any owner, operator, or person in charge of a vessel is liable for any penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or person in charge may be subject to any penalty or fine under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91). ``(2) Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.''. SEC. 309. INCREASED CIVIL PENALTIES. (a) Penalty for Failure To Report a Casualty.--Section 6103(a) of title 46, United States Code, is amended by striking ``$1,000'' and inserting ``not more than $25,000''. (b) Operation of Uninspected Vessel in Violation of Manning Requirements.--Section 8906 of title 46, United States Code, is amended by striking ``$1,000'' and inserting ``not more than $25,000''. SEC. 310. AMENDMENT TO REQUIRE EMERGENCY POSITION INDICATING RADIO BEACONS ON THE GREAT LAKES. Paragraph (7) of section 4502(a) of title 46, United States Code, is amended by inserting ``or beyond three nautical miles from the coastline of the Great Lakes'' after ``high seas''. SEC. 311. EXTENSION OF TOWING SAFETY ADVISORY COMMITTEE. Subsection (e) of the Act to establish a Towing Safety Advisory Committee in the Department of Transportation (33 U.S.C. 1231a(e)), is amended by striking ``September 30, 1995'' and inserting ``October 1, 2000''. TITLE IV--MISCELLANEOUS SEC. 401. TRANSFER OF COAST GUARD PROPERTY IN TRAVERSE CITY, MICHIGAN. (a) Requirement.--The Secretary of Transportation (or any other official having control over the property described in subsection (b)) shall expeditiously convey to the Traverse City Area Public School District in Traverse City, Michigan, without consideration, all right, title, and interest of the United States in and to the property described in subsection (b), subject to all easements and other interests in the property held by any other person. (b) Property Described.--The property referred to in subsection (a) is real property located in the city of Traverse City, Grand Traverse County, Michigan, and consisting of that part of the southeast \1/4\ of Section 12, Township 27 North, Range 11 West, described as: Commencing at the southeast \1/4\ corner of said Section 12, thence north 03 degrees 05 minutes 25 seconds east along the East line of said Section, 1074.04 feet, thence north 86 degrees 36 minutes 50 seconds west 207.66 feet, thence north 03 degrees 06 minutes 00 seconds east 572.83 feet to the point of beginning, thence north 86 degrees 54 minutes 00 seconds west 1,751.04 feet, thence north 03 degrees 02 minutes 38 seconds east 330.09 feet, thence north 24 degrees 04 minutes 40 seconds east 439.86 feet, thence south 86 degrees 56 minutes 15 seconds east 116.62 feet, thence north 03 degrees 08 minutes 45 seconds east 200.00 feet, thence south 87 degrees 08 minutes 20 seconds east 68.52 feet, to the southerly right-of-way of the C & O Railroad, thence south 65 degrees 54 minutes 20 seconds east along said right-of-way 1508.75 feet, thence south 03 degrees 06 minutes 00 seconds west 400.61 to the point of beginning, consisting of 27.10 acres of land, and all improvements located on that property including buildings, structures, and equipment. (c) Reversionary Interest.--In addition to any term or condition established pursuant to subsection (a), any conveyance of property described in subsection (b) shall be subject to the condition that all right, title, and interest in and to the property so conveyed shall immediately revert to the United States if the property, or any part thereof, ceases to be used by the Traverse City School District. SEC. 402. TRANSFER OF COAST GUARD PROPERTY IN KETCHIKAN, ALASKA. (a) Conveyance Requirement.--The Secretary of Transportation shall convey to the Ketchikan Indian Corporation in Ketchikan, Alaska, without reimbursement and by no later than 120 days after the date of enactment of this Act, all right, title, and interest of the United States in and to the property known as the ``Former Marine Safety Detachment'' as identified in Report of Excess Number CG-689 (GSA Control Number 9-U-AK-0747) and described in subsection (b), for use by the Ketchikan Indian Corporation as a health or social services facility. (b) Property Described.--The property referred to in subsection (a) is real property located in the city of Ketchikan, Township 75 south, range 90 east, Copper River Meridian, First Judicial District, State of Alaska, and commencing at corner numbered 10, United States [[Page S7694]] Survey numbered 1079, the true point of beginning for this description: Thence north 24 degrees 04 minutes east, along the 10-11 line of said survey a distance of 89.76 feet to corner numbered 1 of lot 5B; thence south 65 degrees 56 minutes east a distance of 345.18 feet to corner numbered 2 of lot 5B; thence south 24 degrees 04 minutes west a distance of 101.64 feet to corner numbered 3 of lot 5B; thence north 64 degrees 01 minute west a distance of 346.47 feet to corner numbered 10 of said survey, to the true point of beginning, consisting of 0.76 acres (more or less), and all improvements located on that property, including buildings, structures, and equipment. (c) Reversionary Interest.--In addition to any term or condition established pursuant to subsection (a), any conveyance of property described in subsection (b) shall be subject to the condition that all right, title, and interest in and to the property so conveyed shall immediately revert to the United States if the property, or any part thereof, ceases to be used by the Ketchikan Indian Corporation as a health or social services facility. SEC. 403. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS. Section 31321(a) of title 46, United States Code, is amended by adding at the end the following new paragraph: ``(4)(A) A bill of sale, conveyance, mortgage, assignment, or related instrument may be filed electronically under regulations prescribed by the Secretary. ``(B) A filing made electronically under subparagraph (A) shall not be effective after the 10-day period beginning on the date of the filing unless the original instrument is provided to the Secretary within that 10-day period.''. SEC. 404. BOARD FOR CORRECTION OF MILITARY RECORDS DEADLINE. (a) Remedies Deemed Exhausted.--Ten months after a complete application for correction of military records is received by the Board for Correction of Military Records of the Coast Guard, administrative remedies are deemed to have been exhausted, and-- (1) if the Board has rendered a recommended decision, its recommendation shall be final agency action and not subject to further review or approval within the Department of Transportation; or (2) if the Board has not rendered a recommended decision, agency action is deemed to have been unreasonably delayed or withheld and the applicant is entitled to-- (A) an order under section 706(1) of title 5, United States Code, directing final action be taken within 30 days from the date the order is entered; and (B) from amounts appropriated to the Department of Transportation, the costs of obtaining the order, including a reasonable attorney's fee. (b) Existing Deadline Mandatory.--The 10-month deadline established in section 212 of the Coast Guard Authorization Act of 1989 (Public Law 101-225, 103 Stat. 1914) is mandatory. (c) Application.--This section applies to all applications filed with or pending before the Board or the Secretary of Transportation on or after June 12, 1990. For applications that were pending on June 12, 1990, the 10-month deadline referred to in subsection (b) shall be calculated from June 12, 1990. SEC. 405. JUDICIAL SALE OF CERTAIN DOCUMENTED VESSELS TO ALIENS. Section 31329 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(f) This section does not apply to a documented vessel that has been operated only-- ``(1) as a fishing vessel, fish processing vessel, or fish tender vessel; or ``(2) for pleasure.''. SEC. 406. IMPROVED AUTHORITY TO SELL RECYCLABLE MATERIAL. Section 641(c)(2) of title 14, United States Code, is amended by inserting before the period the following: ``, except that the Commandant may conduct sales of materials for which the proceeds of sale will not exceed $5,000 under regulations prescribed by the Commandant''. SEC. 407. RECRUITMENT OF WOMEN AND MINORITIES. Not later than January 31, 1996, the Commandant of the Coast Guard shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, on the status of and the problems in recruitment of women and minorities into the Coast Guard. The report shall contain specific plans to increase the recruitment of women and minorities and legislative recommendations needed to increase the recruitment of women and minorities. SEC. 408. LIMITATION OF CERTAIN STATE AUTHORITY OVER VESSELS. (a) Short Title.--This section may be cited as the ``California Cruise Industry Revitalization Act''. (b) Limitation.--Section 5(b)(2) of the Act of January 2, 1951 (15 U.S.C. 1175(b)(2)), commonly referred to as the ``Johnson Act'', is amended by adding at the end the following: ``(C) Exclusion of certain voyages and segments.--Except for a voyage or segment of a voyage that occurs within the boundaries of the State of Hawaii, a voyage or segment of a voyage is not described in subparagraph (B) if it includes or consists of a segment-- ``(i) that begins and ends in the same State; ``(ii) that is part of a voyage to another State or to a foreign country; and ``(iii) in which the vessel reaches the other State or foreign country within 3 days after leaving the State in which it begins.''. SEC. 409. VESSEL FINANCING. (a) Documentation Citizen Eligible Mortgagee.--Section 31322(a)(1)(D) of title 46, United States Code, is amended-- (1) by striking ``or'' at the end of 31322(a)(1)(D)(v) and inserting ``or'' at the end of 31322(a)(1)(D)(vi); and (2) by adding at the end a new subparagraph as follows: ``(vii) a person eligible to own a documented vessel under chapter 121 of this title.''. (b) Amendment to Trustee Restrictions.--Section 31328(a) of title 46, United States Code, is amended-- (1) by striking ``or'' at the end of 31328(a)(3) and inserting ``or'' at the end of 31328(a)(4); and (2) by adding at the end a new subparagraph as follows: ``(5) is a person eligible to own a documented vessel under chapter 121 of this title.''. (c) Lease Financing.--Section 12106 of title 46, United States Code, is amended by adding at the end the following new subsections: ``(e)(1) A certificate of documentation for a vessel may be endorsed with a coastwise endorsement if-- ``(A) the vessel is eligible for documentation under section 12102; ``(B) the person that owns the vessel, a parent entity of that person, or a subsidiary of a parent entity of that person, is engaged in lease financing; ``(C) the vessel is under a demise charter to a person qualifying as a citizen of the United States for engaging in the coastwise trade under section 2 of the Shipping Act, 1916; ``(D) the demise charter is for-- ``(i) a period of at least 3 years; or ``(ii) a shorter period as may be prescribed by the Secretary; and ``(E) the vessel is otherwise qualified under this section to be employed in the coastwise trade. ``(2) Upon default by a bareboat charterer of a demise charter required under paragraph (1)(D), the coastwise endorsement of the vessel may, in the sole discretion of the Secretary, be continued after the termination for default of the demise charter for a period not to exceed 6 months on terms and conditions as the Secretary may prescribe. ``(3) For purposes of section 2 of the Shipping Act, 1916, and section 12102(a) of this title, a vessel meeting the criteria of subsection is deemed to be owned exclusively by citizens of the United States.''. (d) Conforming Amendment.--Section 9(c) of the Shipping Act, 1916, as amended (46 App. U.S.C. 808(c)) is amended by inserting ``12106(e),'' after the word ``sections'' and before 31322(a)(1)(D). SEC. 410. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE. (a) Purchase of American-Made Equipment and Products.--It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Act should be American-made. (b) Notice to Recipients of Assistance.--In providing financial assistance under this Act, the official responsible for providing the assistance, to the greatest extent practicable, shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress. SEC. 411. SPECIAL SELECTION BOARDS. (a) Requirement.--Chapter 21 of title 14, United States Code, is amended by adding at the end the following new section: ``Sec. 747. Special selection boards ``(a) The Secretary shall provide for special selection boards to consider the case of any officer who is eligible for promotion who-- ``(1) was not considered for selection for promotion by a selection board because of administrative error; or ``(2) was considered for selection for promotion by a selection board but not selected because-- ``(A) the action of the board that considered the officer was contrary to law or involved a material error of fact or material administrative error; or ``(B) the board that considered the officer did not have before it for its consideration material information. ``(b) Not later than 6 months after the date of the enactment of the Coast Guard Authorization Act For Fiscal Year 1996, the Secretary shall issue regulations to implement this section. The regulations shall conform, as appropriate, to the regulations and procedures issued by the Secretary of Defense for special selection boards under section 628 of title 10, United States Code.''. (b) Clerical Amendment.--The table of sections for chapter 21 of title 14, United States Code, is amended by adding after the item for section 746 the following: ``747. Special selection boards.''. SEC. 412. AVAILABILITY OF EXTRAJUDICIAL REMEDIES FOR DEFAULT ON PREFERRED MORTGAGE LIENS ON VESSELS. (a) Availability of Extrajudicial Remedies.--Section 31325(b) of title 46, United States Code, is amended-- (1) in the matter preceding paragraph (1) by striking ``mortgage may'' and inserting ``mortgagee may''; (2) in paragraph (1) by-- (A) striking ``perferred'' and inserting ``preferred''; and (B) striking ``; and'' and inserting a semicolon; and (3) by adding at the end the following: ``(3) enforce the preferred mortgage lien or a claim for the outstanding indebtedness secured by the mortgaged vessel, or both, by exercising any other remedy (including an extrajudicial remedy) against a documented vessel, a vessel for which an application for documentation is filed under chapter 121 of this title, a foreign vessel, or a mortgagor, maker, comaker, or guarantor for the amount of the outstanding indebtedness or any deficiency in full payment of that indebtedness, if-- [[Page S7695]] ``(A) the remedy is allowed under applicable law; and ``(B) the exercise of the remedy will not result in a violation of section 9 or 37 of the Shipping Act, 1916 (46 App. U.S.C. 808, 835).''. (b) Notice.--Section 31325 of title 46, United States Code, is further amended by adding at the end the following: ``(f)(1) Before title to the documented vessel or vessel for which an application for documentation is filed under chapter 121 is transferred by an extrajudicial remedy, the person exercising the remedy shall give notice of the proposed transfer to the Secretary, to the mortgagee of any mortgage on the vessel filed in substantial compliance with section 31321 of this title before notice of the proposed transfer is given to the Secretary, and to any person that recorded a notice of a claim of an undischarged lien on the vessel under section 31343(a) or (d) of this title before notice of the proposed transfer is given to the Secretary. ``(2) Failure to give notice as required by this subsection shall not affect the transfer of title to a vessel. However, the rights of any holder of a maritime lien or a preferred mortgage on the vessel shall not be affected by a transfer of title by an extrajudicial remedy exercised under this section, regardless of whether notice is required by this subsection or given. ``(3) The Secretary shall prescribe regulations establishing the time and manner for providing notice under this subsection.''. (c) Rule of Construction.--The amendments made by subsections (a) and (b) may not be construed to imply that remedies other than judicial remedies were not available before the date of enactment of this section to enforce claims for outstanding indebtedness secured by mortgaged vessels. SEC. 413. IMPLEMENTATION OF WATER POLLUTION LAWS WITH RESPECT TO VEGETABLE OIL. (a) Differentiation Among Fats, Oils, and Greases.-- (1) In general.--In issuing or enforcing a regulation, an interpretation, or a guideline relating to a fat, oil, or grease under a Federal law related to water pollution control, the head of a Federal agency shall-- (A) differentiate between and establish separate classes for-- (i)(I) animal fats; and (II) vegetable oils; and (ii) other oils, including petroleum oil; and (B) apply different standards to different classes of fat and oil as provided in paragraph (2). (2) Considerations.--In differentiating between the classes of animal fats and vegetable oils referred to in paragraph (1)(A)(i) and the classes of oils described in paragraph (1)(A)(ii), the head of a Federal agency shall consider differences in physical, chemical, biological, and other properties, and in the environmental effects, of the classes. (b) Financial Responsibility.-- (1) Limits on liability.--Section 1004(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) is amended by striking ``for a tank vessel,'' and inserting ``for a tank vessel carrying oil in bulk as cargo or cargo residue (except a tank vessel on which the only oil carried is an animal fat or vegetable oil, as those terms are defined in section 413(c) of the Coast Guard Authorization Act for Fiscal Year 1996),''. (2) Financial responsibility.