101st CONGRESS
1st Session
H. R. 2459
AMENDMENT
HR 2459 EAH
In the Senate of the United States,
November 20, 1989.
Resolved, That the House agree to the amendment of the Senate to the bill
(H.R. 2459) entitled `An Act to authorize appropriations for the Coast
Guard for fiscal year 1990, and for other purposes', with the following
AMENDMENT:

e61f2aad98ce31bb5035dbc07acc9104a46db20b5e23bb56851ba979a590f386

This Act may be cited as the `Coast Guard Authorization Act of 1989'.

13792e69821ba4f72a850adf72aaa7816e27544000ca6150625d7b2000dbc6a2

Funds are authorized to be appropriated for necessary expenses of the
Coast Guard for fiscal year 1990, as follows:
(1) OPERATION AND MAINTENANCE- For the operation and maintenance of the
Coast Guard, $2,312,200,000.
(2) ACQUISITION AND CONSTRUCTION- For the acquisition, construction,
rebuilding, and improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including related equipment, $746,300,000
of which up to $20,000,000 shall be used to rehabilitate the Coast Guard
Cutter Mackinaw, and additional sums as may be necessary to carry out the
Coast Guard icebreaker ship program and the Coast Guard patrol boat program,
to remain available until expended.
(3) RESEARCH AND DEVELOPMENT- For research, development, test, and
evaluation, $29,000,000, to remain available until expended.
(4) RETIREMENT BENEFITS- 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,
$420,800,000, to remain available until expended.
(5) ALTERATION OR REMOVAL OF BRIDGES- For alteration or removal of bridges
over navigable waters of the United States constituting obstructions to
navigation, $2,300,000.

e1f8dc7ad84858f3ba7eb438aeac02804eac7af6bd83cbbcb49894dc578007c8

TITLE I

-AUTHORIZATIONS

Funds are authorized to be appropriated for necessary expenses of the
Coast Guard for fiscal year 1991, as follows:
(1) OPERATION AND MAINTENANCE- For the operation and maintenance of the
Coast Guard, $2,381,500,000.
(2) ACQUISITION AND CONSTRUCTION- For the acquisition, construction,
rebuilding, and improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including related equipment, $501,800,000,
to remain available until expended.
(3) RESEARCH AND DEVELOPMENT- For research, development, test, and
evaluation, $29,000,000, to remain available until expended.
(4) RETIREMENT BENEFITS- For retired pay, including the payment of
obligations otherwise chargeable to lapsed appropriations for this purpose
and payments under the Retired Serviceman's Family Protection and Survivor
Benefit Plans, and for payments for medical care of retired personnel
and their dependents under chapter 55 of title 10, United States Code,
$451,200,000, to remain available until expended.
(5) ALTERATION OR REMOVAL OF BRIDGES- For alteration or removal of bridges
over navigable waters of the United States constituting obstructions to
navigation, $7,500,000.

7e4f91411bb22b8363b8e9f5a8b04870d76541ac5b4a8d94af2904b7c3427a61

FISCAL YEAR 1990.
(a) ACTIVE DUTY PERSONNEL- As of September 30, 1990, the Coast Guard is
authorized an end-of-year strength for active duty personnel of 38,750. This
authorized strength does not include members of the Ready Reserve called
to active duty under section 712 of title 14, United States Code.
(b) STUDENT LOADS- For fiscal year 1990, the Coast Guard is authorized
average military training student loads as follows:
(1) RECRUIT AND SPECIAL TRAINING- For recruit and special training, 2,687
student years.
(2) FLIGHT TRAINING- For flight training, 110 student years.
(3) PROFESSIONAL TRAINING- For professional training in military and
civilian institutions, 390 student years.
(4) OFFICER ACQUISITION- For officer acquisition, 900 student years.

ae36ad17a228f8459720fe8ab39623d68c22a7fb588ec68971cd5b4a2a8f48ae

FISCAL YEAR 1991.
(a) ACTIVE DUTY PERSONNEL- As of September 30, 1991, the Coast Guard is
authorized an end-of-year strength for active duty personnel of 39,300. This
authorized strength does not include members of the Ready Reserve called
to active duty under section 712 of title 14, United States Code.
(b) STUDENT LOADS- For fiscal year 1991, the Coast Guard is authorized
average military training student loads as follows:
(1) RECRUIT AND SPECIAL TRAINING- For recruit and special training, 2,787
student years.
(2) FLIGHT TRAINING- For flight training, 110 student years.
(3) PROFESSIONAL TRAINING- For professional training in military and
civilian institutions, 390 student years.
(4) OFFICER ACQUISITION- For officer acquisition, 900 student years.

1dffccceeb06abda4203a26ea25c25a9a390bdb7e2eb8a50ebb79f12fb85c765

EXTENSION OF TOWING SAFETY ADVISORY COMMITTEE.
(a) Rules of the Road Advisory Council-
(1) MODIFICATION AND EXTENSION- Section 5 of the Inland Navigational Rules
Act of 1980 (33 U.S.C. 2073) is amended as follows:
(A) Subsection (a) is amended by striking `Rules of the Road Advisory
Council' and inserting `Navigation Safety Advisory Council'.
(B) Subsection (b) is amended to read as follows:
`(b) The Council shall advise, consult with, and make recommendations to the
Secretary on matters relating to the prevention of collisions, rammings,
and groundings, including the Inland Rules of the Road, the International
Rules of the Road, navigation regulations and equipment, routing measures,
marine information, diving safety, and aids to navigation systems. Any advice
or recommendation made by the Council to the Secretary shall reflect the
independent judgment of the Council on the matter concerned. The Council
shall meet at the call of the Secretary, but in any event not less than
twice during each calendar year. All proceedings of the Council shall
be public, and a record of the proceedings shall be made available for
public inspection.'.
(C) Subsection (d) is amended by striking `September 30, 1990' and inserting
`September 30, 1995'.
(2) REFERENCES- Each reference to the Rules of the Road Advisory Council in
a law, regulation, order, document, record, or paper of the United States
is deemed to be a reference to the Navigation Safety Advisory Council.
(b) TOWING SAFETY COMMITTEE- Subsection (e) of the Act entitled `An
Act to establish a Towing Safety Advisory Committee in the Department of
Transportation', approved October 6, 1980 (33 U.S.C. 2131a(e)), is amended
by striking `September 30, 1990' and inserting `September 30, 1995'.