--The first sentence of section 1016(a) of the Act (33 U.S.C. 2716(a)) is amended by striking ``, in the case of a tank vessel, the responsible party could be subject under section 1004(a)(1) or (d) of this Act, or to which, in the case of any other vessel, the responsible party could be subjected under section 1004(a)(2) or (d)'' and inserting ``the responsible party could be subjected under section 1004(a) or (d) of this Act''. (c) Definitions.--In this section, the following definitions apply: (1) Animal fat.--The term ``animal fat'' means each type of animal fat, oil, or grease, including fat, oil, or grease from fish or a marine mammal and any fat, oil, or grease referred to in section 61(a)(2) of title 13, United States Code. (2) Vegetable oil.--The term ``vegetable oil'' means each type of vegetable oil, including vegetable oil from a seed, nut, or kernel and any vegetable oil referred to in section 61(a)(1) of title 13, United States Code. SEC. 414. CERTAIN INFORMATION FROM MARINE CASUALTY INVESTIGATIONS BARRED IN LEGAL PROCEEDINGS. (a) In General.--Title 46, United States Code, is amended by inserting after section 6307 the following new section: ``Sec. 6308. Information barred in legal proceedings ``(a) Notwithstanding any other provision of law, any opinion, recommendation, deliberation, or conclusion contained in a report of a marine casualty investigation conducted under section 6301 of this title with respect to the cause of, or factors contributing to, the casualty set forth in the report of the investigation is not admissible as evidence or subject to discovery in any civil, administrative, or State criminal proceeding arising from a marine casualty, other than with the permission and consent of the Secretary of Transportation, in his or her sole discretion. Any employee of the United States or military member of the Coast Guard investigating a marine casualty or assisting in any such investigation conducted pursuant to section 6301 of this title, shall not be subject to deposition or other discovery, or otherwise testify or give information in such proceedings relevant to a marine casualty investigation, without the permission and consent of the Secretary of Transportation in his or her sole discretion. In exercising this discretion in cases where the United States is a party, the Secretary shall not withhold permission for an employee to testify solely on factual matters where the information is not available elsewhere or is not obtainable by other means. Nothing in this section prohibits the United States from calling an employee as an expert witness to testify on its behalf. ``(b) The information referred to in subsection (a) of this section shall not be considered an admission of liability by the United States or by any person referred to in those conclusions or statements.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 63 of title 46, United States Code, is amended by adding after the item related to section 6307 the following: ``6308. Information barred in legal proceedings.''. SEC. 415. REPORT ON LORAN-C REQUIREMENTS. Not later than 6 months after the date of the enactment of this Act, the Secretary of Transportation shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science and Transportation of the Senate, prepared in consultation with users of the LORAN-C radionavigation system, defining the future use of and funding for operations, maintenance, and upgrades of the LORAN-C radionavigation system. The report shall address the following: (1) An appropriate timetable for transition from ground- based radionavigation technology after it is determined that satellite-based technology is available as a sole means of safe and efficient navigation. (2) The need to ensure that LORAN-C technology purchased by the public before the year 2000 has a useful economic life. (3) The benefits of fully utilizing the compatibilities of LORAN-C technology and satellite-based technology by all modes of transportation. (4) The need for all agencies in the Department of Transportation and other relevant Federal agencies to share the Federal Government's costs related to LORAN-C technology. SEC. 416. LIMITED DOUBLE HULL EXEMPTIONS. Section 3703a(b) of title 46, United States Code, is amended by-- (1) striking ``or'' at the end of paragraph (2); (2) striking the period at the end of paragraph (3) and inserting a semicolon; and (3) adding at the end the following new paragraphs: ``(4) a vessel equipped with a double hull before August 12, 1992; ``(5) a barge of less than 2,000 gross tons that is primarily used to carry deck cargo and bulk fuel to Native villages (as that term is defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1601)) located on or adjacent to bays or rivers above 58 degrees north latitude; or ``(6) a vessel in the National Defense Reserve Fleet pursuant to section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744).''. SEC. 417. OIL SPILL RESPONSE VESSELS. (a) Definition.--Section 2101 of title 46, United States Code, is amended-- (1) by redesignating paragraph (20a) as paragraph (20b); and (2) by inserting after paragraph (20) the following new paragraph: ``(20a) `oil spill response vessel' means a vessel that is designated in its certificate of inspection as such a vessel, or that is adapted to respond to a discharge of oil or a hazardous material.''. (b) Exemption From Liquid Bulk Carriage Requirements.-- Section 3702 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(f) This chapter does not apply to an oil spill response vessel if-- ``(1) the vessel is used only in response-related activities; or ``(2) the vessel is-- ``(A) not more than 500 gross tons; ``(B) designated in its certificate of inspection as an oil spill response vessel; and ``(C) engaged in response-related activities.''. (c) Manning.--Section 8104(p) of title 46, United States Code, is amended to read as follows: ``(p) The Secretary may prescribe the watchstanding requirements for an oil spill response vessel.''. (d) Minimum Number of Licensed Individuals.--Section 8301(e) of title 46, United States Code, is amended to read as follows: ``(e) The Secretary may prescribe the minimum number of licensed individuals for an oil spill response vessel.''. (e) Merchant Mariner Document Requirements.--Section 8701(a) of title 46, United States Code, is amended by striking ``and'' after the semicolon at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``; and'', and by adding at the end the following new paragraph: ``(9) the Secretary may prescribe the individuals required to hold a merchant mariner's document serving onboard an oil spill response vessel.''. (f) Exemption From Towing Vessel Requirement.--Section 8905 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(c) Section 8904 of this title does not apply to an oil spill response vessel while engaged in oil spill response or training activities.''. (g) Inspection Requirement.--Section 3301 of title 46, United States Code, is amended by adding at the end the following new paragraph: ``(14) oil spill response vessels.''. SEC. 418. OFFSHORE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS. (a) Definition of Responsible Party.--Section 1001(32)(C) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(32)(C)) is amended by striking ``applicable State law or'' and inserting ``applicable State law relating to exploring for, producing, or transporting oil on submerged lands on the Outer Continental Shelf in accordance with a license or permit issued for such purpose, or under''. [[Page S7696]] (b) Amount of Financial Responsibility.--Section 1016(c)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2716(c)(1)) is amended to read as follows: ``(1) In general.-- ``(A) Evidence of financial responsibility required.-- Except as provided in paragraph (2), each responsible party with respect to an offshore facility described in section 1001(32)(C) located seaward of the line of ordinary low water along that portion of the coast that is in direct contact with the open sea and the line marking the seaward limit of inland waters that is-- ``(i) used for exploring for, producing, or transporting oil; and ``(ii) has the capacity to transport, store, transfer, or otherwise handle more than 1,000 barrels of oil at any one time, shall establish and maintain evidence of financial responsibility in the amount required under subparagraph (B) or (C), applicable. ``(B) Amount required generally.--Except as provided in subparagraph (C), for purposes of subparagraph (A) the amount of financial responsibility required is $35,000,000. ``(C) Greater amount.--If the President determines that an amount of financial responsibility greater than the amount required by subparagraph (B) is necessary for an offshore facility, based on an assessment of the risk posed by the facility that includes consideration of the relative operational, environmental, human health, and other risks posed by the quantity or quality of oil that is transported, stored, transferred, or otherwise handled by the facility, the amount of financial responsibility required shall not exceed $150,000,000 determined by the President on the basis of clear and convincing evidence that the risks posed justify the greater amount. ``(D) Multiple facilities.--In a case in which a person is responsible for more than one facility subject to this subsection, evidence of financial responsibility need be established only to meet the amount applicable to the facility having the greatest financial responsibility requirement under this subsection. ``(E) Guarantee method.--Except with respect of financial responsibility established by the guarantee method, subsection (f) shall not apply with respect to this subsection.''. SEC. 419. MANNING AND WATCH REQUIREMENTS ON TOWING VESSELS ON THE GREAT LAKES. (a) Section 8104(c) of title 46, United States Code, is amended-- (1) by striking ``or permitted''; and (2) by inserting after ``day'' the following: ``or permitted to work more than 15 hours in any 24-hour period, or more than 36 hours in any 72-hour period''. (b) Section 8104(e) of title 46, United States Code, is amended by striking ``subsections (c) and (d)'' and inserting ``subsection (d)''. (c) Section 8104(g) of title 46, United States Code, is amended by striking ``(except a vessel to which subsection (c) of this section applies)''. SEC. 420. LIMITATION ON APPLICATION OF CERTAIN LAWS TO LAKE TEXOMA. (a) Limitation.--The laws administered by the Coast Guard relating to documentation or inspection of vessels or licensing or documentation of vessel operators do not apply to any small passenger vessel operating on Lake Texoma. (b) Definitions.--In this section: (1) The term ``Lake Texoma'' means the impoundment by that name on the Red River, located on the border between Oklahoma and Texas. (2) The term ``small passenger vessel'' has the meaning given that term in section 2101 of title 46, United States Code. SEC. 421. LIMITATION ON CONSOLIDATION OR RELOCATION OF HOUSTON AND GALVESTON MARINE SAFETY OFFICES. The Secretary of Transportation may not consolidate or relocate the Coast Guard Marine Safety Offices in Galveston, Texas, and Houston, Texas. SEC. 422. SENSE OF THE CONGRESS REGARDING FUNDING FOR COAST GUARD. It is the sense of the Congress that in appropriating amounts for the Coast Guard, the Congress should appropriate amounts adequate to enable the Coast Guard to carry out all extraordinary functions and duties the Coast Guard is required to undertake in addition to its normal functions established by law. SEC. 423. CONVEYANCE OF LIGHT STATION, MONTAUK POINT, NEW YORK. (a) Conveyance Requirement.-- (1) Requirement.--The Secretary of Transportation shall convey to the Montauk Historical Association in Montauk, New York, by an appropriate means of conveyance, all right, title, and interest of the United States in and to property comprising Light Station Montauk Point, located at Montauk, New York. (2) Determination of property.--The Secretary may identify, describe, and determine the property to be conveyed pursuant to this section. (b) Terms of Conveyance.-- (1) In general.--A conveyance of property pursuant to this section shall be made-- (A) without the payment of consideration; and (B) subject to the conditions required by paragraphs (3) and (4) and such other terms and conditions as the Secretary may consider appropriate. (2) Reversionary interest.--Any conveyance of property pursuant to this section shall be subject to the condition that all right, title, and interest in the Montauk Light Station shall immediately revert to the United States if the Montauk Light Station ceases to be maintained as a nonprofit center for public benefit for the interpretation and preservation of the material culture of the United States Coast Guard, the maritime history of Montauk, New York, and Native American and colonial history. (3) Maintenance of navigation and functions.--Any conveyance of property pursuant to this section shall be subject to such conditions as the Secretary considers to be necessary to assure that-- (A) the light, antennas, sound signal, and associated lighthouse equipment located on the property conveyed, which are active aids to navigation, shall continue to be operated and maintained by the United States for as long as they are needed for this purpose; (B) the Montauk Historical Association may not interfere or allow interference in any manner with such aids to navigation without express written permission from the United States; (C) there is reserved to the United States the right to replace, or add any aids to navigation, or make any changes to the Montauk Lighthouse as may be necessary for navigation purposes; (D) the United States shall have the right, at any time, to enter the property conveyed without notice for the purpose of maintaining navigation aids; (E) the United States shall have an easement of access to such property for the purpose of maintaining the navigational aids in use on the property; and (F) the Montauk Light Station shall revert to the United States at the end of the 30-day period beginning on any date on which the Secretary of Transportation provides written notice to the Montauk Historical Association that the Montauk Light Station is needed for national security purposes. (4) Maintenance of light station.--Any conveyance of property under this section shall be subject to the condition that the Montauk Historical Association shall maintain the Montauk Light Station in accordance with the provisions of the National Historic Preservation Act (16 U.S.C. 470 et seq.) and other applicable laws. (5) Limitation on obligations of montauk historical association.--The Montauk Historical Association shall not have any obligation to maintain any active aid to navigation equipment on property conveyed pursuant to this section. (c) Definitions.--For purposes of this section-- (1) the term ``Montauk Light Station'' means the Coast Guard light station known as the Light Station Montauk Point, located at Montauk, New York, including the keeper's dwellings, adjacent Coast Guard rights-of-way, the World War II submarine spotting tower, the lighthouse tower, and the paint locker; and (2) the term ``Montauk Lighthouse'' means the Coast Guard lighthouse located at the Montauk Light Station. SEC. 424. CONVEYANCE OF CAPE ANN LIGHTHOUSE, THACHERS ISLAND, MASSACHUSETTS. (a) Authority To Convey.-- (1) In general.--The Secretary of Transportation shall convey to the town of Rockport, Massachusetts, by an appropriate means of conveyance, all right, title, and interest of the United States in and to the property comprising the Cape Ann Lighthouse, located on Thachers Island, Massachusetts. (2) Identification of property.--The Secretary may identify, describe, and determine the property to be conveyed

Summary:

All articles in Senate section

COAST GUARD AUTHORIZATION ACT FOR FISCAL YEAR 1996
(Senate - July 11, 1996)

Text of this article available as: TXT PDF [Pages S7691-S7743] COAST GUARD AUTHORIZATION ACT FOR FISCAL YEAR 1996 Mr. STEVENS. Mr. President, I ask that the Chair lay before the Senate a message from the House of Representatives on S. 1004, a bill to authorize appropriations for the U.S. Coast Guard, and for other purposes. The PRESIDING OFFICER laid before the Senate the following message from the House of Representatives: Resolved, That the bill from the Senate (S. 1004) entitled ``An Act to authorize appropriations for the United States 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 Authorization Act For Fiscal Year 1996''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--AUTHORIZATIONS Sec. 101. Authorization of appropriations. Sec. 102. Authorized levels of military strength and training. Sec. 103. Quarterly reports on drug interdiction. Sec. 104. Ensuring maritime safety after closure of small boat station or reduction to seasonal status. TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT Sec. 201. Hurricane Andrew relief. Sec. 202. Exclude certain reserves from end-of-year strength. Sec. 203. Provision of child development services. Sec. 204. Access to national driver register information on certain Coast Guard personnel. Sec. 205. Officer retention until retirement eligible. TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT Sec. 301. Foreign passenger vessel user fees. Sec. 302. Florida Avenue Bridge. Sec. 303. Renewal of Houston-Galveston Navigation Safety Advisory Committee and Lower Mississippi River Waterway Advisory Committee. Sec. 304. Renewal of the Navigation Safety Advisory Council. Sec. 305. Renewal of Commercial Fishing Industry Vessel Advisory Committee. Sec. 306. Nondisclosure of port security plans. Sec. 307. Maritime drug and alcohol testing program civil penalty. Sec. 308. Withholding vessel clearance for violation of certain Acts. Sec. 309. Increased civil penalties. Sec. 310. Amendment to require emergency position indicating radio beacons on the Great Lakes. Sec. 311. Extension of Towing Safety Advisory Committee. TITLE IV--MISCELLANEOUS Sec. 401. Transfer of Coast Guard property in Traverse City, Michigan. Sec. 402. Transfer of Coast Guard property in Ketchikan, Alaska. Sec. 403. Electronic filing of commercial instruments. Sec. 404. Board for correction of military records deadline. Sec. 405. Judicial sale of certain documented vessels to aliens. Sec. 406. Improved authority to sell recyclable material. Sec. 407. Recruitment of women and minorities. Sec. 408. Limitation of certain State authority over vessels. Sec. 409. Vessel financing. Sec. 410. Sense of Congress; requirement regarding notice. Sec. 411. Special selection boards. Sec. 412. Availability of extrajudicial remedies for default on preferred mortgage liens on vessels. Sec. 413. Implementation of water pollution laws with respect to vegetable oil. Sec. 414. Certain information from marine casualty investigations barred in legal proceedings. Sec. 415. Report on LORAN-C requirements. Sec. 416. Limited double hull exemptions. Sec. 417. Oil spill response vessels. Sec. 418. Offshore facility financial responsibility requirements. Sec. 419. Manning and watch requirements on towing vessels on the Great Lakes. Sec. 420. Limitation on application of certain laws to Lake Texoma. Sec. 421. Limitation on consolidation or relocation of Houston and Galveston marine safety offices. Sec. 422. Sense of the Congress regarding funding for Coast Guard. Sec. 423. Conveyance of Light Station, Montauk Point, New York. Sec. 424. Conveyance of Cape Ann Lighthouse, Thachers Island, Massachusetts. Sec. 425. Amendments to Johnson Act. Sec. 426. Transfer of Coast Guard property in Gosnold, Massachusetts. Sec. 427. Transfer of Coast Guard property in New Shoreham, Rhode Island. Sec. 428. Vessel deemed to be a recreational vessel. Sec. 429. Requirement for procurement of buoy chain. Sec. 430. Cruise vessel tort reform. Sec. 431. Limitation on fees and charges with respect to ferries. TITLE V--COAST GUARD REGULATORY REFORM Sec. 501. Short title. Sec. 502. Safety management. Sec. 503. Use of reports, documents, records, and examinations of other persons. Sec. 504. Equipment approval. Sec. 505. Frequency of inspection. Sec. 506. Certificate of inspection. Sec. 507. Delegation of authority of Secretary to classification societies. TITLE VI--DOCUMENTATION OF VESSELS Sec. 601. Authority to issue coastwise endorsements. Sec. 602. Vessel documentation for charity cruises. Sec. 603. Extension of deadline for conversion of vessel M/V TWIN DRILL. Sec. 604. Documentation of vessel RAINBOW'S END. Sec. 605. Documentation of vessel GLEAM. Sec. 606. Documentation of various vessels. Sec. 607. Documentation of 4 barges. Sec. 608. Limited waiver for ENCHANTED ISLE and ENCHANTED SEAS. Sec. 609. Limited waiver for MV PLATTE. TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS Sec. 701. Amendment of inland navigation rules. Sec. 702. Measurement of vessels. Sec. 703. Longshore and harbor workers compensation. Sec. 704. Radiotelephone requirements. Sec. 705. Vessel operating requirements. Sec. 706. Merchant Marine Act, 1920. Sec. 707. Merchant Marine Act, 1956. Sec. 708. Maritime education and training. Sec. 709. General definitions. Sec. 710. Authority to exempt certain vessels. Sec. 711. Inspection of vessels. Sec. 712. Regulations. Sec. 713. Penalties--inspection of vessels. Sec. 714. Application--tank vessels. Sec. 715. Tank vessel construction standards. Sec. 716. Tanker minimum standards. Sec. 717. Self-propelled tank vessel minimum standards. Sec. 718. Definition--abandonment of barges. Sec. 719. Application--load lines. Sec. 720. Licensing of individuals. Sec. 721. Able seamen--limited. Sec. 722. Able seamen--offshore supply vessels. Sec. 723. Scale of employment--able seamen. [[Page S7692]] Sec. 724. General requirements--engine department. Sec. 725. Complement of inspected vessels. Sec. 726. Watchmen. Sec. 727. Citizenship and naval reserve requirements. Sec. 728. Watches. Sec. 729. Minimum number of licensed individuals. Sec. 730. Officers' competency certificates convention. Sec. 731. Merchant mariners' documents required. Sec. 732. Certain crew requirements. Sec. 733. Freight vessels. Sec. 734. Exemptions. Sec. 735. United States registered pilot service. Sec. 736. Definitions--merchant seamen protection. Sec. 737. Application--foreign and intercoastal voyages. Sec. 738. Application--coastwise voyages. Sec. 739. Fishing agreements. Sec. 740. Accommodations for seamen. Sec. 741. Medicine chests. Sec. 742. Logbook and entry requirements. Sec. 743. Coastwise endorsements. Sec. 744. Fishery endorsements. Sec. 745. Clerical amendment. Sec. 746. Repeal of Great Lakes endorsements. Sec. 747. Convention tonnage for licenses, certificates, and documents. TITLE VIII--COAST GUARD AUXILIARY AMENDMENTS Sec. 801. Administration of the Coast Guard Auxiliary. Sec. 802. Purpose of the Coast Guard Auxiliary. Sec. 803. Members of the Auxiliary; status. Sec. 804. Assignment and performance of duties. Sec. 805. Cooperation with other agencies, States, territories, and political subdivisions. Sec. 806. Vessel deemed public vessel. Sec. 807. Aircraft deemed public aircraft. Sec. 808. Disposal of certain material. TITLE I--AUTHORIZATIONS SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Funds are authorized to be appropriated for necessary expenses of the Coast Guard for fiscal year 1996, as follows: (1) For the operation and maintenance of the Coast Guard, $2,618,316,000, 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 offshore facilities, vessels, and aircraft, including equipment related thereto, $428,200,000, to remain available until expended, of which $32,500,000 shall be derived 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 evaluation of technologies, materials, and human factors directly relating to improving the performance of the Coast Guard's mission in support of search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, $22,500,000, to remain available until expended, of which $3,150,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990. (4) For retired pay (including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose), payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $582,022,000. (5) For alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated with the Bridge Alteration Program, $16,200,000, to remain available until expended. (6) For necessary expenses to carry out the Coast Guard's environmental compliance and restoration functions, other than parts and equipment associated with operations and maintenance, under chapter 19 of title 14, United States Code, at Coast Guard facilities, $25,000,000, to remain available until expended. SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING. (a) Active Duty Strength.--The Coast Guard is authorized an end-of-year strength for active duty personnel of 38,400 as of September 30, 1996. (b) Military Training Student Loads.--For fiscal year 1996, the Coast Guard is authorized average military training student loads as follows: (1) For recruit and special training, 1604 student years. (2) For flight training, 85 student years. (3) For professional training in military and civilian institutions, 330 student years. (4) For officer acquisition, 874 student years. SEC. 103. QUARTERLY REPORTS ON DRUG INTERDICTION. Not later than 30 days after the end of each fiscal year quarter, the Secretary of Transportation shall 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 on all expenditures related to drug interdiction activities of the Coast Guard during that quarter. SEC. 104. ENSURING MARITIME SAFETY AFTER CLOSURE OF SMALL BOAT STATION OR REDUCTION TO SEASONAL STATUS. (a) Maritime Safety Determination.--None of the funds authorized to be appropriated under this Act may be used to close Coast Guard multimission small boat stations unless the Secretary of Transportation determines that maritime safety will not be diminished by the closures. (b) Transition Plan Required.--None of the funds appropriated under the authority of this Act may be used to close or reduce to seasonal status a small boat station, unless the Secretary of Transportation, in cooperation with the community affected by the closure or reduction, has developed and implemented a transition plan to ensure that the maritime safety needs of the community will continue to be met. TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT SEC. 201. HURRICANE ANDREW RELIEF. Section 2856 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484) applies to the military personnel of the Coast Guard who were assigned to, or employed at or in connection with, any Federal facility or installation in the vicinity of Homestead Air Force Base, Florida, including the areas of Broward, Collier, Dade, and Monroe Counties, on or before August 24, 1992, except that-- (1) funds available to the Coast Guard, not to exceed a total of $25,000, shall be used; and (2) the Secretary of Transportation shall administer that section with respect to Coast Guard personnel. SEC. 202. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH. Section 712 of title 14, United States Code, is amended by adding at the end the following: ``(d) Reserve members ordered to active duty under this section shall not be counted in computing authorized strength of members on active duty or members in grade under this title or under any other law.''. SEC. 203. PROVISION OF CHILD DEVELOPMENT SERVICES. Section 93 of title 14, United States Code, is amended by striking ``and'' after the semicolon at the end of paragraph (t)(2), by striking the period at the end of paragraph (u) and inserting ``; and'', and by adding at the end the following new paragraph: ``(v) make child development services available to members of the armed forces and Federal civilian employees under terms and conditions comparable to those under the Military Child Care Act of 1989 (10 U.S.C. 113 note).''. SEC. 204. ACCESS TO NATIONAL DRIVER REGISTER INFORMATION ON CERTAIN COAST GUARD PERSONNEL. (a) Amendment to Title 14.--Section 93 of title 14, United States Code, as amended by section 203, is further amended-- (1) by striking ``and'' after the semicolon at the end of paragraph (u); (2) by striking the period at the end of paragraph (v) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(w) require that any officer, chief warrant officer, or enlisted member of the Coast Guard or Coast Guard Reserve (including a cadet or an applicant for appointment or enlistment to any of the foregoing and any member of a uniformed service who is assigned to the Coast Guard) request that all information contained in the National Driver Register pertaining to the individual, as described in section 30304(a) of title 49, be made available to the Commandant under section 30305(a) of title 49, may receive that information, and upon receipt, shall make the information available to the individual.''. (b) Amendment to Title 49.--Section 30305(b) of title 49, United States Code, is amended by redesignating paragraph (7) as paragraph (8) and inserting after paragraph (6) the following new paragraph: ``(7) An individual who is an officer, chief warrant officer, or enlisted member of the Coast Guard or Coast Guard Reserve (including a cadet or an applicant for appointment or enlistment of any of the foregoing and any member of a uniformed service who is assigned to the Coast Guard) may request the chief driver licensing official of a State to provide information about the individual under subsection (a) of this section to the Commandant of the Coast Guard. The Commandant may receive the information and shall make the information available to the individual. Information may not be obtained from the Register under this paragraph if the information was entered in the Register more than 3 years before the request, unless the information is about a revocation or suspension still in effect on the date of the request.''. SEC. 205. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE. Section 283(b) of title 14, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; (2) by striking the last sentence; and (3) by adding at the end the following: ``(2) Upon the completion of a term under paragraph (1), an officer shall, unless selected for further continuation-- ``(A) except as provided in subparagraph (B), be honorably discharged with severance pay computed under section 286 of this title; ``(B) in the case of an officer who has completed at least 18 years of active service on the date of discharge under subparagraph (A), be retained on active duty and retired on the last day of the month in which the officer completes 20 years of active service, unless earlier removed under another provision of law; or ``(C) if, on the date specified for the officer's discharge in this section, the officer has completed at least 20 years of active service or is eligible for retirement under any law, be retired on that date.''. TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT SEC. 301. FOREIGN PASSENGER VESSEL USER FEES. Section 3303 of title 46, United States Code, is amended-- [[Page S7693]] (1) in subsection (a) by striking ``(a) Except as'' and inserting ``Except as''; and (2) by striking subsection (b). SEC. 302. FLORIDA AVENUE BRIDGE. For purposes of the alteration of the Florida Avenue Bridge (located approximately 1.63 miles east of the Mississippi River on the Gulf Intracoastal Waterway in Orleans Parish, Louisiana) ordered by the Secretary of Transportation under the Act of June 21, 1940 (33 U.S.C. 511 et seq.; popularly known as the Truman-Hobbs Act), the Secretary of Transportation shall treat the drainage siphon that is adjacent to the bridge as an appurtenance of the bridge, including with respect to apportionment and payment of costs for the removal of the drainage siphon in accordance with that Act. SEC. 303. RENEWAL OF HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE AND LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE. The Coast Guard Authorization Act of 1991 (Public Law 102- 241, 105 Stat. 2208-2235) is amended-- (1) in section 18 by adding at the end the following: ``(h) The Committee shall terminate on October 1, 2000.''; and (2) in section 19 by adding at the end the following: ``(g) The Committee shall terminate on October 1, 2000.''. SEC. 304. RENEWAL OF THE NAVIGATION SAFETY ADVISORY COUNCIL. (a) Renewal.--Section 5(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended by striking ``September 30, 1995'' and inserting ``September 30, 2000''. (b) Clerical Amendment.--The section heading for section 5(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended by striking ``Rules of the Road Advisory Council'' and inserting ``Navigation Safety Advisory Council''. SEC. 305. RENEWAL OF COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMITTEE. Subsection (e)(1) of section 4508 of title 46, United States Code, is amended by striking ``September 30, 1994'' and inserting ``October 1, 2000''. SEC. 306. NONDISCLOSURE OF PORT SECURITY PLANS. Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), is amended by adding at the end the following new subsection (c): ``(c) Nondisclosure of Port Security Plans.-- Notwithstanding any other provision of law, information related to security plans, procedures, or programs for passenger vessels or passenger terminals authorized under this Act is not required to be disclosed to the public.''. SEC. 307. MARITIME DRUG AND ALCOHOL TESTING PROGRAM CIVIL PENALTY. (a) Penalty Imposed.--Chapter 21 of title 46, United States Code, is amended by adding at the end the following new section: ``Sec. 2115. Civil penalty to enforce alcohol and dangerous drug testing ``Any person who fails to comply with or otherwise violates the requirements prescribed by the Secretary under this subtitle for chemical testing for dangerous drugs or for evidence of alcohol use is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. Each day of a continuing violation shall constitute a separate violation.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 21 of title 46, United States Code, is amended by inserting after the item relating to section 2114 the following new item: ``2115. Civil penalty to enforce alcohol and dangerous drug testing.''. SEC. 308. WITHHOLDING VESSEL CLEARANCE FOR VIOLATION OF CERTAIN ACTS. (a) Title 49, United States Code.--Section 5122 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(c) Withholding of Clearance.--(1) If any owner, operator, or person in charge of a vessel is liable for a civil penalty under section 5123 of this title or for a fine under section 5124 of this title, or if reasonable cause exists to believe that such owner, operator, or person in charge may be subject to such a civil penalty or fine, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91). ``(2) Clearance refused or revoked under this subsection may be granted upon the filing of a bond or other surety satisfactory to the Secretary.''. (b) Port and Waterways Safety Act.--Section 13(f) of the Ports and Waterways Safety Act (33 U.S.C. 1232(f)) is amended to read as follows: ``(f) Withholding of Clearance.