6b1b296e466abfb1aec3a9cf1b05589546478b4ea20bd990ff9f987131d38ca8

Section 4508 of title 46, United States Code, is amended by adding at the
end of subsection (b)(2) the following: `The Secretary may not seek or use
information concerning the political affiliation of individuals in making
appointments to the Committee.'

82971d58d2effcf2531fe1fa1ff537dd7586aec7f00f317e21ff8bd109ce6ccf

The Act To Prevent Pollution from Ships (33 U.S.C. 1901-1912) is amended--
(1) in section 6(c)(1), by striking `Annex V' and inserting `Annex I and
Annex II';
(2) in section 8(c)(1), by inserting `or of this Act' after `Convention'; and
(3) in section 8(e)(2), by inserting `or of this Act' after `MARPOL
Protocol'.

b024c119fc3545a4e3b7cdbbc8d7326eb5f9197be15b72774c6cbc1f2d22fab4

TITLE II

-PROGRAMS

WHISTLEBLOWERS.
Section 1034 of title 10, United States Code, is amended--
(1) in subsection (c)(1), by inserting `when the Coast Guard is not
operating as a service in the Navy' immediately after `in the case of a
member of the Coast Guard';
(2) in subsection (c)(5), by inserting `(or to the Secretary of
Transportation in the case of a member of the Coast Guard when the Coast
Guard is not operating as a service in the Navy)' immediately after `to
the Secretary of Defense';
(3) in subsection (c)(6), by inserting `(or to the Secretary of
Transportation in the case of a member of the Coast Guard when the Coast
Guard is not operating as a service in the Navy)' immediately after `to
the Secretary of Defense'; and
(4) in the first sentence of subsection (e), by inserting `(except for
a member or former member of the Coast Guard when the Coast Guard is not
operating as a service in the Navy)' immediately after `former member of
the armed forces'.

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AND RETIREMENT OF COAST GUARD PERSONNEL.
Title 14, United States Code, is amended--
(1) in section 52, by inserting `or admiral' immediately after `to another
position as a vice admiral';
(2) in section 271(e), by inserting at the end of the first sentence,
`except that advice and consent is not required for appointments under
this section in the grade of lieutenant (junior grade) or lieutenant'
immediately after `consent of the Senate';
(3) in section 289(c), by striking `no less than 75 percent' and inserting
`no less than 50 percent';
(4) in section 736(c), by adding at the end the following new sentence:
`However, the Secretary may adjust the date of appointment--
`(1) if a delay in the finding required under section 734(a) of this title
is beyond the control of the officer and the officer is otherwise qualified
for promotion; or
`(2) for any other reason that equity requires.'; and
(5) in section 741(a), by inserting `who have 18 years or more of service for
retirement and are' after `in an active status' the third time it appears.

9484db8b730400fb96c5c50f3e99ef6c43d80ff96eb8107e3ea46759ede02a13

PROGRAM.
(a) IN GENERAL- The Secretary of the department in which the Coast Guard
is operating (hereinafter in this section referred to as the `Secretary')
may carry out a pilot program to establish and maintain a junior reserve
officers training program in cooperation with the Dade County Public
School System of Dade County, Florida, as part of the Maritime and Science
Technology Academy established by that school system (hereinafter in this
section referred to as the `Academy').
(b) PROGRAM REQUIREMENTS- A pilot program carried out by the Secretary
under this section--
(1) shall be known as the `Claude Pepper Junior Reserve Officers Training
Program', and
(2) shall provide to students at the Academy--
(A) instruction in subject areas relating to operations of the Coast
Guard; and
(B) training in skills which are useful and appropriate for a career in
the Coast Guard.
(c) PROVISION OF ADDITIONAL SUPPORT- To carry out a pilot program under
this section, the Secretary may provide to the Academy--
(1) assistance in course development, instruction, and other support
activities;
(2) commissioned, warrant, and petty officers of the Coast Guard to serve
as administrators and instructors; and
(3) necessary and appropriate course materials, equipment, and uniforms.
(d) Employment of Retired Coast Guard Personnel-
(1) IN GENERAL- Subject to paragraph (2) of this subsection, the Secretary
may authorize the Academy to employ as administrators and instructors for
the pilot program retired Coast Guard and Coast Guard Reserve commissioned,
warrant, and petty officers who request that employment and who are approved
by the Secretary and the Academy.
(2) AUTHORIZED PAY- (A) Retired members employed under paragraph (1) of
this subsection are entitled to receive their retired or retainer pay and
an additional amount of not more than the difference between--
(i) the amount the individual would be paid as pay and allowance if they
were considered to have been ordered to active duty during that period of
employment; and
(ii) the amount of retired pay the individual is entitled to receive during
that period.
(B) The Secretary shall pay to the Academy an amount equal to one half
of the amount described in subparagraph (A) of this paragraph, from funds
appropriated for that purpose.
(C) Notwithstanding any other law, while employed under this subsection, an
individual is not considered to be on active duty or inactive duty training.

57c723e92ecf19e3067b3304ecdd8ab733703caf3dfeedec89296ab015484034

Notwithstanding any other provision of law, an officer or employee of the
United States may not enter into a contract for procurement of performance
of any function being performed by Coast Guard personnel as of January 1,
1989, before--
(1) a study has been performed by the Secretary of Transportation under
the Office of Management and Budget Circular A-76 with respect to that
procurement;
(2) the Secretary of Transportation has performed a study, in addition to the
study required by paragraph (1) of this subsection, to determine the impact
of that procurement on the multimission capabilities of the Coast Guard; and
(3) copies of the studies required by paragraphs (1) and (2) of this
subsection are submitted to the Committee on Merchant Marine and Fisheries
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.