--(1) If any owner, operator, or person in charge of a vessel is liable for a penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or person in charge may be subject to a penalty or fine under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91). ``(2) Clearance refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.''. (c) Inland Navigation Rules Act of 1980.--Section 4(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2072(d)) is amended to read as follows: ``(d) Withholding of Clearance.--(1) If any owner, operator, or person in charge of a vessel is liable for a penalty under this section, or if reasonable cause exists to believe that the owner, operator, or person in charge may be subject to a penalty under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91). ``(2) Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.''. (d) Title 46, United States Code.--Section 3718(e) of title 46, United States Code, is amended to read as follows: ``(e)(1) If any owner, operator, or person in charge of a vessel is liable for any penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or person in charge may be subject to any penalty or fine under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91). ``(2) Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.''. SEC. 309. INCREASED CIVIL PENALTIES. (a) Penalty for Failure To Report a Casualty.--Section 6103(a) of title 46, United States Code, is amended by striking ``$1,000'' and inserting ``not more than $25,000''. (b) Operation of Uninspected Vessel in Violation of Manning Requirements.--Section 8906 of title 46, United States Code, is amended by striking ``$1,000'' and inserting ``not more than $25,000''. SEC. 310. AMENDMENT TO REQUIRE EMERGENCY POSITION INDICATING RADIO BEACONS ON THE GREAT LAKES. Paragraph (7) of section 4502(a) of title 46, United States Code, is amended by inserting ``or beyond three nautical miles from the coastline of the Great Lakes'' after ``high seas''. SEC. 311. EXTENSION OF TOWING SAFETY ADVISORY COMMITTEE. Subsection (e) of the Act to establish a Towing Safety Advisory Committee in the Department of Transportation (33 U.S.C. 1231a(e)), is amended by striking ``September 30, 1995'' and inserting ``October 1, 2000''. TITLE IV--MISCELLANEOUS SEC. 401. TRANSFER OF COAST GUARD PROPERTY IN TRAVERSE CITY, MICHIGAN. (a) Requirement.--The Secretary of Transportation (or any other official having control over the property described in subsection (b)) shall expeditiously convey to the Traverse City Area Public School District in Traverse City, Michigan, without consideration, all right, title, and interest of the United States in and to the property described in subsection (b), subject to all easements and other interests in the property held by any other person. (b) Property Described.--The property referred to in subsection (a) is real property located in the city of Traverse City, Grand Traverse County, Michigan, and consisting of that part of the southeast \1/4\ of Section 12, Township 27 North, Range 11 West, described as: Commencing at the southeast \1/4\ corner of said Section 12, thence north 03 degrees 05 minutes 25 seconds east along the East line of said Section, 1074.04 feet, thence north 86 degrees 36 minutes 50 seconds west 207.66 feet, thence north 03 degrees 06 minutes 00 seconds east 572.83 feet to the point of beginning, thence north 86 degrees 54 minutes 00 seconds west 1,751.04 feet, thence north 03 degrees 02 minutes 38 seconds east 330.09 feet, thence north 24 degrees 04 minutes 40 seconds east 439.86 feet, thence south 86 degrees 56 minutes 15 seconds east 116.62 feet, thence north 03 degrees 08 minutes 45 seconds east 200.00 feet, thence south 87 degrees 08 minutes 20 seconds east 68.52 feet, to the southerly right-of-way of the C & O Railroad, thence south 65 degrees 54 minutes 20 seconds east along said right-of-way 1508.75 feet, thence south 03 degrees 06 minutes 00 seconds west 400.61 to the point of beginning, consisting of 27.10 acres of land, and all improvements located on that property including buildings, structures, and equipment. (c) Reversionary Interest.--In addition to any term or condition established pursuant to subsection (a), any conveyance of property described in subsection (b) shall be subject to the condition that all right, title, and interest in and to the property so conveyed shall immediately revert to the United States if the property, or any part thereof, ceases to be used by the Traverse City School District. SEC. 402. TRANSFER OF COAST GUARD PROPERTY IN KETCHIKAN, ALASKA. (a) Conveyance Requirement.--The Secretary of Transportation shall convey to the Ketchikan Indian Corporation in Ketchikan, Alaska, without reimbursement and by no later than 120 days after the date of enactment of this Act, all right, title, and interest of the United States in and to the property known as the ``Former Marine Safety Detachment'' as identified in Report of Excess Number CG-689 (GSA Control Number 9-U-AK-0747) and described in subsection (b), for use by the Ketchikan Indian Corporation as a health or social services facility. (b) Property Described.--The property referred to in subsection (a) is real property located in the city of Ketchikan, Township 75 south, range 90 east, Copper River Meridian, First Judicial District, State of Alaska, and commencing at corner numbered 10, United States [[Page S7694]] Survey numbered 1079, the true point of beginning for this description: Thence north 24 degrees 04 minutes east, along the 10-11 line of said survey a distance of 89.76 feet to corner numbered 1 of lot 5B; thence south 65 degrees 56 minutes east a distance of 345.18 feet to corner numbered 2 of lot 5B; thence south 24 degrees 04 minutes west a distance of 101.64 feet to corner numbered 3 of lot 5B; thence north 64 degrees 01 minute west a distance of 346.47 feet to corner numbered 10 of said survey, to the true point of beginning, consisting of 0.76 acres (more or less), and all improvements located on that property, including buildings, structures, and equipment. (c) Reversionary Interest.--In addition to any term or condition established pursuant to subsection (a), any conveyance of property described in subsection (b) shall be subject to the condition that all right, title, and interest in and to the property so conveyed shall immediately revert to the United States if the property, or any part thereof, ceases to be used by the Ketchikan Indian Corporation as a health or social services facility. SEC. 403. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS. Section 31321(a) of title 46, United States Code, is amended by adding at the end the following new paragraph: ``(4)(A) A bill of sale, conveyance, mortgage, assignment, or related instrument may be filed electronically under regulations prescribed by the Secretary. ``(B) A filing made electronically under subparagraph (A) shall not be effective after the 10-day period beginning on the date of the filing unless the original instrument is provided to the Secretary within that 10-day period.''. SEC. 404. BOARD FOR CORRECTION OF MILITARY RECORDS DEADLINE. (a) Remedies Deemed Exhausted.--Ten months after a complete application for correction of military records is received by the Board for Correction of Military Records of the Coast Guard, administrative remedies are deemed to have been exhausted, and-- (1) if the Board has rendered a recommended decision, its recommendation shall be final agency action and not subject to further review or approval within the Department of Transportation; or (2) if the Board has not rendered a recommended decision, agency action is deemed to have been unreasonably delayed or withheld and the applicant is entitled to-- (A) an order under section 706(1) of title 5, United States Code, directing final action be taken within 30 days from the date the order is entered; and (B) from amounts appropriated to the Department of Transportation, the costs of obtaining the order, including a reasonable attorney's fee. (b) Existing Deadline Mandatory.--The 10-month deadline established in section 212 of the Coast Guard Authorization Act of 1989 (Public Law 101-225, 103 Stat. 1914) is mandatory. (c) Application.--This section applies to all applications filed with or pending before the Board or the Secretary of Transportation on or after June 12, 1990. For applications that were pending on June 12, 1990, the 10-month deadline referred to in subsection (b) shall be calculated from June 12, 1990. SEC. 405. JUDICIAL SALE OF CERTAIN DOCUMENTED VESSELS TO ALIENS. Section 31329 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(f) This section does not apply to a documented vessel that has been operated only-- ``(1) as a fishing vessel, fish processing vessel, or fish tender vessel; or ``(2) for pleasure.''. SEC. 406. IMPROVED AUTHORITY TO SELL RECYCLABLE MATERIAL. Section 641(c)(2) of title 14, United States Code, is amended by inserting before the period the following: ``, except that the Commandant may conduct sales of materials for which the proceeds of sale will not exceed $5,000 under regulations prescribed by the Commandant''. SEC. 407. RECRUITMENT OF WOMEN AND MINORITIES. Not later than January 31, 1996, the Commandant of the Coast Guard shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, on the status of and the problems in recruitment of women and minorities into the Coast Guard. The report shall contain specific plans to increase the recruitment of women and minorities and legislative recommendations needed to increase the recruitment of women and minorities. SEC. 408. LIMITATION OF CERTAIN STATE AUTHORITY OVER VESSELS. (a) Short Title.--This section may be cited as the ``California Cruise Industry Revitalization Act''. (b) Limitation.--Section 5(b)(2) of the Act of January 2, 1951 (15 U.S.C. 1175(b)(2)), commonly referred to as the ``Johnson Act'', is amended by adding at the end the following: ``(C) Exclusion of certain voyages and segments.--Except for a voyage or segment of a voyage that occurs within the boundaries of the State of Hawaii, a voyage or segment of a voyage is not described in subparagraph (B) if it includes or consists of a segment-- ``(i) that begins and ends in the same State; ``(ii) that is part of a voyage to another State or to a foreign country; and ``(iii) in which the vessel reaches the other State or foreign country within 3 days after leaving the State in which it begins.''. SEC. 409. VESSEL FINANCING. (a) Documentation Citizen Eligible Mortgagee.--Section 31322(a)(1)(D) of title 46, United States Code, is amended-- (1) by striking ``or'' at the end of 31322(a)(1)(D)(v) and inserting ``or'' at the end of 31322(a)(1)(D)(vi); and (2) by adding at the end a new subparagraph as follows: ``(vii) a person eligible to own a documented vessel under chapter 121 of this title.''. (b) Amendment to Trustee Restrictions.--Section 31328(a) of title 46, United States Code, is amended-- (1) by striking ``or'' at the end of 31328(a)(3) and inserting ``or'' at the end of 31328(a)(4); and (2) by adding at the end a new subparagraph as follows: ``(5) is a person eligible to own a documented vessel under chapter 121 of this title.''. (c) Lease Financing.--Section 12106 of title 46, United States Code, is amended by adding at the end the following new subsections: ``(e)(1) A certificate of documentation for a vessel may be endorsed with a coastwise endorsement if-- ``(A) the vessel is eligible for documentation under section 12102; ``(B) the person that owns the vessel, a parent entity of that person, or a subsidiary of a parent entity of that person, is engaged in lease financing; ``(C) the vessel is under a demise charter to a person qualifying as a citizen of the United States for engaging in the coastwise trade under section 2 of the Shipping Act, 1916; ``(D) the demise charter is for-- ``(i) a period of at least 3 years; or ``(ii) a shorter period as may be prescribed by the Secretary; and ``(E) the vessel is otherwise qualified under this section to be employed in the coastwise trade. ``(2) Upon default by a bareboat charterer of a demise charter required under paragraph (1)(D), the coastwise endorsement of the vessel may, in the sole discretion of the Secretary, be continued after the termination for default of the demise charter for a period not to exceed 6 months on terms and conditions as the Secretary may prescribe. ``(3) For purposes of section 2 of the Shipping Act, 1916, and section 12102(a) of this title, a vessel meeting the criteria of subsection is deemed to be owned exclusively by citizens of the United States.''. (d) Conforming Amendment.--Section 9(c) of the Shipping Act, 1916, as amended (46 App. U.S.C. 808(c)) is amended by inserting ``12106(e),'' after the word ``sections'' and before 31322(a)(1)(D). SEC. 410. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE. (a) Purchase of American-Made Equipment and Products.--It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Act should be American-made. (b) Notice to Recipients of Assistance.--In providing financial assistance under this Act, the official responsible for providing the assistance, to the greatest extent practicable, shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress. SEC. 411. SPECIAL SELECTION BOARDS. (a) Requirement.--Chapter 21 of title 14, United States Code, is amended by adding at the end the following new section: ``Sec. 747. Special selection boards ``(a) The Secretary shall provide for special selection boards to consider the case of any officer who is eligible for promotion who-- ``(1) was not considered for selection for promotion by a selection board because of administrative error; or ``(2) was considered for selection for promotion by a selection board but not selected because-- ``(A) the action of the board that considered the officer was contrary to law or involved a material error of fact or material administrative error; or ``(B) the board that considered the officer did not have before it for its consideration material information. ``(b) Not later than 6 months after the date of the enactment of the Coast Guard Authorization Act For Fiscal Year 1996, the Secretary shall issue regulations to implement this section. The regulations shall conform, as appropriate, to the regulations and procedures issued by the Secretary of Defense for special selection boards under section 628 of title 10, United States Code.''. (b) Clerical Amendment.--The table of sections for chapter 21 of title 14, United States Code, is amended by adding after the item for section 746 the following: ``747. Special selection boards.''. SEC. 412. AVAILABILITY OF EXTRAJUDICIAL REMEDIES FOR DEFAULT ON PREFERRED MORTGAGE LIENS ON VESSELS. (a) Availability of Extrajudicial Remedies.--Section 31325(b) of title 46, United States Code, is amended-- (1) in the matter preceding paragraph (1) by striking ``mortgage may'' and inserting ``mortgagee may''; (2) in paragraph (1) by-- (A) striking ``perferred'' and inserting ``preferred''; and (B) striking ``; and'' and inserting a semicolon; and (3) by adding at the end the following: ``(3) enforce the preferred mortgage lien or a claim for the outstanding indebtedness secured by the mortgaged vessel, or both, by exercising any other remedy (including an extrajudicial remedy) against a documented vessel, a vessel for which an application for documentation is filed under chapter 121 of this title, a foreign vessel, or a mortgagor, maker, comaker, or guarantor for the amount of the outstanding indebtedness or any deficiency in full payment of that indebtedness, if-- [[Page S7695]] ``(A) the remedy is allowed under applicable law; and ``(B) the exercise of the remedy will not result in a violation of section 9 or 37 of the Shipping Act, 1916 (46 App. U.S.C. 808, 835).''. (b) Notice.--Section 31325 of title 46, United States Code, is further amended by adding at the end the following: ``(f)(1) Before title to the documented vessel or vessel for which an application for documentation is filed under chapter 121 is transferred by an extrajudicial remedy, the person exercising the remedy shall give notice of the proposed transfer to the Secretary, to the mortgagee of any mortgage on the vessel filed in substantial compliance with section 31321 of this title before notice of the proposed transfer is given to the Secretary, and to any person that recorded a notice of a claim of an undischarged lien on the vessel under section 31343(a) or (d) of this title before notice of the proposed transfer is given to the Secretary. ``(2) Failure to give notice as required by this subsection shall not affect the transfer of title to a vessel. However, the rights of any holder of a maritime lien or a preferred mortgage on the vessel shall not be affected by a transfer of title by an extrajudicial remedy exercised under this section, regardless of whether notice is required by this subsection or given. ``(3) The Secretary shall prescribe regulations establishing the time and manner for providing notice under this subsection.''. (c) Rule of Construction.--The amendments made by subsections (a) and (b) may not be construed to imply that remedies other than judicial remedies were not available before the date of enactment of this section to enforce claims for outstanding indebtedness secured by mortgaged vessels. SEC. 413. IMPLEMENTATION OF WATER POLLUTION LAWS WITH RESPECT TO VEGETABLE OIL. (a) Differentiation Among Fats, Oils, and Greases.-- (1) In general.--In issuing or enforcing a regulation, an interpretation, or a guideline relating to a fat, oil, or grease under a Federal law related to water pollution control, the head of a Federal agency shall-- (A) differentiate between and establish separate classes for-- (i)(I) animal fats; and (II) vegetable oils; and (ii) other oils, including petroleum oil; and (B) apply different standards to different classes of fat and oil as provided in paragraph (2). (2) Considerations.