80787c5f6e5403e44b516312ed086d21c52a37baf1d5032513bc45177b35745a

(a) IN GENERAL- Chapter 17 of title 14, United States Code, is amended by
adding at the end the following new section:
`Sec. 666. Local hire
`(a) Notwithstanding any other law, each contract awarded by the Coast
Guard for construction or services to be performed in whole or in part in
a State that has an unemployment rate in excess of the national average
rate of unemployment (as determined by the Secretary of Labor) shall
include a provision requiring the contractor to employ, for the purpose
of performing that portion of the contract in that State, individuals who
are local residents and who, in the case of any craft or trade, possess
or would be able to acquire promptly the necessary skills. The Secretary
of Transportation may waive the requirements of this subsection in the
interest of national security or economic efficiency.
`(b) LOCAL RESIDENT DEFINED- As used in this section, `local resident'
means a resident of, or an individual who commutes daily to, a State
described in subsection (a).'.
(b) CLERICAL AMENDMENT- The analysis for chapter 17 of title 14, United
States Code, is amended by adding at the end the following:
`666. Local hire.'.

be75081d6de6a95a55e170bcb7e10ad8d65eb01c3636c3c6a2d5dd2dbd1cf736

(a) IN GENERAL- Not later than 6 months after the date of enactment of
this Act, the Secretary of Transportation shall submit to the Congress a
report on the options available to control the infestation of the waters of
the United States, including the Great Lakes, by exotic species from the
ballast water of vessels operating on the waters of the United States. In
preparing this report, the Secretary shall consult with the Secretary of
the Interior, the Secretary of Commerce, the Great Lakes Fishery Commission,
and other appropriate parties.
(b) EXOTIC SPECIES DEFINED- In this section `exotic species' means nonnative
fish, mollusks, crustaceans, zooplankton, and other aquatic organisms,
other than sea lampreys.

54c752381b1b5301c2fc08336410596e31225ae3e2aa734b5c5777e8a6f39b04

Not later than 6 months after the date of the enactment of this Act,
the Secretary of Transportation shall--
(1) submit a report to the Congress that identifies--
(A) the needs for outfitting existing Coast Guard aircraft with surveillance
and reconnaissance equipment to assist in the conduct of law enforcement
activities; and
(B) the cost of that equipment; and
(2) in cooperation with the Secretary of Defense, establish and submit to
the Congress a plan for closing existing gaps in radar coverage along the
coastline of the United States on the Gulf of Mexico and the coastline of
the southeastern United States on the Atlantic Ocean.

95cda76bc9f4a797a10c3a60ed163ac7d12cdab42d99202ddbe2708e61635141

Section 2101 of title 46, United States Code, is amended by inserting
after paragraph (17) the following:
`(17a) `numbered vessel' means a vessel for which a number has been issued
under chapter 123 of this title.'.

29b6a6228e407f4ae87ca7d1454f44869f32c903ca0d06dc6ca04985444723ce

Not later than 6 months after the date of enactment of this Act, the
Secretary of Transportation and the Secretary of the Treasury, in order
to avoid the devastating economic effects on innocent owners of seizures
of their vessels, shall develop a procedure for constructive seizure of
vessels of the United States engaged in commercial service as defined in
section 2101 of title 46, United States Code, that are suspected of being
used for committing violations of law involving personal use quantities
of controlled substances.

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Section 664(c) of title 14, United States Code, is amended as follows:
(1) in paragraph (1) by striking `collected stating--' and substituting
`collected under any law stating--'; and
(2) in paragraph (2) by inserting `under any law' after `collected' the
first time it appears.

750bbdb7e723dca2819f95414c88bdb35d3b9aab76f74cbd52b43a4df9c59b7a

Not later than 6 months after the date of the enactment of this Act,
the Secretary of Transportation shall--
(1) amend part 52 of title 33, Code of Federal Regulations, governing the
proceedings of the board established by the Secretary under section 1552
of title 10, United States Code, to ensure that a complete application for
correction of military records is processed expeditiously and that final
action on the application is taken within 10 months of its receipt; and
(2) appoint and maintain a permanent staff, and a panel of civilian officers
or employees to serve as members of the board, which are adequate to ensure
compliance with paragraph (1) of this subsection.

c237515e15ecd0879c040cb00d07906b6e4a0029adea9fb7d504f8b9779e04d7

Before acquiring a vessel for use by the Coast Guard, the Secretary of
Transportation or the Commandant of the Coast Guard, as appropriate,
shall review the inventory of vessels acquired by the Secretary or the
Secretary of Commerce as the result of a default under title XI of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1271-1279c), to determine whether
any of those vessels are suitable for use by the Coast Guard.

9a3867e648efe67d93870fe11e3cd94b4bd123b4b7e52b5b71126fe97ad2ba28

(a) IN GENERAL- Chapter 101 of title 46, United States Code is amended by:
(1) deleting section 10104; and
(2) adding the following new section:
`Sec. 10104. Requirement to report sexual offenses
`(a) A master or other individual in charge of a documented vessel shall
report to the Secretary a complaint of a sexual offense prohibited under
chapter 109A of title 18, United States Code.
`(b) A master or other individual in charge of a documented vessel who
knowingly fails to report in compliance with this section is liable to
the United States Government for a civil penalty of not more than $5,000.'.
(b) CLERICAL AMENDMENT- The analysis for chapter 101 of title 46, United
States Code, is amended by striking, `10104. Regulations.' and inserting
`10104. Requirement to report sexual offenses.'.

daef1b098c634a34464feaa0cb7bc74489ca44d2460eb92b1ad34d58482b04bd

The Secretary of Transportation shall not transfer the Coast Guard cutter
ACUSHNET from Gulfport, Mississippi, until at least two Coast Guard patrol
boats are based permanently in Gulfport.

44472d0cba1107d611fcbafca18914da0fe59f2a2c5d44955f4a34f7288e5b8e

Notwithstanding any other provision of law, the Coast Guard is deemed to
be an instrumentality within the Department of Defense for the purposes
of section 204(b) of the Defense Authorization Amendments and Base Closure
and Realignment Act (10 U.S.C. 2687).