--In differentiating between the classes of animal fats and vegetable oils referred to in paragraph (1)(A)(i) and the classes of oils described in paragraph (1)(A)(ii), the head of a Federal agency shall consider differences in physical, chemical, biological, and other properties, and in the environmental effects, of the classes. (b) Financial Responsibility.-- (1) Limits on liability.--Section 1004(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) is amended by striking ``for a tank vessel,'' and inserting ``for a tank vessel carrying oil in bulk as cargo or cargo residue (except a tank vessel on which the only oil carried is an animal fat or vegetable oil, as those terms are defined in section 413(c) of the Coast Guard Authorization Act for Fiscal Year 1996),''. (2) Financial responsibility.--The first sentence of section 1016(a) of the Act (33 U.S.C. 2716(a)) is amended by striking ``, in the case of a tank vessel, the responsible party could be subject under section 1004(a)(1) or (d) of this Act, or to which, in the case of any other vessel, the responsible party could be subjected under section 1004(a)(2) or (d)'' and inserting ``the responsible party could be subjected under section 1004(a) or (d) of this Act''. (c) Definitions.--In this section, the following definitions apply: (1) Animal fat.--The term ``animal fat'' means each type of animal fat, oil, or grease, including fat, oil, or grease from fish or a marine mammal and any fat, oil, or grease referred to in section 61(a)(2) of title 13, United States Code. (2) Vegetable oil.--The term ``vegetable oil'' means each type of vegetable oil, including vegetable oil from a seed, nut, or kernel and any vegetable oil referred to in section 61(a)(1) of title 13, United States Code. SEC. 414. CERTAIN INFORMATION FROM MARINE CASUALTY INVESTIGATIONS BARRED IN LEGAL PROCEEDINGS. (a) In General.--Title 46, United States Code, is amended by inserting after section 6307 the following new section: ``Sec. 6308. Information barred in legal proceedings ``(a) Notwithstanding any other provision of law, any opinion, recommendation, deliberation, or conclusion contained in a report of a marine casualty investigation conducted under section 6301 of this title with respect to the cause of, or factors contributing to, the casualty set forth in the report of the investigation is not admissible as evidence or subject to discovery in any civil, administrative, or State criminal proceeding arising from a marine casualty, other than with the permission and consent of the Secretary of Transportation, in his or her sole discretion. Any employee of the United States or military member of the Coast Guard investigating a marine casualty or assisting in any such investigation conducted pursuant to section 6301 of this title, shall not be subject to deposition or other discovery, or otherwise testify or give information in such proceedings relevant to a marine casualty investigation, without the permission and consent of the Secretary of Transportation in his or her sole discretion. In exercising this discretion in cases where the United States is a party, the Secretary shall not withhold permission for an employee to testify solely on factual matters where the information is not available elsewhere or is not obtainable by other means. Nothing in this section prohibits the United States from calling an employee as an expert witness to testify on its behalf. ``(b) The information referred to in subsection (a) of this section shall not be considered an admission of liability by the United States or by any person referred to in those conclusions or statements.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 63 of title 46, United States Code, is amended by adding after the item related to section 6307 the following: ``6308. Information barred in legal proceedings.''. SEC. 415. REPORT ON LORAN-C REQUIREMENTS. Not later than 6 months after the date of the enactment of this Act, the Secretary of Transportation shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science and Transportation of the Senate, prepared in consultation with users of the LORAN-C radionavigation system, defining the future use of and funding for operations, maintenance, and upgrades of the LORAN-C radionavigation system. The report shall address the following: (1) An appropriate timetable for transition from ground- based radionavigation technology after it is determined that satellite-based technology is available as a sole means of safe and efficient navigation. (2) The need to ensure that LORAN-C technology purchased by the public before the year 2000 has a useful economic life. (3) The benefits of fully utilizing the compatibilities of LORAN-C technology and satellite-based technology by all modes of transportation. (4) The need for all agencies in the Department of Transportation and other relevant Federal agencies to share the Federal Government's costs related to LORAN-C technology. SEC. 416. LIMITED DOUBLE HULL EXEMPTIONS. Section 3703a(b) of title 46, United States Code, is amended by-- (1) striking ``or'' at the end of paragraph (2); (2) striking the period at the end of paragraph (3) and inserting a semicolon; and (3) adding at the end the following new paragraphs: ``(4) a vessel equipped with a double hull before August 12, 1992; ``(5) a barge of less than 2,000 gross tons that is primarily used to carry deck cargo and bulk fuel to Native villages (as that term is defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1601)) located on or adjacent to bays or rivers above 58 degrees north latitude; or ``(6) a vessel in the National Defense Reserve Fleet pursuant to section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744).''. SEC. 417. OIL SPILL RESPONSE VESSELS. (a) Definition.--Section 2101 of title 46, United States Code, is amended-- (1) by redesignating paragraph (20a) as paragraph (20b); and (2) by inserting after paragraph (20) the following new paragraph: ``(20a) `oil spill response vessel' means a vessel that is designated in its certificate of inspection as such a vessel, or that is adapted to respond to a discharge of oil or a hazardous material.''. (b) Exemption From Liquid Bulk Carriage Requirements.-- Section 3702 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(f) This chapter does not apply to an oil spill response vessel if-- ``(1) the vessel is used only in response-related activities; or ``(2) the vessel is-- ``(A) not more than 500 gross tons; ``(B) designated in its certificate of inspection as an oil spill response vessel; and ``(C) engaged in response-related activities.''. (c) Manning.--Section 8104(p) of title 46, United States Code, is amended to read as follows: ``(p) The Secretary may prescribe the watchstanding requirements for an oil spill response vessel.''. (d) Minimum Number of Licensed Individuals.--Section 8301(e) of title 46, United States Code, is amended to read as follows: ``(e) The Secretary may prescribe the minimum number of licensed individuals for an oil spill response vessel.''. (e) Merchant Mariner Document Requirements.--Section 8701(a) of title 46, United States Code, is amended by striking ``and'' after the semicolon at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``; and'', and by adding at the end the following new paragraph: ``(9) the Secretary may prescribe the individuals required to hold a merchant mariner's document serving onboard an oil spill response vessel.''. (f) Exemption From Towing Vessel Requirement.--Section 8905 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(c) Section 8904 of this title does not apply to an oil spill response vessel while engaged in oil spill response or training activities.''. (g) Inspection Requirement.--Section 3301 of title 46, United States Code, is amended by adding at the end the following new paragraph: ``(14) oil spill response vessels.''. SEC. 418. OFFSHORE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS. (a) Definition of Responsible Party.--Section 1001(32)(C) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(32)(C)) is amended by striking ``applicable State law or'' and inserting ``applicable State law relating to exploring for, producing, or transporting oil on submerged lands on the Outer Continental Shelf in accordance with a license or permit issued for such purpose, or under''. [[Page S7696]] (b) Amount of Financial Responsibility.--Section 1016(c)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2716(c)(1)) is amended to read as follows: ``(1) In general.-- ``(A) Evidence of financial responsibility required.-- Except as provided in paragraph (2), each responsible party with respect to an offshore facility described in section 1001(32)(C) located seaward of the line of ordinary low water along that portion of the coast that is in direct contact with the open sea and the line marking the seaward limit of inland waters that is-- ``(i) used for exploring for, producing, or transporting oil; and ``(ii) has the capacity to transport, store, transfer, or otherwise handle more than 1,000 barrels of oil at any one time, shall establish and maintain evidence of financial responsibility in the amount required under subparagraph (B) or (C), applicable. ``(B) Amount required generally.--Except as provided in subparagraph (C), for purposes of subparagraph (A) the amount of financial responsibility required is $35,000,000. ``(C) Greater amount.--If the President determines that an amount of financial responsibility greater than the amount required by subparagraph (B) is necessary for an offshore facility, based on an assessment of the risk posed by the facility that includes consideration of the relative operational, environmental, human health, and other risks posed by the quantity or quality of oil that is transported, stored, transferred, or otherwise handled by the facility, the amount of financial responsibility required shall not exceed $150,000,000 determined by the President on the basis of clear and convincing evidence that the risks posed justify the greater amount. ``(D) Multiple facilities.--In a case in which a person is responsible for more than one facility subject to this subsection, evidence of financial responsibility need be established only to meet the amount applicable to the facility having the greatest financial responsibility requirement under this subsection. ``(E) Guarantee method.--Except with respect of financial responsibility established by the guarantee method, subsection (f) shall not apply with respect to this subsection.''. SEC. 419. MANNING AND WATCH REQUIREMENTS ON TOWING VESSELS ON THE GREAT LAKES. (a) Section 8104(c) of title 46, United States Code, is amended-- (1) by striking ``or permitted''; and (2) by inserting after ``day'' the following: ``or permitted to work more than 15 hours in any 24-hour period, or more than 36 hours in any 72-hour period''. (b) Section 8104(e) of title 46, United States Code, is amended by striking ``subsections (c) and (d)'' and inserting ``subsection (d)''. (c) Section 8104(g) of title 46, United States Code, is amended by striking ``(except a vessel to which subsection (c) of this section applies)''. SEC. 420. LIMITATION ON APPLICATION OF CERTAIN LAWS TO LAKE TEXOMA. (a) Limitation.--The laws administered by the Coast Guard relating to documentation or inspection of vessels or licensing or documentation of vessel operators do not apply to any small passenger vessel operating on Lake Texoma. (b) Definitions.--In this section: (1) The term ``Lake Texoma'' means the impoundment by that name on the Red River, located on the border between Oklahoma and Texas. (2) The term ``small passenger vessel'' has the meaning given that term in section 2101 of title 46, United States Code. SEC. 421. LIMITATION ON CONSOLIDATION OR RELOCATION OF HOUSTON AND GALVESTON MARINE SAFETY OFFICES. The Secretary of Transportation may not consolidate or relocate the Coast Guard Marine Safety Offices in Galveston, Texas, and Houston, Texas. SEC. 422. SENSE OF THE CONGRESS REGARDING FUNDING FOR COAST GUARD. It is the sense of the Congress that in appropriating amounts for the Coast Guard, the Congress should appropriate amounts adequate to enable the Coast Guard to carry out all extraordinary functions and duties the Coast Guard is required to undertake in addition to its normal functions established by law. SEC. 423. CONVEYANCE OF LIGHT STATION, MONTAUK POINT, NEW YORK. (a) Conveyance Requirement.-- (1) Requirement.--The Secretary of Transportation shall convey to the Montauk Historical Association in Montauk, New York, by an appropriate means of conveyance, all right, title, and interest of the United States in and to property comprising Light Station Montauk Point, located at Montauk, New York. (2) Determination of property.--The Secretary may identify, describe, and determine the property to be conveyed pursuant to this section. (b) Terms of Conveyance.-- (1) In general.--A conveyance of property pursuant to this section shall be made-- (A) without the payment of consideration; and (B) subject to the conditions required by paragraphs (3) and (4) and such other terms and conditions as the Secretary may consider appropriate. (2) Reversionary interest.--Any conveyance of property pursuant to this section shall be subject to the condition that all right, title, and interest in the Montauk Light Station shall immediately revert to the United States if the Montauk Light Station ceases to be maintained as a nonprofit center for public benefit for the interpretation and preservation of the material culture of the United States Coast Guard, the maritime history of Montauk, New York, and Native American and colonial history. (3) Maintenance of navigation and functions.--Any conveyance of property pursuant to this section shall be subject to such conditions as the Secretary considers to be necessary to assure that-- (A) the light, antennas, sound signal, and associated lighthouse equipment located on the property conveyed, which are active aids to navigation, shall continue to be operated and maintained by the United States for as long as they are needed for this purpose; (B) the Montauk Historical Association may not interfere or allow interference in any manner with such aids to navigation without express written permission from the United States; (C) there is reserved to the United States the right to replace, or add any aids to navigation, or make any changes to the Montauk Lighthouse as may be necessary for navigation purposes; (D) the United States shall have the right, at any time, to enter the property conveyed without notice for the purpose of maintaining navigation aids; (E) the United States shall have an easement of access to such property for the purpose of maintaining the navigational aids in use on the property; and (F) the Montauk Light Station shall revert to the United States at the end of the 30-day period beginning on any date on which the Secretary of Transportation provides written notice to the Montauk Historical Association that the Montauk Light Station is needed for national security purposes. (4) Maintenance of light station.--Any conveyance of property under this section shall be subject to the condition that the Montauk Historical Association shall maintain the Montauk Light Station in accordance with the provisions of the National Historic Preservation Act (16 U.S.C. 470 et seq.) and other applicable laws. (5) Limitation on obligations of montauk historical association.--The Montauk Historical Association shall not have any obligation to maintain any active aid to navigation equipment on property conveyed pursuant to this section. (c) Definitions.--For purposes of this section-- (1) the term ``Montauk Light Station'' means the Coast Guard light station known as the Light Station Montauk Point, located at Montauk, New York, including the keeper's dwellings, adjacent Coast Guard rights-of-way, the World War II submarine spotting tower, the lighthouse tower, and the paint locker; and (2) the term ``Montauk Lighthouse'' means the Coast Guard lighthouse located at the Montauk Light Station. SEC. 424. CONVEYANCE OF CAPE ANN LIGHTHOUSE, THACHERS ISLAND, MASSACHUSETTS. (a) Authority To Convey.-- (1) In general.--The Secretary of Transportation shall convey to the town of Rockport, Massachusetts, by an appropriate means of conveyance, all right, title, and interest of the United States in and to the property comprising the Cape Ann Lighthouse, located on Thachers Island, Massachusetts. (2) Identification of property.--The Secretary may identify, describe, and determine the property to be conveyed purs

Major Actions:

All articles in Senate section

COAST GUARD AUTHORIZATION ACT FOR FISCAL YEAR 1996
(Senate - July 11, 1996)