759c67b10a83929ed1d0460e9a46776a974a9f1941d454155cdac6aecfd647f3

The Secretary of Transportation may not reduce expenditures in fiscal year
1990 or fiscal year 1991 for Coast Guard services other than drug law
enforcement to increase drug law enforcement unless the Secretary first
notifies the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Merchant Marine and Fisheries of the House of
Representatives thirty days prior to any reduction, except that nothing
in this section shall be construed to reduce the Coast Guard's ability
to respond to interdiction opportunities that may arise in the course of
normal activities.

cfd0438569edf3d6491465306b473d12b5d105abe19869e0c3046846656c160b

Not later than six months after the date of enactment of this Act, the
Secretary of Transportation shall--
(1) submit a report to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Merchant Marine and Fisheries of the
House of Representatives that identifies the costs incurred by the Coast
Guard and any reallocation of assets or personnel that would have been
used for search and rescue or law enforcement operations, as a result of
providing security at Kennebunkport, Maine; and
(2) actively seek reimbursement of those costs from the Secretary of
Treasury.

5394aa94fc9f16993c0d2cd1b8d8cac4d4169e4536c756cc66add043032c0449

The Secretary of the department in which the Coast Guard is operating
shall reestablish a vessel traffic service on the Lower Mississippi River
in New Orleans, and shall continue operation of the New York Harbor area
and other existing vessel traffic service systems.

f843b8b0b026737ce8ae40fb8a95f1f556535f16a103dc1c7fbb06f2091c06cd

(a)(1) The Secretary of Transportation shall take such action as may be
necessary to upgrade the ground segment of the Search and Rescue Satellite
Aided Tracking system (hereafter in this section referred to as `SARSAT').
(2) In carrying out this section, the Secretary of Transportation shall
establish not less than 5 SARSAT ground stations for the purpose of providing
adequate coverage of the United States area of search and rescue for which
it has responsibility under the program known as `COSPAS-SARSAT'. In
establishing such stations, the Secretary, after consultation with the
satellite search and rescue offices of the Coast Guard, the National Oceanic
and Atmospheric Administration, the Air Force, the National Aeronautics
and Space Administration, and the SARSAT Program Steering Group, shall
locate the stations in the most optimum sites to assure complete coverage
of the search and rescue areas for which the United States is responsible.
(b) The Secretary of Commerce, acting through the National Oceanic and
Atmospheric Administration, shall administer the SARSAT ground stations. Such
administration shall be carried out in consultation with the Secretary of
Transportation and the Secretary of Defense.
(c) For the purpose of carrying out the provisions of subsection (a) of
this section, there is authorized to be appropriated $5,300,000. Moneys
appropriated pursuant to this subsection shall remain available until
expended.

12c738f82eb07dfe89d74867843edfee339d6c818774808dd1213cc36cca8925

(a) The Congress finds and declares the following:
(1) The Boston Light Station (hereafter in this section referred to as the
`Boston Light') on Little Brewster Island, Boston Harbor, Massachusetts,
is the Nation's oldest lighthouse station.
(2) The Boston Light is a National Historic Landmark and Little Brewster
Island is listed in the National Register of Historic Places. As such,
they should be administered and maintained in a way that preserves for
public enjoyment and appreciation their special historic character.
(3) Continued manned operation of the Boston Light will preserve its
special historic character. Any proposal to automate or modernize Boston
Light must be consistent with the provisions of sections 106 and 110 of
the National Historic Preservation Act (16 U.S.C. 470f and 470h-2).
(4) Efforts should be undertaken that will facilitate public access to,
and enhance the public enjoyment and appreciation of, the Boston Light
and Little Brewster Island.
(b) The Boston Light shall be operated on a permanently manned basis. The
amounts authorized to be appropriated under sections 101 and 102 include
funds--
(1) for maintenance of the keeper's house and of the Boston Lighthouse; and
(2) to enhance public access to the Boston Light and Little Brewster Island,
including making pier improvements on the island.
(c) The Secretary of Transportation shall, in consultation with the Secretary
of the Interior, the Massachusetts Department of Environmental Management,
the Massachusetts Historical Preservation Officer, appropriate local
government entities, and private preservation groups, develop a strategy
to implement policies regarding the ownership, maintenance, staffing,
and use of the Boston Light. The strategy shall propose ways--
(1) to provide improved public access to the Boston Light and Little
Brewster Island; and
(2) to ensure that the special historic character of the Boston Light
will be preserved, with the continuing presence of Coast Guard personnel,
so as to provide the best possible public enjoyment and appreciation.

54ad081b2c7ce6848e3d76709d075e11221ec05839fe727f4fcf95e33032ea70

(a) ENVIRONMENTAL COMPLIANCE AND RESTORATION PROGRAM- Title 14, United States
Code, is amended by adding the following new chapter 19 after chapter 17:
`CHAPTER 19--ENVIRONMENTAL COMPLIANCE AND RESTORATION PROGRAM
`Sec.
`690. Definitions.
`691. Environmental Compliance and Restoration Program.
`692. Environmental Compliance and Restoration Account.
`693. Annual Report to Congress.
`Sec. 690. Definitions
`For the purposes of this chapter--
`(1) `environment', `facility', `person', `release', `removal', `remedial',
and `response' have the same meaning they have in section 101 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9601);
`(2) `hazardous substance' has the same meaning it has in section 101 of
the Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9601), except that it also includes the meaning given `oil' in
section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); and
`(3) `pollutant' has the same meaning it has in section 502 of the Federal
Water Pollution Control Act (33 U.S.C. 1362).
`Sec. 691. Environmental Compliance and Restoration Program
`(a) The Secretary shall carry out a program of environmental compliance
and restoration at current and former Coast Guard facilities.
`(b) Program goals include:
`(1) Identifying, investigating, and cleaning up contamination from
hazardous substances and pollutants.
`(2) Correcting other environmental damage that poses an imminent and
substantial danger to the public health or welfare or to the environment.
`(3) Demolishing and removing unsafe buildings and structures, including
buildings and structures at former Coast Guard facilities.
`(4) Preventing contamination from hazardous substances and pollutants at
current Coast Guard facilities.
`(c)(1) The Secretary shall respond to releases of hazardous substances
and pollutants--
`(A) at each Coast Guard facility the United States owns, leases, or
otherwise possesses;
`(B) at each Coast Guard facility the United States owned, leased,
or otherwise possessed when the actions leading to contamination from
hazardous substances or pollutants occurred; and
`(C) on each vessel the Coast Guard owns or operates.
`(2) Paragraph (1) of this subsection does not apply to a removal or remedial
action when a potentially responsible person responds under section 122 of
the Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9622).
`(3) The Secretary shall pay a fee or charge imposed by a state authority
for permit services for disposing of hazardous substances or pollutants from
Coast Guard facilities to the same extent that nongovernmental entities
are required to pay for permit services. This paragraph does not apply
to a payment that is the responsibility of a lessee, contractor, or other
private person.
`(d) The Secretary may agree with another Federal agency for that agency
to assist in carrying out the Secretary's responsibilities under this
chapter. The Secretary may enter into contracts, cooperative agreements,
and grant agreements with State and local governments to assist in carrying
out the Secretary's responsibilities under this chapter. Services that
may be obtained under this subsection include identifying, investigating,
and cleaning up off-site contamination that may have resulted from the
release of a hazardous substance or pollutant at a Coast Guard facility.
`(e) Section 119 of the Comprehensive Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9619) applies to response action contractors
that carry out response actions under this chapter. The Coast Guard shall
indemnify response action contractors to the extent that adequate insurance
is not generally available at a fair price at the time the contractor
enters into the contract to cover the contractor's reasonable, potential,
long-term liability.
`Sec. 692. Environmental Compliance and Restoration Account
`(a) There is established for the Coast Guard an account known as the
Coast Guard Environmental Compliance and Restoration Account. All sums
appropriated to carry out the Coast Guard's environmental compliance and
restoration functions under this chapter or another law shall be credited
or transferred to the account and remain available until expended.
`(b) Funds may be obligated or expended from the account to carry out the
Coast Guard's environmental compliance and restoration functions under
this chapter or another law.
`(c) In proposing the budget for any fiscal year under section 1105 of
title 31, United States Code, the President shall set forth separately
the amount requested for the Coast Guard's environmental compliance and
restoration activities under this chapter or another law.
`(d) Amounts recovered under section 107 of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607) for the
Secretary's response actions at current and former Coast Guard facilities
shall be credited to the account.
`Sec. 693. Annual Report to Congress
`(a) The Secretary shall submit to Congress a report each fiscal year
describing the progress the Secretary has made during the preceding fiscal
year in implementing this chapter.
`(b) Each report shall include:
`(1) A statement for each facility or vessel for which the Secretary
is responsible under section 691(c) of this title where a release of a
hazardous substance or pollutant has been identified.
`(2) The status of response actions contemplated or undertaken at each
facility.
`(3) The specific cost estimates and budgetary proposals for response
actions contemplated or undertaken at each facility.
`(4) The total amount required to clean up contamination at all identified
facilities.'.
(b) TITLE ANALYSIS- The title analysis at the beginning of part I of title
14, United States Code, is amended by adding after item 17:
690'.
(c) PRIOR AUTHORIZATION REQUIREMENT- Section 662 of title 14, United States
Code, is amended by adding the following new paragraph:
`(5) For environmental compliance and restoration at Coast Guard
facilities.'.

a06566e79ea67cb9f91f74464b52caf152f9fb680d7b916c192e065dde1f9fa4

(a) CONVEYANCE- (1) The Secretary of the department in which the Coast
Guard is operating may convey, by any appropriate means, all right, title
and interest of the United States in the Block Island Southeast Lighthouse
to the Block Island Southeast Lighthouse Foundation (hereafter referred
to as the `Foundation') of the town of New Shoreham, Rhode Island.
(2) The purpose of this conveyance is to establish and maintain a
nonprofit center for the public at the Block Island Southeast Lighthouse
for interpretation and preservation of the culture of the United States
Coast Guard and Block Island's maritime history.
(3) The Secretary may not transfer the Block Island Southeast Lighthouse
until the Foundation or the State of Rhode Island, acting on its behalf,
requests from the Secretary that the transfer occur.
(b) TERMS AND CONDITIONS- The conveyance shall be made--
(1) without payment of consideration;
(2) subject to the condition that if the property, or any part of the
property, ceases to be used for the purpose of this section, title to all
such property shall be deemed to have immediately reverted to the United
States; and
(3) subject to such other terms and conditions as the Secretary of the
department in which the Coast Guard is operating may impose.
(c) REQUIREMENTS- The conveyance shall include provisions necessary to
assure that--
(1) the light, antennae, sound signal, and associated equipment which are
active aids to navigation shall continue to be operated and maintained by
the United States;
(2) the Foundation will not interfere or allow interference in any manner
with navigational aids without written permission of the United States;
(3) there is reserved to the United States the right to relocate, replace,
or add any navigational aids, or make any changes on any portion of the
property as may be necessary for navigation purposes;
(4) the United States shall have the right, at any time, to enter the
property without notice to maintain navigational aids; and
(5) the United States shall have an easement for access to the property
to maintain navigational aids.
(d) PROPERTY DESCRIPTION- The Secretary of the department in which the
Coast Guard is operating shall identify, describe, and determine the
property to be conveyed under this section.
(e) DEFINITION- For purposes of this section, `Block Island Southeast
Lighthouse' means the lighthouse and attached keeper's dwelling, several
ancillary buildings, a fog signal, and land (but not less than nine acres)
necessary to carry out the purposes of this section located in the town
of New Shoreham, Rhode Island.
(f) STRATEGY- The Secretary of Transportation shall within six months
of the date of enactment, in consultation with the Secretary of the
Interior, appropriate state, local, and other governmental entities, and
private preservation groups, develop a strategy regarding the ownership,
maintenance, operation, and use of the Block Island Southeast Lighthouse
that will preserve the special historic character of the Lighthouse and
ensure public access. Any proposal must be consistent with the provisions
of the National Historic Preservation Act (16 U.S.C. 470 et seq.), other
applicable law, and efforts to interpret and preserve the material culture
of the United States Coast Guard and Block Island's maritime history.