Text of this article available as: TXT PDF [Pages S7691-S7743] COAST GUARD AUTHORIZATION ACT FOR FISCAL YEAR 1996 Mr. STEVENS. Mr. President, I ask that the Chair lay before the Senate a message from the House of Representatives on S. 1004, a bill to authorize appropriations for the U.S. Coast Guard, and for other purposes. The PRESIDING OFFICER laid before the Senate the following message from the House of Representatives: Resolved, That the bill from the Senate (S. 1004) entitled ``An Act to authorize appropriations for the United States 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 Authorization Act For Fiscal Year 1996''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--AUTHORIZATIONS Sec. 101. Authorization of appropriations. Sec. 102. Authorized levels of military strength and training. Sec. 103. Quarterly reports on drug interdiction. Sec. 104. Ensuring maritime safety after closure of small boat station or reduction to seasonal status. TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT Sec. 201. Hurricane Andrew relief. Sec. 202. Exclude certain reserves from end-of-year strength. Sec. 203. Provision of child development services. Sec. 204. Access to national driver register information on certain Coast Guard personnel. Sec. 205. Officer retention until retirement eligible. TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT Sec. 301. Foreign passenger vessel user fees. Sec. 302. Florida Avenue Bridge. Sec. 303. Renewal of Houston-Galveston Navigation Safety Advisory Committee and Lower Mississippi River Waterway Advisory Committee. Sec. 304. Renewal of the Navigation Safety Advisory Council. Sec. 305. Renewal of Commercial Fishing Industry Vessel Advisory Committee. Sec. 306. Nondisclosure of port security plans. Sec. 307. Maritime drug and alcohol testing program civil penalty. Sec. 308. Withholding vessel clearance for violation of certain Acts. Sec. 309. Increased civil penalties. Sec. 310. Amendment to require emergency position indicating radio beacons on the Great Lakes. Sec. 311. Extension of Towing Safety Advisory Committee. TITLE IV--MISCELLANEOUS Sec. 401. Transfer of Coast Guard property in Traverse City, Michigan. Sec. 402. Transfer of Coast Guard property in Ketchikan, Alaska. Sec. 403. Electronic filing of commercial instruments. Sec. 404. Board for correction of military records deadline. Sec. 405. Judicial sale of certain documented vessels to aliens. Sec. 406. Improved authority to sell recyclable material. Sec. 407. Recruitment of women and minorities. Sec. 408. Limitation of certain State authority over vessels. Sec. 409. Vessel financing. Sec. 410. Sense of Congress; requirement regarding notice. Sec. 411. Special selection boards. Sec. 412. Availability of extrajudicial remedies for default on preferred mortgage liens on vessels. Sec. 413. Implementation of water pollution laws with respect to vegetable oil. Sec. 414. Certain information from marine casualty investigations barred in legal proceedings. Sec. 415. Report on LORAN-C requirements. Sec. 416. Limited double hull exemptions. Sec. 417. Oil spill response vessels. Sec. 418. Offshore facility financial responsibility requirements. Sec. 419. Manning and watch requirements on towing vessels on the Great Lakes. Sec. 420. Limitation on application of certain laws to Lake Texoma. Sec. 421. Limitation on consolidation or relocation of Houston and Galveston marine safety offices. Sec. 422. Sense of the Congress regarding funding for Coast Guard. Sec. 423. Conveyance of Light Station, Montauk Point, New York. Sec. 424. Conveyance of Cape Ann Lighthouse, Thachers Island, Massachusetts. Sec. 425. Amendments to Johnson Act. Sec. 426. Transfer of Coast Guard property in Gosnold, Massachusetts. Sec. 427. Transfer of Coast Guard property in New Shoreham, Rhode Island. Sec. 428. Vessel deemed to be a recreational vessel. Sec. 429. Requirement for procurement of buoy chain. Sec. 430. Cruise vessel tort reform. Sec. 431. Limitation on fees and charges with respect to ferries. TITLE V--COAST GUARD REGULATORY REFORM Sec. 501. Short title. Sec. 502. Safety management. Sec. 503. Use of reports, documents, records, and examinations of other persons. Sec. 504. Equipment approval. Sec. 505. Frequency of inspection. Sec. 506. Certificate of inspection. Sec. 507. Delegation of authority of Secretary to classification societies. TITLE VI--DOCUMENTATION OF VESSELS Sec. 601. Authority to issue coastwise endorsements. Sec. 602. Vessel documentation for charity cruises. Sec. 603. Extension of deadline for conversion of vessel M/V TWIN DRILL. Sec. 604. Documentation of vessel RAINBOW'S END. Sec. 605. Documentation of vessel GLEAM. Sec. 606. Documentation of various vessels. Sec. 607. Documentation of 4 barges. Sec. 608. Limited waiver for ENCHANTED ISLE and ENCHANTED SEAS. Sec. 609. Limited waiver for MV PLATTE. TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS Sec. 701. Amendment of inland navigation rules. Sec. 702. Measurement of vessels. Sec. 703. Longshore and harbor workers compensation. Sec. 704. Radiotelephone requirements. Sec. 705. Vessel operating requirements. Sec. 706. Merchant Marine Act, 1920. Sec. 707. Merchant Marine Act, 1956. Sec. 708. Maritime education and training. Sec. 709. General definitions. Sec. 710. Authority to exempt certain vessels. Sec. 711. Inspection of vessels. Sec. 712. Regulations. Sec. 713. Penalties--inspection of vessels. Sec. 714. Application--tank vessels. Sec. 715. Tank vessel construction standards. Sec. 716. Tanker minimum standards. Sec. 717. Self-propelled tank vessel minimum standards. Sec. 718. Definition--abandonment of barges. Sec. 719. Application--load lines. Sec. 720. Licensing of individuals. Sec. 721. Able seamen--limited. Sec. 722. Able seamen--offshore supply vessels. Sec. 723. Scale of employment--able seamen. [[Page S7692]] Sec. 724. General requirements--engine department. Sec. 725. Complement of inspected vessels. Sec. 726. Watchmen. Sec. 727. Citizenship and naval reserve requirements. Sec. 728. Watches. Sec. 729. Minimum number of licensed individuals. Sec. 730. Officers' competency certificates convention. Sec. 731. Merchant mariners' documents required. Sec. 732. Certain crew requirements. Sec. 733. Freight vessels. Sec. 734. Exemptions. Sec. 735. United States registered pilot service. Sec. 736. Definitions--merchant seamen protection. Sec. 737. Application--foreign and intercoastal voyages. Sec. 738. Application--coastwise voyages. Sec. 739. Fishing agreements. Sec. 740. Accommodations for seamen. Sec. 741. Medicine chests. Sec. 742. Logbook and entry requirements. Sec. 743. Coastwise endorsements. Sec. 744. Fishery endorsements. Sec. 745. Clerical amendment. Sec. 746. Repeal of Great Lakes endorsements. Sec. 747. Convention tonnage for licenses, certificates, and documents. TITLE VIII--COAST GUARD AUXILIARY AMENDMENTS Sec. 801. Administration of the Coast Guard Auxiliary. Sec. 802. Purpose of the Coast Guard Auxiliary. Sec. 803. Members of the Auxiliary; status. Sec. 804. Assignment and performance of duties. Sec. 805. Cooperation with other agencies, States, territories, and political subdivisions. Sec. 806. Vessel deemed public vessel. Sec. 807. Aircraft deemed public aircraft. Sec. 808. Disposal of certain material. TITLE I--AUTHORIZATIONS SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Funds are authorized to be appropriated for necessary expenses of the Coast Guard for fiscal year 1996, as follows: (1) For the operation and maintenance of the Coast Guard, $2,618,316,000, 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 offshore facilities, vessels, and aircraft, including equipment related thereto, $428,200,000, to remain available until expended, of which $32,500,000 shall be derived 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 evaluation of technologies, materials, and human factors directly relating to improving the performance of the Coast Guard's mission in support of search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, $22,500,000, to remain available until expended, of which $3,150,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990. (4) For retired pay (including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose), payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $582,022,000. (5) For alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated with the Bridge Alteration Program, $16,200,000, to remain available until expended. (6) For necessary expenses to carry out the Coast Guard's environmental compliance and restoration functions, other than parts and equipment associated with operations and maintenance, under chapter 19 of title 14, United States Code, at Coast Guard facilities, $25,000,000, to remain available until expended. SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING. (a) Active Duty Strength.--The Coast Guard is authorized an end-of-year strength for active duty personnel of 38,400 as of September 30, 1996. (b) Military Training Student Loads.--For fiscal year 1996, the Coast Guard is authorized average military training student loads as follows: (1) For recruit and special training, 1604 student years. (2) For flight training, 85 student years. (3) For professional training in military and civilian institutions, 330 student years. (4) For officer acquisition, 874 student years. SEC. 103. QUARTERLY REPORTS ON DRUG INTERDICTION. Not later than 30 days after the end of each fiscal year quarter, the Secretary of Transportation shall 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 on all expenditures related to drug interdiction activities of the Coast Guard during that quarter. SEC. 104. ENSURING MARITIME SAFETY AFTER CLOSURE OF SMALL BOAT STATION OR REDUCTION TO SEASONAL STATUS. (a) Maritime Safety Determination.--None of the funds authorized to be appropriated under this Act may be used to close Coast Guard multimission small boat stations unless the Secretary of Transportation determines that maritime safety will not be diminished by the closures. (b) Transition Plan Required.--None of the funds appropriated under the authority of this Act may be used to close or reduce to seasonal status a small boat station, unless the Secretary of Transportation, in cooperation with the community affected by the closure or reduction, has developed and implemented a transition plan to ensure that the maritime safety needs of the community will continue to be met. TITLE II--PERSONNEL MANAGEMENT IMPROVEMENT SEC. 201. HURRICANE ANDREW RELIEF. Section 2856 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484) applies to the military personnel of the Coast Guard who were assigned to, or employed at or in connection with, any Federal facility or installation in the vicinity of Homestead Air Force Base, Florida, including the areas of Broward, Collier, Dade, and Monroe Counties, on or before August 24, 1992, except that-- (1) funds available to the Coast Guard, not to exceed a total of $25,000, shall be used; and (2) the Secretary of Transportation shall administer that section with respect to Coast Guard personnel. SEC. 202. EXCLUDE CERTAIN RESERVES FROM END-OF-YEAR STRENGTH. Section 712 of title 14, United States Code, is amended by adding at the end the following: ``(d) Reserve members ordered to active duty under this section shall not be counted in computing authorized strength of members on active duty or members in grade under this title or under any other law.''. SEC. 203. PROVISION OF CHILD DEVELOPMENT SERVICES. Section 93 of title 14, United States Code, is amended by striking ``and'' after the semicolon at the end of paragraph (t)(2), by striking the period at the end of paragraph (u) and inserting ``; and'', and by adding at the end the following new paragraph: ``(v) make child development services available to members of the armed forces and Federal civilian employees under terms and conditions comparable to those under the Military Child Care Act of 1989 (10 U.S.C. 113 note).''. SEC. 204. ACCESS TO NATIONAL DRIVER REGISTER INFORMATION ON CERTAIN COAST GUARD PERSONNEL. (a) Amendment to Title 14.--Section 93 of title 14, United States Code, as amended by section 203, is further amended-- (1) by striking ``and'' after the semicolon at the end of paragraph (u); (2) by striking the period at the end of paragraph (v) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(w) require that any officer, chief warrant officer, or enlisted member of the Coast Guard or Coast Guard Reserve (including a cadet or an applicant for appointment or enlistment to any of the foregoing and any member of a uniformed service who is assigned to the Coast Guard) request that all information contained in the National Driver Register pertaining to the individual, as described in section 30304(a) of title 49, be made available to the Commandant under section 30305(a) of title 49, may receive that information, and upon receipt, shall make the information available to the individual.''. (b) Amendment to Title 49.--Section 30305(b) of title 49, United States Code, is amended by redesignating paragraph (7) as paragraph (8) and inserting after paragraph (6) the following new paragraph: ``(7) An individual who is an officer, chief warrant officer, or enlisted member of the Coast Guard or Coast Guard Reserve (including a cadet or an applicant for appointment or enlistment of any of the foregoing and any member of a uniformed service who is assigned to the Coast Guard) may request the chief driver licensing official of a State to provide information about the individual under subsection (a) of this section to the Commandant of the Coast Guard. The Commandant may receive the information and shall make the information available to the individual. Information may not be obtained from the Register under this paragraph if the information was entered in the Register more than 3 years before the request, unless the information is about a revocation or suspension still in effect on the date of the request.''. SEC. 205. OFFICER RETENTION UNTIL RETIREMENT ELIGIBLE. Section 283(b) of title 14, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; (2) by striking the last sentence; and (3) by adding at the end the following: ``(2) Upon the completion of a term under paragraph (1), an officer shall, unless selected for further continuation-- ``(A) except as provided in subparagraph (B), be honorably discharged with severance pay computed under section 286 of this title; ``(B) in the case of an officer who has completed at least 18 years of active service on the date of discharge under subparagraph (A), be retained on active duty and retired on the last day of the month in which the officer completes 20 years of active service, unless earlier removed under another provision of law; or ``(C) if, on the date specified for the officer's discharge in this section, the officer has completed at least 20 years of active service or is eligible for retirement under any law, be retired on that date.''. TITLE III--NAVIGATION SAFETY AND WATERWAY SERVICES MANAGEMENT SEC. 301. FOREIGN PASSENGER VESSEL USER FEES. Section 3303 of title 46, United States Code, is amended-- [[Page S7693]] (1) in subsection (a) by striking ``(a) Except as'' and inserting ``Except as''; and (2) by striking subsection (b). SEC. 302. FLORIDA AVENUE BRIDGE. For purposes of the alteration of the Florida Avenue Bridge (located approximately 1.63 miles east of the Mississippi River on the Gulf Intracoastal Waterway in Orleans Parish, Louisiana) ordered by the Secretary of Transportation under the Act of June 21, 1940 (33 U.S.C. 511 et seq.; popularly known as the Truman-Hobbs Act), the Secretary of Transportation shall treat the drainage siphon that is adjacent to the bridge as an appurtenance of the bridge, including with respect to apportionment and payment of costs for the removal of the drainage siphon in accordance with that Act. SEC. 303. RENEWAL OF HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE AND LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMITTEE. The Coast Guard Authorization Act of 1991 (Public Law 102- 241, 105 Stat. 2208-2235) is amended-- (1) in section 18 by adding at the end the following: ``(h) The Committee shall terminate on October 1, 2000.''; and (2) in section 19 by adding at the end the following: ``(g) The Committee shall terminate on October 1, 2000.''. SEC. 304. RENEWAL OF THE NAVIGATION SAFETY ADVISORY COUNCIL. (a) Renewal.--Section 5(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended by striking ``September 30, 1995'' and inserting ``September 30, 2000''. (b) Clerical Amendment.--The section heading for section 5(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended by striking ``Rules of the Road Advisory Council'' and inserting ``Navigation Safety Advisory Council''. SEC. 305. RENEWAL OF COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMITTEE. Subsection (e)(1) of section 4508 of title 46, United States Code, is amended by striking ``September 30, 1994'' and inserting ``October 1, 2000''. SEC. 306. NONDISCLOSURE OF PORT SECURITY PLANS. Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), is amended by adding at the end the following new subsection (c): ``(c) Nondisclosure of Port Security Plans.-- Notwithstanding any other provision of law, information related to security plans, procedures, or programs for passenger vessels or passenger terminals authorized under this Act is not required to be disclosed to the public.''. SEC. 307. MARITIME DRUG AND ALCOHOL TESTING PROGRAM CIVIL PENALTY. (a) Penalty Imposed.--Chapter 21 of title 46, United States Code, is amended by adding at the end the following new section: ``Sec. 2115. Civil penalty to enforce alcohol and dangerous drug testing ``Any person who fails to comply with or otherwise violates the requirements prescribed by the Secretary under this subtitle for chemical testing for dangerous drugs or for evidence of alcohol use is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. Each day of a continuing violation shall constitute a separate violation.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 21 of title 46, United States Code, is amended by inserting after the item relating to section 2114 the following new item: ``2115. Civil penalty to enforce alcohol and dangerous drug testing.''. SEC. 308. WITHHOLDING VESSEL CLEARANCE FOR VIOLATION OF CERTAIN ACTS. (a) Title 49, United States Code.