a5db44859561cfe0557728db4685e0ac22cfe6d56d01fea60c26bc80fbdf57a8

(a) TECHNICAL AMENDMENTS- Chapter 121 of title 46, United States Code,
is amended as follows:
(1) Section 12101(b) is amended--
(A) in paragraph (1), by striking `registry as' and inserting `registry
endorsement as';
(B) in paragraph (2), by striking `coastwise license' and inserting
`coastwise endorsement';
(C) in paragraph (3), by striking `Great Lakes license' and inserting
`Great Lakes endorsement';
(D) by repealing paragraph (4); and
(E) by redesignating paragraph (5) as paragraph (4).
(2) Section 12102 is amended--
(A) in the matter preceding paragraph (1) of subsection (a)--
(i) by inserting `that is' before `not', and
(ii) by inserting `or is not titled in a State' after `foreign country';
(B) by striking `(b)(1)' and inserting `(c)(1)';
(C) in subsection (c)(1) (as redesignated by subparagraph (B)), by striking
`fishery license' and inserting `fishery endorsement'; and
(D) by repealing subsection (c).
(3) Section 12103 is amended--
(A) in subsection (a), by striking `of one of the types' and inserting
`endorsed with one or more of the endorsements'; and
(B) in subsection (b)--
(i) by striking `(b)' and inserting `(b)(1)'; and
(ii) by adding at the end the following new paragraph:
`(2) The Secretary shall require each person applying to document a vessel
to provide--
`(A) the person's social security number; or
`(B) for a person other than an individual--
`(i) the person's taxpayer identification number; or
`(ii) if the person does not have a taxpayer identification number,
the social security number of an individual who is a corporate officer,
general partner, or individual trustee of the person and who signs the
application for documentation for the vessels.'.
(4) Section 12104(2) is amended by striking `vessel license,' and inserting
`endorsement,'.
(5) Section 12105 is amended--
(A) by amending subsection (a) to read as follows:
`(a) A certificate of documentation may be endorsed with a registry
endorsement.';
(B) in subsection (b), by inserting `endorsement' after `registry';
(C) by repealing subsections (c) and (d); and
(D) in the catchline, by inserting `endorsements' after `Registry'.
(6) Section 12106 is amended--
(A) in subsection (a), by striking `A coastwise license or, as provided
in section 12105(c)of this title, an appropriately endorsed registry, may
be issued' and inserting `A certificate of documentation may be endorsed
with a coastwise endorsement';
(B) in subsection (b), by striking `coastwise license or an appropriately
endorsed registry' and inserting `certificate of documentation with a
coastwise endorsement';
(C) in subsection (c), by striking `license' and inserting `endorsement';
(D) by repealing subsection (d); and
(E) in the catchline, by striking `licenses and registry' and inserting
`endorsements'.
(7) Section 12107 is amended--
(A) in subsection (a), by striking `A Great Lakes license, or as provided
in section 12105(c) of this title, an appropriately endorsed registry, may
be issued' and inserting `A certificate of documentation may be endorsed
with a Great Lakes endorsement';
(B) by amending subsection (b) to read as follows:
`(b) Subject to the laws of the United States regulating trade with Canada,
only a vessel for which a certificate of documentation with a Great Lakes
endorsement is issued may be employed on the Great Lakes and their tributary
and connecting waters in trade with Canada.';
(C) by repealing subsection (c); and
(D) in the catchline, by striking `licenses and registry' and inserting
`endorsements'.
(8) Section 12108 is amended--
(A) in subsection (a), by striking `A fishery license or, as provided in
section 12105(c) of this title, an appropriately endorsed registry, may
be issued' and inserting `A certificate of documentation may be endorsed
with a fishery endorsement';
(B) in subsection (a)(1), by striking `and';
(C) in subsection (b), by striking `fishery license or an appropriately
endorsed registry' and inserting `certificate of documentation with a
fishery endorsement';
(D) in subsection (C), by striking `license' and inserting `endorsement';
(E) by repealing subsection (d); and
(F) in the catchline, by striking `licenses and registry' and inserting
`endorsements'.
(9) Section 12109 is amended--
(A) by striking subsection (a) and inserting the following:
`(a) A certificate of documentation with a recreational endorsement may
be issued for a vessel that is eligible for documentation.';
(B) in subsection (b)--
(i) by striking `licensed recreational vessel' and inserting `documented
vessel with a recreational endorsement'; and
(ii) by striking `Such' and inserting `A recreational';
(C) by adding at the end the following new subsection:
`(c) A documented vessel operating under a recreational endorsement may
be operated only for pleasure.'; and
(D) in the catchline, by striking `vessel licenses' and inserting
`endorsements'.
(10) Section 12110 is amended--
(A) by amending subsection (a) to read as follows:
`(a) A vessel may not be employed in a trade except a trade covered by
the endorsement issued for that vessel.'; and
(B) in subsection (c)--
(i) by striking `certificate of documentation' and inserting `endorsement',
(ii) by striking `recreational vessel' and inserting `vessel with a
recreational endorsement', and
(iii) by striking `except' and inserting
(11) Section 12112 is amended--
(A) in subsection (a), by striking `an appropriate document' and inserting
`a certificate of documentation with an appropriate endorsement'; and
(B) in subsection (b), by striking `an appropriate' and inserting `a'.
(12) The table of sections at the beginning of chapter 121 is amended
by striking the entries for sections 12105 through 12109 and inserting
the following:
`12105. Registry endorsements.
`12106. Coastwise endorsements.
`12107. Great Lakes endorsements.
`12108. Fishery endorsements.
`12109. Recreational endorsements.'.
(b) DOCUMENTATION SURRENDER AND INVALIDATION- Section 12111(c)(3) of title
46, United States Code, does not apply to a mortgage that--
(1) was filed or recorded before January 1, 1989; and
(2) was not a preferred mortgage (as that term is defined in section 31301(6)
of that title) on that date.

3ac34c93cc2ed31229477a7ce8c9c897d02ccbb11a1fe9eb46426a05f05bdd07

TITLE III

-MISCELLANEOUS

Chapter 125 of title 46, United States Code, is amended as follows:
(1) Section 12501(b)(2) is amended to read as follows:
`(2) identifying the owner of the vessel, including--
`(A) the owner's social security number; or
`(B) for an owner other than an individual--
`(i) the owner's taxpayer identification number; or
`(ii) if the owner does not have a taxpayer identification number,
the social security number of an individual who is a corporate officer,
general partner, or individual trustee of the owner and who signed the
application for documentation or numbering for the vessel;'.
(2) Section 12503(a)(2) is amended to read as follows:
`(2) identifies the owner of the vessel, including by--
`(A) the owner's social security number; or
`(B) for an owner other than an individual--
`(i) the owner's taxpayer identification number; or
`(ii) if the owner does not have a taxpayer identification number,
the social security number of an individual who is a corporate officer,
general partner, or individual trustee of the owner and who signed the
application for documentation or numbering for the vessel;'.
(3) Section 12504 is amended by striking `Secretary, the Secretary
of Transportation--' and inserting `Secretary of Transportation, the
Secretary--'.