--Section 5122 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(c) Withholding of Clearance.--(1) If any owner, operator, or person in charge of a vessel is liable for a civil penalty under section 5123 of this title or for a fine under section 5124 of this title, or if reasonable cause exists to believe that such owner, operator, or person in charge may be subject to such a civil penalty or fine, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91). ``(2) Clearance refused or revoked under this subsection may be granted upon the filing of a bond or other surety satisfactory to the Secretary.''. (b) Port and Waterways Safety Act.--Section 13(f) of the Ports and Waterways Safety Act (33 U.S.C. 1232(f)) is amended to read as follows: ``(f) Withholding of Clearance.--(1) If any owner, operator, or person in charge of a vessel is liable for a penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or person in charge may be subject to a penalty or fine under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91). ``(2) Clearance refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.''. (c) Inland Navigation Rules Act of 1980.--Section 4(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2072(d)) is amended to read as follows: ``(d) Withholding of Clearance.--(1) If any owner, operator, or person in charge of a vessel is liable for a penalty under this section, or if reasonable cause exists to believe that the owner, operator, or person in charge may be subject to a penalty under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91). ``(2) Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.''. (d) Title 46, United States Code.--Section 3718(e) of title 46, United States Code, is amended to read as follows: ``(e)(1) If any owner, operator, or person in charge of a vessel is liable for any penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or person in charge may be subject to any penalty or fine under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91). ``(2) Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.''. SEC. 309. INCREASED CIVIL PENALTIES. (a) Penalty for Failure To Report a Casualty.--Section 6103(a) of title 46, United States Code, is amended by striking ``$1,000'' and inserting ``not more than $25,000''. (b) Operation of Uninspected Vessel in Violation of Manning Requirements.--Section 8906 of title 46, United States Code, is amended by striking ``$1,000'' and inserting ``not more than $25,000''. SEC. 310. AMENDMENT TO REQUIRE EMERGENCY POSITION INDICATING RADIO BEACONS ON THE GREAT LAKES. Paragraph (7) of section 4502(a) of title 46, United States Code, is amended by inserting ``or beyond three nautical miles from the coastline of the Great Lakes'' after ``high seas''. SEC. 311. EXTENSION OF TOWING SAFETY ADVISORY COMMITTEE. Subsection (e) of the Act to establish a Towing Safety Advisory Committee in the Department of Transportation (33 U.S.C. 1231a(e)), is amended by striking ``September 30, 1995'' and inserting ``October 1, 2000''. TITLE IV--MISCELLANEOUS SEC. 401. TRANSFER OF COAST GUARD PROPERTY IN TRAVERSE CITY, MICHIGAN. (a) Requirement.--The Secretary of Transportation (or any other official having control over the property described in subsection (b)) shall expeditiously convey to the Traverse City Area Public School District in Traverse City, Michigan, without consideration, all right, title, and interest of the United States in and to the property described in subsection (b), subject to all easements and other interests in the property held by any other person. (b) Property Described.--The property referred to in subsection (a) is real property located in the city of Traverse City, Grand Traverse County, Michigan, and consisting of that part of the southeast \1/4\ of Section 12, Township 27 North, Range 11 West, described as: Commencing at the southeast \1/4\ corner of said Section 12, thence north 03 degrees 05 minutes 25 seconds east along the East line of said Section, 1074.04 feet, thence north 86 degrees 36 minutes 50 seconds west 207.66 feet, thence north 03 degrees 06 minutes 00 seconds east 572.83 feet to the point of beginning, thence north 86 degrees 54 minutes 00 seconds west 1,751.04 feet, thence north 03 degrees 02 minutes 38 seconds east 330.09 feet, thence north 24 degrees 04 minutes 40 seconds east 439.86 feet, thence south 86 degrees 56 minutes 15 seconds east 116.62 feet, thence north 03 degrees 08 minutes 45 seconds east 200.00 feet, thence south 87 degrees 08 minutes 20 seconds east 68.52 feet, to the southerly right-of-way of the C & O Railroad, thence south 65 degrees 54 minutes 20 seconds east along said right-of-way 1508.75 feet, thence south 03 degrees 06 minutes 00 seconds west 400.61 to the point of beginning, consisting of 27.10 acres of land, and all improvements located on that property including buildings, structures, and equipment. (c) Reversionary Interest.--In addition to any term or condition established pursuant to subsection (a), any conveyance of property described in subsection (b) shall be subject to the condition that all right, title, and interest in and to the property so conveyed shall immediately revert to the United States if the property, or any part thereof, ceases to be used by the Traverse City School District. SEC. 402. TRANSFER OF COAST GUARD PROPERTY IN KETCHIKAN, ALASKA. (a) Conveyance Requirement.--The Secretary of Transportation shall convey to the Ketchikan Indian Corporation in Ketchikan, Alaska, without reimbursement and by no later than 120 days after the date of enactment of this Act, all right, title, and interest of the United States in and to the property known as the ``Former Marine Safety Detachment'' as identified in Report of Excess Number CG-689 (GSA Control Number 9-U-AK-0747) and described in subsection (b), for use by the Ketchikan Indian Corporation as a health or social services facility. (b) Property Described.--The property referred to in subsection (a) is real property located in the city of Ketchikan, Township 75 south, range 90 east, Copper River Meridian, First Judicial District, State of Alaska, and commencing at corner numbered 10, United States [[Page S7694]] Survey numbered 1079, the true point of beginning for this description: Thence north 24 degrees 04 minutes east, along the 10-11 line of said survey a distance of 89.76 feet to corner numbered 1 of lot 5B; thence south 65 degrees 56 minutes east a distance of 345.18 feet to corner numbered 2 of lot 5B; thence south 24 degrees 04 minutes west a distance of 101.64 feet to corner numbered 3 of lot 5B; thence north 64 degrees 01 minute west a distance of 346.47 feet to corner numbered 10 of said survey, to the true point of beginning, consisting of 0.76 acres (more or less), and all improvements located on that property, including buildings, structures, and equipment. (c) Reversionary Interest.--In addition to any term or condition established pursuant to subsection (a), any conveyance of property described in subsection (b) shall be subject to the condition that all right, title, and interest in and to the property so conveyed shall immediately revert to the United States if the property, or any part thereof, ceases to be used by the Ketchikan Indian Corporation as a health or social services facility. SEC. 403. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS. Section 31321(a) of title 46, United States Code, is amended by adding at the end the following new paragraph: ``(4)(A) A bill of sale, conveyance, mortgage, assignment, or related instrument may be filed electronically under regulations prescribed by the Secretary. ``(B) A filing made electronically under subparagraph (A) shall not be effective after the 10-day period beginning on the date of the filing unless the original instrument is provided to the Secretary within that 10-day period.''. SEC. 404. BOARD FOR CORRECTION OF MILITARY RECORDS DEADLINE. (a) Remedies Deemed Exhausted.--Ten months after a complete application for correction of military records is received by the Board for Correction of Military Records of the Coast Guard, administrative remedies are deemed to have been exhausted, and-- (1) if the Board has rendered a recommended decision, its recommendation shall be final agency action and not subject to further review or approval within the Department of Transportation; or (2) if the Board has not rendered a recommended decision, agency action is deemed to have been unreasonably delayed or withheld and the applicant is entitled to-- (A) an order under section 706(1) of title 5, United States Code, directing final action be taken within 30 days from the date the order is entered; and (B) from amounts appropriated to the Department of Transportation, the costs of obtaining the order, including a reasonable attorney's fee. (b) Existing Deadline Mandatory.--The 10-month deadline established in section 212 of the Coast Guard Authorization Act of 1989 (Public Law 101-225, 103 Stat. 1914) is mandatory. (c) Application.--This section applies to all applications filed with or pending before the Board or the Secretary of Transportation on or after June 12, 1990. For applications that were pending on June 12, 1990, the 10-month deadline referred to in subsection (b) shall be calculated from June 12, 1990. SEC. 405. JUDICIAL SALE OF CERTAIN DOCUMENTED VESSELS TO ALIENS. Section 31329 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(f) This section does not apply to a documented vessel that has been operated only-- ``(1) as a fishing vessel, fish processing vessel, or fish tender vessel; or ``(2) for pleasure.''. SEC. 406. IMPROVED AUTHORITY TO SELL RECYCLABLE MATERIAL. Section 641(c)(2) of title 14, United States Code, is amended by inserting before the period the following: ``, except that the Commandant may conduct sales of materials for which the proceeds of sale will not exceed $5,000 under regulations prescribed by the Commandant''. SEC. 407. RECRUITMENT OF WOMEN AND MINORITIES. Not later than January 31, 1996, the Commandant of the Coast Guard shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, on the status of and the problems in recruitment of women and minorities into the Coast Guard. The report shall contain specific plans to increase the recruitment of women and minorities and legislative recommendations needed to increase the recruitment of women and minorities. SEC. 408. LIMITATION OF CERTAIN STATE AUTHORITY OVER VESSELS. (a) Short Title.--This section may be cited as the ``California Cruise Industry Revitalization Act''. (b) Limitation.--Section 5(b)(2) of the Act of January 2, 1951 (15 U.S.C. 1175(b)(2)), commonly referred to as the ``Johnson Act'', is amended by adding at the end the following: ``(C) Exclusion of certain voyages and segments.--Except for a voyage or segment of a voyage that occurs within the boundaries of the State of Hawaii, a voyage or segment of a voyage is not described in subparagraph (B) if it includes or consists of a segment-- ``(i) that begins and ends in the same State; ``(ii) that is part of a voyage to another State or to a foreign country; and ``(iii) in which the vessel reaches the other State or foreign country within 3 days after leaving the State in which it begins.''. SEC. 409. VESSEL FINANCING. (a) Documentation Citizen Eligible Mortgagee.--Section 31322(a)(1)(D) of title 46, United States Code, is amended-- (1) by striking ``or'' at the end of 31322(a)(1)(D)(v) and inserting ``or'' at the end of 31322(a)(1)(D)(vi); and (2) by adding at the end a new subparagraph as follows: ``(vii) a person eligible to own a documented vessel under chapter 121 of this title.''. (b) Amendment to Trustee Restrictions.--Section 31328(a) of title 46, United States Code, is amended-- (1) by striking ``or'' at the end of 31328(a)(3) and inserting ``or'' at the end of 31328(a)(4); and (2) by adding at the end a new subparagraph as follows: ``(5) is a person eligible to own a documented vessel under chapter 121 of this title.''. (c) Lease Financing.--Section 12106 of title 46, United States Code, is amended by adding at the end the following new subsections: ``(e)(1) A certificate of documentation for a vessel may be endorsed with a coastwise endorsement if-- ``(A) the vessel is eligible for documentation under section 12102; ``(B) the person that owns the vessel, a parent entity of that person, or a subsidiary of a parent entity of that person, is engaged in lease financing; ``(C) the vessel is under a demise charter to a person qualifying as a citizen of the United States for engaging in the coastwise trade under section 2 of the Shipping Act, 1916; ``(D) the demise charter is for-- ``(i) a period of at least 3 years; or ``(ii) a shorter period as may be prescribed by the Secretary; and ``(E) the vessel is otherwise qualified under this section to be employed in the coastwise trade. ``(2) Upon default by a bareboat charterer of a demise charter required under paragraph (1)(D), the coastwise endorsement of the vessel may, in the sole discretion of the Secretary, be continued after the termination for default of the demise charter for a period not to exceed 6 months on terms and conditions as the Secretary may prescribe. ``(3) For purposes of section 2 of the Shipping Act, 1916, and section 12102(a) of this title, a vessel meeting the criteria of subsection is deemed to be owned exclusively by citizens of the United States.''. (d) Conforming Amendment.--Section 9(c) of the Shipping Act, 1916, as amended (46 App. U.S.C. 808(c)) is amended by inserting ``12106(e),'' after the word ``sections'' and before 31322(a)(1)(D). SEC. 410. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE. (a) Purchase of American-Made Equipment and Products.--It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Act should be American-made. (b) Notice to Recipients of Assistance.--In providing financial assistance under this Act, the official responsible for providing the assistance, to the greatest extent practicable, shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress. SEC. 411. SPECIAL SELECTION BOARDS. (a) Requirement.--Chapter 21 of title 14, United States Code, is amended by adding at the end the following new section: ``Sec. 747. Special selection boards ``(a) The Secretary shall provide for special selection boards to consider the case of any officer who is eligible for promotion who-- ``(1) was not considered for selection for promotion by a selection board because of administrative error; or ``(2) was considered for selection for promotion by a selection board but not selected because-- ``(A) the action of the board that considered the officer was contrary to law or involved a material error of fact or material administrative error; or ``(B) the board that considered the officer did not have before it for its consideration material information. ``(b) Not later than 6 months after the date of the enactment of the Coast Guard Authorization Act For Fiscal Year 1996, the Secretary shall issue regulations to implement this section. The regulations shall conform, as appropriate, to the regulations and procedures issued by the Secretary of Defense for special selection boards under section 628 of title 10, United States Code.''. (b) Clerical Amendment.--The table of sections for chapter 21 of title 14, United States Code, is amended by adding after the item for section 746 the following: ``747. Special selection boards.''. SEC. 412. AVAILABILITY OF EXTRAJUDICIAL REMEDIES FOR DEFAULT ON PREFERRED MORTGAGE LIENS ON VESSELS. (a) Availability of Extrajudicial Remedies.--Section 31325(b) of title 46, United States Code, is amended-- (1) in the matter preceding paragraph (1) by striking ``mortgage may'' and inserting ``mortgagee may''; (2) in paragraph (1) by-- (A) striking ``perferred'' and inserting ``preferred''; and (B) striking ``; and'' and inserting a semicolon; and (3) by adding at the end the following: ``(3) enforce the preferred mortgage lien or a claim for the outstanding indebtedness secured by the mortgaged vessel, or both, by exercising any other remedy (including an extrajudicial remedy) against a documented vessel, a vessel for which an application for documentation is filed under chapter 121 of this title, a foreign vessel, or a mortgagor, maker, comaker, or guarantor for the amount of the outstanding indebtedness or any deficiency in full payment of that indebtedness, if-- [[Page S7695]] ``(A) the remedy is allowed under applicable law; and ``(B) the exercise of the remedy will not result in a violation of section 9 or 37 of the Shipping Act, 1916 (46 App. U.S.C. 808, 835).''. (b) Notice.--Section 31325 of title 46, United States Code, is further amended by adding at the end the following: ``(f)(1) Before title to the documented vessel or vessel for which an application for documentation is filed under chapter 121 is transferred by an extrajudicial remedy, the person exercising the remedy shall give notice of the proposed transfer to the Secretary, to the mortgagee of any mortgage on the vessel filed in substantial compliance with section 31321 of this title before notice of the proposed transfer is given to the Secretary, and to any person that recorded a notice of a claim of an undischarged lien on the vessel under section 31343(a) or (d) of this title before notice of the proposed transfer is given to the Secretary. ``(2) Failure to give notice as required by this subsection shall not affect the transfer of title to a vessel. However, the rights of any holder of a maritime lien or a preferred mortgage on the vessel shall not be affected by a transfer of title by an extrajudicial remedy exercised under this section, regardless of whether notice is required by this subsection or given. ``(3) The Secretary shall prescribe regulations establishing the time and manner for providing notice under this subsection.''. (c) Rule of Construction.--The amendments made by subsections (a) and (b) may not be construed to imply that remedies other than judicial remedies were not available before the date of enactment of this section to enforce claims for outstanding indebtedness secured by mortgaged vessels. SEC. 413. IMPLEMENTATION OF WATER POLLUTION LAWS WITH RESPECT TO VEGETABLE OIL. (a) Differentiation Among Fats, Oils, and Greases.-- (1) In general.--In issuing or enforcing a regulation, an interpretation, or a guideline relating to a fat, oil, or grease under a Federal law related to water pollution control, the head of a Federal agency shall-- (A) differentiate between and establish separate classes for-- (i)(I) animal fats; and (II) vegetable oils; and (ii) other oils, including petroleum oil; and (B) apply different standards to different classes of fat and oil as provided in paragraph (2). (2) Considerations.--In differentiating between the classes of animal fats and vegetable oils referred to in paragraph (1)(A)(i) and the classes of oils described in paragraph (1)(A)(ii), the head of a Federal agency shall consider differences in physical, chemical, biological, and other properties, and in the environmental effects, of the classes. (b) Financial Responsibility.-- (1) Limits on liability.--Section 1004(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) is amended by striking ``for a tank vessel,'' and inserting ``for a tank vessel carrying oil in bulk as cargo or cargo residue (except a tank vessel on which the only oil carried is an animal fat or vegetable oil, as those terms are defined in section 413(c) of the Coast Guard Authorization Act for Fiscal Year 1996),''. (2) Financial responsibility.--The first sentence of section 1016(a) of the Act (33 U.S.C. 2716(a)) is amended by striking ``, in the case of a tank vessel, the responsible party could be subject under section 1004(a)(1) or (d) of this Act, or to which, in the case of any other vessel, the responsible party could be subjected under section 1004(a)(2) or (d)'' and inserting ``the responsible party could be subjected under section 1004(a) or (d) of this Act''. (c) Definitions.--In this section, the following definitions apply: (1) Animal fat.--The term ``animal fat'' means each type of animal fat, oil, or grease, including fat, oil, or grease from fish or a marine mammal and any fat, oil, or grease referred to in section 61(a)(2) of title 13, United States Code. (2) Vegetable oil.--The term ``vegetable oil'' means each type of vegetable oil, including vegetable oil from a seed, nut, or kernel and any vegetable oil referred to in section 61(a)(1) of title 13, United States Code. SEC. 414. CERTAIN INFORMATION FROM MARINE CASUALTY INVESTIGATIONS BARRED IN LEGAL PROCEEDINGS. (a) In General.--Title 46, United States Code, is amended by inserting after section 6307 the following new section: ``Sec. 6308. Information barred in legal proceedings ``(a) Notwithstanding any other provision of law, any opinion, recommendation, deliberation, or conclusion contained in a report of a marine casualty investigation conducted under section 6301 of this title with respect to the cause of, or factors contributing to, the casualty set forth in the report of the investigation is not admissible as evidence or subject to discovery in any civil, administrative, or State criminal proceeding arising from a marine casualty, other than with the permission and consent of the Secretary of Transportation, in his or her sole discretion. Any employee of the United States or military member of the Coast Guard investigating a marine casualty or assisting in any such investigation conducted pursuant to section 6301 of this title, shall not be subject to deposition or other discovery, or otherwise testify or give information in such proceedings relevant to a marine casualty investigation, without the permission and consent of the Secretary of Transportation in his or her sole discretion. In exercising this discretion in cases where the United States is a party, the Secretary shall not withhold permission for an employee to testify solely on factual matters where the information is not available elsewhere or is not obtainable by other means. Nothing in this section prohibits the United States from calling an employee as an expert witness to testify on its behalf. ``(b) The information referred to in subsection (a) of this section shall not be considered an admission of liability by the United States or by any person referred to in those conclusions or statements.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 63 of title 46, United States Code, is amended by adding after the item related to section 6307 the following: ``6308. Information barred in legal proceedings.''. SEC. 415. REPORT ON LORAN-C REQUIREMENTS. Not later than 6 months after the date of the enactment of this Act, the Secretary of Transportation shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science and Transportation of the Senate, prepared in consultation with users of the LORAN-C radionavigation system, defining the future use of and funding for operations, maintenance, and upgrades of the LORAN-C radionavigation system. The report shall address the following: (1) An appropriate timetable for transition from ground- based radionavigation technology after it is determined that satellite-based technology is available as a sole means of safe and efficient navigation. (2) The need to ensure that LORAN-C technology purchased by the public before the year 2000 has a useful economic life. (3) The benefits of fully utilizing the compatibilities of LORAN-C technology and satellite-based technology by all modes of transportation. (4) The need for all agencies in the Department of Transportation and other relevant Federal agencies to share the Federal Government's costs related to LORAN-C technology. SEC. 416. LIMITED DOUBLE HULL EXEMPTIONS. Section 3703a(b) of title 46, United States Code, is amended by-- (1) striking ``or'' at the end of paragraph (2); (2) striking the period at the end of paragraph (3) and inserting a semicolon; and (3) adding at the end the following new paragraphs: ``(4) a vessel equipped with a double hull before August 12, 1992; ``(5) a barge of less than 2,000 gross tons that is primarily used to carry deck cargo and bulk fuel to Native villages (as that term is defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1601)) located on or adjacent to bays or rivers above 58 degrees north latitude; or ``(6) a vessel in the National Defense Reserve Fleet pursuant to section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744).''. SEC. 417. OIL SPILL RESPONSE VESSELS. (a) Definition.--Section 2101 of title 46, United States Code, is amended-- (1) by redesignating paragraph (20a) as paragraph (20b); and (2) by inserting after paragraph (20) the following new paragraph: ``(20a) `oil spill response vessel' means a vessel that is designated in its certificate of inspection as such a vessel, or that is adapted to respond to a discharge of oil or a hazardous material.''. (b) Exemption From Liquid Bulk Carriage Requirements.-- Section 3702 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(f) This chapter does not apply to an oil spill response vessel if-- ``(1) the vessel is used only in response-related activities; or ``(2) the vessel is-- ``(A) not more than 500 gross tons; ``(B) designated in its certificate of inspection as an oil spill response vessel; and ``(C) engaged in response-related activities.''. (c) Manning.--Section 8104(p) of title 46, United States Code, is amended to read as follows: ``(p) The Secretary may prescribe the watchstanding requirements for an oil spill response vessel.''. (d) Minimum Number of Licensed Individuals.--Section 8301(e) of title 46, United States Code, is amended to read as follows: ``(e) The Secretary may prescribe the minimum number of licensed individuals for an oil spill response vessel.''. (e) Merchant Mariner Document Requirements.--Section 8701(a) of title 46, United States Code, is amended by striking ``and'' after the semicolon at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``; and'', and by adding at the end the following new paragraph: ``(9) the Secretary may prescribe the individuals required to hold a merchant mariner's document serving onboard an oil spill response vessel.''. (f) Exemption From Towing Vessel Requirement.--Section 8905 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(c) Section 8904 of this title does not apply to an oil spill response vessel while engaged in oil spill response or training activities.''. (g) Inspection Requirement.--Section 3301 of title 46, United States Code, is amended by adding at the end the following new paragraph: ``(14) oil spill response vessels.''. SEC. 418. OFFSHORE FACILITY FINANCIAL RESPONSIBILITY REQUIREMENTS. (a) Definition of Responsible Party.--Section 1001(32)(C) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(32)(C)) is amended by striking ``applicable State law or'' and inserting ``applicable State law relating to exploring for, producing, or transporting oil on submerged lands on the Outer Continental Shelf in accordance with a license or permit issued for such purpose, or under''. [[Page S7696]] (b) Amount of Financial Responsibility.--Section 1016(c)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2716(c)(1)) is amended to read as follows: ``(1) In general.-- ``(A) Evidence of financial responsibility required.-- Except as provided in paragraph (2), each responsible party with respect to an offshore facility described in section 1001(32)(C) located seaward of the line of ordinary low water along that portion of the coast that is in direct contact with the open sea and the line marking the seaward limit of inland waters that is-- ``(i) used for exploring for, producing, or transporting oil; and ``(ii) has the capacity to transport, store, transfer, or otherwise handle more than 1,000 barrels of oil at any one time, shall establish and maintain evidence of financial responsibility in the amount required under subparagraph (B) or (C), applicable. ``(B) Amount required generally.--Except as provided in subparagraph (C), for purposes of subparagraph (A) the amount of financial responsibility required is $35,000,000. ``(C) Greater amount.--If the President determines that an amount of financial responsibility greater than the amount required by subparagraph (B) is necessary for an offshore facility, based on an assessment of the risk posed by the facility that includes consideration of the relative operational, environmental, human health, and other risks posed by the quantity or quality of oil that is transported, stored, transferred, or otherwise handled by the facility, the amount of financial responsibility required shall not exceed $150,000,000 determined by the President on the basis of clear and convincing evidence that the risks posed justify the greater amount. ``(D) Multiple facilities.--In a case in which a person is responsible for more than one facility subject to this subsection, evidence of financial responsibility need be established only to meet the amount applicable to the facility having the greatest financial responsibility requirement under this subsection. ``(E) Guarantee method.--Except with respect of financial responsibility established by the guarantee method, subsection (f) shall not apply with respect to this subsection.''. SEC. 419. MANNING AND WATCH REQUIREMENTS ON TOWING VESSELS ON THE GREAT LAKES. (a) Section 8104(c) of title 46, United States Code, is amended-- (1) by striking ``or permitted''; and (2) by inserting after ``day'' the following: ``or permitted to work more than 15 hours in any 24-hour period, or more than 36 hours in any 72-hour period''. (b) Section 8104(e) of title 46, United States Code, is amended by striking ``subsections (c) and (d)'' and inserting ``subsection (d)''. (c) Section 8104(g) of title 46, United States Code, is amended by striking ``(except a vessel to which subsection (c) of this section applies)''. SEC. 420. LIMITATION ON APPLICATION OF CERTAIN LAWS TO LAKE TEXOMA. (a) Limitation.--The laws administered by the Coast Guard relating to documentation or inspection of vessels or licensing or documentation of vessel operators do not apply to any small passenger vessel operating on Lake Texoma. (b) Definitions.--In this section: (1) The term ``Lake Texoma'' means the impoundment by that name on the Red River, located on the border between Oklahoma and Texas. (2) The term ``small passenger vessel'' has the meaning given that term in section 2101 of title 46, United States Code. SEC. 421. LIMITATION ON CONSOLIDATION OR RELOCATION OF HOUSTON AND GALVESTON MARINE SAFETY OFFICES. The Secretary of Transportation may not consolidate or relocate the Coast Guard Marine Safety Offices in Galveston, Texas, and Houston, Texas. SEC. 422. SENSE OF THE CONGRESS REGARDING FUNDING FOR COAST GUARD. It is the sense of the Congress that in appropriating amounts for the Coast Guard, the Congress should appropriate amounts adequate to enable the Coast Guard to carry out all extraordinary functions and duties the Coast Guard is required to undertake in addition to its normal functions established by law. SEC. 423. CONVEYANCE OF LIGHT STATION, MONTAUK POINT, NEW YORK. (a) Conveyance Requirement.-- (1) Requirement.--The Secretary of Transportation shall convey to the Montauk Historical Association in Montauk, New York, by an appropriate means of conveyance, all right, title, and interest of the United States in and to property comprising Light Station Montauk Point, located at Montauk, New York. (2) Determination of property.--The Secretary may identify, describe, and determine the property to be conveyed pursuant to this section. (b) Terms of Conveyance.-- (1) In general.--A conveyance of property pursuant to this section shall be made-- (A) without the payment of consideration; and (B) subject to the conditions required by paragraphs (3) and (4) and such other terms and conditions as the Secretary may consider appropriate. (2) Reversionary interest.--Any conveyance of property pursuant to this section shall be subject to the condition that all right, title, and interest in the Montauk Light Station shall immediately revert to the United States if the Montauk Light Station ceases to be maintained as a nonprofit center for public benefit for the interpretation and preservation of the material culture of the United States Coast Guard, the maritime history of Montauk, New York, and Native American and colonial history. (3) Maintenance of navigation and functions.--Any conveyance of property pursuant to this section shall be subject to such conditions as the Secretary considers to be necessary to assure that-- (A) the light, antennas, sound signal, and associated lighthouse equipment located on the property conveyed, which are active aids to navigation, shall continue to be operated and maintained by the United States for as long as they are needed for this purpose; (B) the Montauk Historical Association may not interfere or allow interference in any manner with such aids to navigation without express written permission from the United States; (C) there is reserved to the United States the right to replace, or add any aids to navigation, or make any changes to the Montauk Lighthouse as may be necessary for navigation purposes; (D) the United States shall have the right, at any time, to enter the property conveyed without notice for the purpose of maintaining navigation aids; (E) the United States shall have an easement of access to such property for the purpose of maintaining the navigational aids in use on the property; and (F) the Montauk Light Station shall revert to the United States at the end of the 30-day period beginning on any date on which the Secretary of Transportation provides written notice to the Montauk Historical Association that the Montauk Light Station is needed for national security purposes. (4) Maintenance of light station.--Any conveyance of property under this section shall be subject to the condition that the Montauk Historical Association shall maintain the Montauk Light Station in accordance with the provisions of the National Historic Preservation Act (16 U.S.C. 470 et seq.) and other applicable laws. (5) Limitation on obligations of montauk historical association.--The Montauk Historical Association shall not have any obligation to maintain any active aid to navigation equipment on property conveyed pursuant to this section. (c) Definitions.--For purposes of this section-- (1) the term ``Montauk Light Station'' means the Coast Guard light station known as the Light Station Montauk Point, located at Montauk, New York, including the keeper's dwellings, adjacent Coast Guard rights-of-way, the World War II submarine spotting tower, the lighthouse tower, and the paint locker; and (2) the term ``Montauk Lighthouse'' means the Coast Guard lighthouse located at the Montauk Light Station. SEC. 424. CONVEYANCE OF CAPE ANN LIGHTHOUSE, THACHERS ISLAND, MASSACHUSETTS. (a) Authority To Convey.-- (1) In general.--The Secretary of Transportation shall convey to the town of Rockport, Massachusetts, by an appropriate means of conveyance, all right, title, and interest of the United States in and to the property comprising the Cape Ann Lighthouse, located on Thachers Island, Massachusetts. (2) Identification of property.--The Secretary may identify, describe, and determine the property to be conveyed