01a3125415b39ffa4b4fffa2f25a4febe1f011f8c96de043712d1ff637314f85

Chapter 313 of title 46, United States Code, is amended as follows:
(1) Section 31306 is amended--
(A) in subsection (a), by striking `When' and inserting `Except as
provided by the Secretary of Transportation, when' and by striking `of
Transportation'; and
(B) in subsection (c), by striking `An' and inserting `Except as provided
by the Secretary, an'.
(2) Section 31321(c) is amended--
(A) by striking `that has not yet been documented,' and inserting `for
which an application for documentation is filed,'; and
(B) by striking `party whose name and address is stated on' and inserting
`interested party to';
(3) Section 31322 is amended--
(A) by amending subsection (a)(2) to read as follows:
`(2) Paragraph (1)(D) of this subsection does not apply to--
`(A) a documented vessel that has a fisheries endorsement or a recreational
endorsement, or both endorsements; or
`(B) a vessel for which an application for documentation with a fisheries
endorsement or a recreational endorsement, or both endorsements, has
been filed.';
(B) in subsection (d)(1), by striking `representing financing of a vessel
under State law that is made under applicable State law' and inserting
`granting a security interest perfected under State law'; and
(C) in subsection (e) (1) and (2) by striking `the validity of the preferred
mortgage' each place that phrase appears and inserting `the status of the
preferred mortgage'.
(4) Section 31325 is amended--
(A) by amending subsections (b) and (c) to read as follows:
`(b) On default of any term of the preferred mortgage, the mortgage may--
`(1) enforce the preferred mortgage lien in a civil action in rem for a
documented vessel, a vessel to be documented under chapter 121 of this
title, or a foreign vessel; and
`(2) enforce a claim for the outstanding indebtedness secured by the
mortgaged vessel in--
`(A) a civil action in personam in admiralty against the mortgagor, maker,
comaker, or guarantor for the amount of the outstanding indebtedness or
any deficiency in full payment of that indebtedness; and
`(B) a civil action against the mortgagor, maker, comaker, or guarantor
for the amount of the outstanding indebtedness or any deficiency in full
payment of that indebtedness; and
`(c) The district courts have orignial jurisdiction of a civil action brought
under subsection (b) (1) or (2) of this section. However, for a documented
vessel, a vessel to be documented under chapter 121 of this title, or a
foreign vessel, this jurisdiction is exclusive of the courts of the States
for a civil action brought under subsection (b)(1) of this section.';
(B) in subsection (d)(3) in the second sentence by inserting `or to enforce
a maritime lien' after `section'; and
(C) by adding at the end the following:
`(f) This chapter does not prohibit a mortgagee from exercising other
remedies available under other law if the mortgagee provides a notice to
each person claiming an undischarged lien recorded under section 31343 of
this title of any remedy pursued that may affect that person's claim. A
party required to give notice under this subsection is liable to the person
not notified for damages in the amount of that person's undischarged claim,
terminated by the remedy pursued under this subsection and, if an action
is brought to recover that amount, for costs and attorney fees awarded if
the person prevails.'
(5) Section 31341(a)(3) is amended by striking `mangement' and inserting
`management'.
(6) Section 31342 is amended--
(A) by striking `A person providing necessaries to a vessel (except a public
vessel) on the order of a person listed in section 31341 of this title'
and inserting `(a) Except as provided in subsection (b) of this section,
a person providing necessaries to a vessel on the order of the owner'; and
(B) by adding the following new subsection (b) at the end:
`(b) This section does not apply to a public vessel.'.
(7) Section 31343 is amended by striking `vessel covered by a preferred
mortgage filed or recorded under this chapter' and inserting `documented
vessel'.
(8) The following new section is added at the end:
`Sec. 31344. Extinction of maritime liens
`Except as otherwise provided by law, a person must bring an action to
enforce a maritime lien (except a preferred mortgage lien) within 3 years
after the day when the lien arose.'.
(9) The table of sections is amended by adding at the end the following:
`31344. Extinction of maritime liens.'.

34a548731f1cb4d4247f415edc40df3f4894d24af698e1e4ecdfe26266e4dfad

(a) EXEMPTION FROM REQUIREMENT OF APPROVAL BY SECRETARY- Section 9 of the
Shipping Act, 1916 (46 App. U.S.C. 808), is amended--
(1) in subsection (c)(1) by inserting `or the last documentation of which
was under the laws of the United States' before the semicolon at the end;
(2) in subsection (c)(2) by inserting `, or a vessel the last documentation
of which was under the laws of the United States,' after `a documented
vessel';
(3) in subsection (d) (1) and (2), by striking `or control in' and inserting
`in or control of'; and
(4) adding the following new paragraph:
`(4) A person that charters, sells, transfers, or mortgages a vessel,
or an interest in or control of a vessel, in violation of this section
is liable to the United States Government for a civil penalty of not more
than $10,000 for each violation.'.
(b) REMISSION OF FORFEITURE- Section 38 of the Shipping Act, 1916 (46
App. U.S.C. 836) is amended by striking `duties.' and inserting `duties,
except that forfeitures may be remitted without seizure of the vessel.'.

6399466834cc7c1ba7a762b04863866f389960e7dc5c017bc050cefa59d46229

Chapter 3 of title 49, United States Code, is amended--
(1) by adding at the end of subchapter II the following new section:
`Sec. 336. Civil penalty procedures
`(a) After notice and an opportunity for a hearing, a person found by
the Secretary of Transportation to have violated a provision of law
that the Secretary carries out through the Maritime Administrator or the
Commandant of the Coast Guard or a regulation prescribed under that law
by the Secretary for which a civil penalty is provided, is liable to the
United States Government for the civil penalty provided. The amount of the
civil penalty shall be assessed by the Secretary by written notice. In
determining the amount of the penalty, the Secretary shall consider the
nature, circumstances, extent, and gravity of the prohibited acts committed
and, with respect to the violator, the degree of culpability, any history
of prior offenses, ability to pay, and other matters that justice requires.
`(b) The Secretary may compromise, modify, or remit, with or without
consideration, a civil penalty until the assessment is referred to the
Attorney General.
`(c) If a person fails to pay an assessment of a civil penalty after it has
become final, the Secretary may refer the matter to the Attorney General
for collection in an appropriate district court of the United States.
`(d) The Secretary may refund or remit a civil penalty collected under
this section if--
`(1) application has been made for refund or remission of the penalty
within one year from the date of payment; and
`(2) the Secretary finds that the penalty was unlawfully, improperly,
or excessively imposed.'; and
(2) in the table of sections, by adding at the end the following:
`336. Civil penalty procedures.'.

79abf5ec22e48a41570dd5f6b76afc8d00726a9cfe5b61ee37b64c09bf00661b

Section 403(a) of Public Law 98-364 is amend by striking `1990' in the
first sentence and inset `1991'.

ca1ad836901708f3c651a3b0f378f16e11558f43365ec0da09a204da2e3f0e08

The following laws are repealed:
(1) Section 4172 of the Revised Statutes of the United States (46
App. U.S.C. 41).
(2) Section 8 of Public Law 96-376 (46 App. U.S.C. 382b-1).
(3) Section 9(a) of the Shipping Act, 1916 (46 App. U.S.C. 808(a)).
(4) Sections 15 and 34 of the Merchant Marine Act, 1920,
(5) Section 701 of the Merchant Marine Act, 1928 (46 App. U.S.C. 891s).
(6) Section 6 of the Act of June 16, 1933 (46 App. U.S.C. 891y).
(7) Sections 201(b), 201(g), 510(h), 612, 804(c)(2), 805(e), 806(a),
807, 1106, 1107, and 1109 of the Merchant Marine Act, 1936 (46
App. U.S.C. 1111(b), 1111(g), 1160(h), 1182, 1222(c)(2), 1223(e), 1224,
1225, 1276, 1279, and 1279(b).
(8) Section 402 of the Act of October 8, 1940 (46 App. U.S.C. 1155a).
(9) Section 101 of the Act of June 25, 1958 (46 App. U.S.C. 1242-1).
(10) Sections 3(b) and 9 of the Act of December 13, 1977 (46
App. U.S.C. 1502(b) and 1508).
(11) Sections 20(a), 21, and 22 of the Shipping Act of 1984 (46
App. U.S.C. 1720).
(12) Sections 3(b)-(f), 4, 5 (a), (b), and (d), 6, 7, 8(a)-(c), 10, 11(b),
12(b)-(e), and 13 of the Act of March 8, 1946 (50 App. U.S.C. 1736(b)-(f),
1737, 1738(a), (b), and (d), 1739, 1740, 1741(a)-(c), 1743, 1744(b),
1745(b)-(f), and 1746).
(13) Section 2 of the Act of June 29, 1949 (50 App. U.S.C. 1738a).
(14) The Act of September 21, 1959 (50 App. U.S.C. 1745a).
(15) Sections 1-5 of the Act of March 21, 1945 (50 App. U.S.C. 1721-1725).
(16) The Act of August 20, 1954 (50 App. U.S.C. 2394).
(17) Section 4377 of the Revised Statutes of the United States (46
App. U.S.C. 325).

927f3ff77cb30e6538b655f5a6dc08d31f5d575e27588a68ba7889b77436261d

(a) DOCUMENTATION- Notwithstanding section 12106 of title 46, United States
Code, and section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883),
the Secretary of the department in which the Coast Guard is operating may
issue a certificate of documentation endorsed with a coastwise endorsement
for each of the following vessels:
(1) Camelot (United States official number 536408);
(2) Crili (United States official number 656976);
(3) Da Warrior (Hawaiian Registration number HA 161 CP);
(4) Harbor Exec (United States official number 563895);
(5) Jamal (United States official number 611165);
(6) Karlissa (United States official number 950453);
(7) Lazy Jack (Maine Registration number ME 9395G);
(8) Magnum Force (United States official number 287968);
(9) Terangi No. 2 (United States official number 572048);
(10)  3/4  Time (United States official number 907962); and
(11) Winddancer (United States official number 955031).
(b) OPERATION- Notwithstanding section 27 of the Merchant Marine Act,
1920 (46 App. U.S.C. 883), the submersible vessel PC-1501 may engage in
the coastwise trade.

e511f78a7a9809dceef28b436f85d8bdc2cec4185a4b5fb06a8ef7dd95a2ca84

(a) IN GENERAL- Except as provided in subsection (b), the amendments made
by this Act take effect on the date of the enactment of this Act.
(b) Exceptions-
(1) The amendments made by section 1(a)(2) take effect January 1, 1989,
except that the amendment made by subparagraph (A) of such section does
not apply to a vessel titled in a State until one year after the Secretary
of Transportation prescribes guidelines for a titling system under section
13106(b)(8) of title 46, United States Code.
(2) The amendments made by section 1(a)(3) take effect on the 180th day
after the date of the enactment of this Act.
(c) TRANSITION- The amendments made by section 3 (8) and (9) do not apply
to a maritime lien arising before the date of enactment of this Act. Except
as otherwise provided by law, a person must bring an action to enforce
a maritime lien arising before the date of enactment (except a preferred
mortgage lien) within three years after the date of enactment of this Act.

b5d55fe4d0b559962dc6c148f2e29e066c20b315831e7b79fd6d2cf550ea3f0f

Section 4(c)(2) of 101 Stat. 1780 is amended by adding after `1987' the
following: `, except that an alternative vessel of no greater tonnage than
the vessel in the application may be substituted, if that substitution is
made by the original applicant'.
Attest:
Clerk.
HRES 2459 EAH----2
HRES 2459 EAH----3
HRES 2459 EAH----4
HRES 2459 EAH----5

74664492f212f253acf85d5ea6292208e2893039f8a9b14abb3ac053dcf73a4b

Coast Guard Authorization Act of 1989

Other Sections

TITLE I

TITLE II

TITLE III

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