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Pub.L. 105-384 To approve a governing <> international fishery agreement between the United States and the Republic of Poland, and for other purposes. ...


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[[Page 112 STAT. 3411]]

Public Law 105-383
105th Congress

                                 An Act


 
To authorize appropriations for fiscal years 1998 and 1999 <<NOTE: Nov. 
 13, 1998 -  [H.R. 2204]>>  for the Coast Guard, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Coast Guard Authorization 
Act of 1998.>>  assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coast Guard Authorization Act of 
1998''.

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--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. LORAN-C.

                    TITLE II--COAST GUARD MANAGEMENT

Sec. 201. Severance pay.
Sec. 202. Authority to implement and fund certain awards programs.
Sec. 203. Use of appropriated funds for commercial vehicles at military 
           funerals.
Sec. 204. Authority to reimburse Novato, California, Reuse Commission.
Sec. 205. Law enforcement authority for special agents of the Coast 
           Guard 
           Investigative Service.
Sec. 206. Report on excess Coast Guard property.
Sec. 207. Fees for navigation assistance service.
Sec. 208. Aids to navigation report.

                        TITLE III--MARINE SAFETY

Sec. 301. Extension of territorial sea for certain laws.
Sec. 302. Penalties for interfering with the safe operation of a vessel.
Sec. 303. Great Lakes Pilotage Advisory Committee.
Sec. 304. Alcohol testing.
Sec. 305. Protect marine casualty investigations from mandatory release.
Sec. 306. Safety management code report and policy.
Sec. 307. Oil and hazardous substance definition and report.
Sec. 308. National Marine Transportation System.
Sec. 309. Availability and use of EPIRBS for recreational vessels.
Sec. 310. Search and rescue helicopter coverage.
Sec. 311. Petroleum transportation.
Sec. 312. Seasonal Coast Guard helicopter air rescue capability.
Sec. 313. Ship reporting systems.

                         TITLE IV--MISCELLANEOUS

Sec. 401. Vessel identification system amendments.
Sec. 402. Conveyance of Coast Guard Reserve training facility, 
           Jacksonville, 
           Florida.
Sec. 403. Documentation of certain vessels.
Sec. 404. Conveyance of Nahant parcel, Essex County, Massachusetts.

[[Page 112 STAT. 3412]]

Sec. 405. Unreasonable obstruction to navigation.
Sec. 406. Financial responsibility for oil spill response vessels.
Sec. 407. Conveyance of Coast Guard property to Jacksonville University 
           in 
           Jacksonville, Florida.
Sec. 408. Penalty for violation of International Safety Convention.
Sec. 409. Coast Guard City, USA.
Sec. 410. Conveyance of Communication Station Boston Marshfield Receiver 
           Site, Massachusetts.
Sec. 411. Clarification of liability of persons engaging in oil spill 
           prevention and 
           response activities.
Sec. 412. Vessels not seagoing motor vessels.
Sec. 413. Land conveyance, Coast Guard Station Ocracoke, North Carolina.
Sec. 414. Conveyance of Coast Guard property in Sault Sainte Marie, 
           Michigan.
Sec. 415. Interim authority for dry bulk cargo residue disposal.
Sec. 416. Conveyance of lighthouses.
Sec. 417. Conveyance of Coast Guard LORAN Station Nantucket.
Sec. 418. Conveyance of decommissioned Coast Guard vessels.
Sec. 419. Amendment to conveyance of vessel S/S RED OAK VICTORY.
Sec. 420. Transfer of Ocracoke Light Station to Secretary of the 
           Interior.
Sec. 421. Vessel documentation clarification.
Sec. 422. Dredge clarification.
Sec. 423. Double hull alternative designs study.
Sec. 424. Vessel sharing agreements.
Sec. 425. Reports.
Sec. 426. Report on tonnage calculation methodology.
Sec. 427. Authority to convey National Defense Reserve Fleet Vessels.
Sec. 428. Authority to convey National Defense Reserve Fleet Vessel, 
           JOHN HENRY.
Sec. 429. Applicability of authority to release restrictions and 
           encumbrances.
Sec. 430. Barge APL-60.
Sec. 431. Vessel financing flexibility.
Sec. 432. Hydrographic functions.

          TITLE V--ADMINISTRATIVE PROCESS FOR JONES ACT WAIVERS

Sec. 501. Findings.
Sec. 502. Administrative waiver of coastwise trade laws.
Sec. 503. Revocation.
Sec. 504. Definitions.
Sec. 505. Sunset.

               TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA

Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Assessments.
Sec. 604. Northern Gulf of Mexico hypoxia.
Sec. 605. Authorization of appropriations.
Sec. 606. Protection of States' rights.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for necessary expenses of 
the Coast Guard, as follows:
            (1) For the operation and maintenance of the Coast Guard--
                    (A) for fiscal year 1998, $2,715,400,000; and
                    (B) for fiscal year 1999, $2,854,700,000; of which 
                $25,000,000 shall be derived each fiscal year from the 
                Oil Spill Liability Trust Fund to carry out the purposes 
                of section 1012(a)(5) of the Oil Pollution Act of 1990 
                and of which not less than $408,000,000 shall be 
                available for expenses related to drug interdiction.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto--

[[Page 112 STAT. 3413]]

                    (A) for fiscal year 1998, $399,850,000, of which 
                $2,000,000 shall be made available for concept 
                evaluation for a replacement vessel for the Coast Guard 
                icebreaker MACKINAW; and
                    (B) for fiscal year 1999, $510,300,000, of which 
                $5,300,000 shall be made available to complete the 
                conceptual design for a replacement vessel for the Coast 
                Guard icebreaker MACKINAW,
        to remain available until expended, of which $20,000,000 shall 
        be derived each fiscal year from the Oil Spill Liability Trust 
        Fund to carry out the purposes of section 1012(a)(5) of the Oil 
        Pollution Act of 1990 and of which not less than $62,000,000 
        shall be available for expenses related to drug interdiction.
            (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--
                    (A) for fiscal year 1998, $19,000,000; and
                    (B) for fiscal year 1999, $18,300,000,
        to remain available until expended, of which $3,500,000 shall be 
        derived each fiscal year 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--
                    (A) for fiscal year 1998, $653,196,000; and
                    (B) for fiscal year 1999, $691,493,000.
            (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--
                    (A) for fiscal year 1998, $17,000,000; and
                    (B) for fiscal year 1999, $26,000,000,
        to remain available until expended.
            (6) For environmental compliance and restoration at Coast 
        Guard facilities (other than parts and equipment associated with 
        operations and maintenance), $26,000,000 for each of fiscal 
        years 1998 and 1999, 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--
            (1) 37,944 as of September 30, 1998; and
            (2) 38,038 as of September 30, 1999.

    (b) Military Training Student Loads.--The Coast Guard is authorized 
average military training student loads as follows:
            (1) For recruit and special training--
                    (A) for fiscal year 1998, 1,424 student years; and
                    (B) for fiscal year 1999, 1,424 student years.

[[Page 112 STAT. 3414]]

            (2) For flight training--
                    (A) for fiscal year 1998, 98 student years; and
                    (B) for fiscal year 1999, 98 student years.
            (3) For professional training in military and civilian 
        institutions--
                    (A) for fiscal year 1998, 283 student years; and
                    (B) for fiscal year 1999, 283 student years.
            (4) For officer acquisition--
                    (A) for fiscal year 1998, 814 student years; and
                    (B) for fiscal year 1999, 810 student years.

SEC. 103. LORAN-C.

    (a) Fiscal Year 1999.--There are authorized to be appropriated to 
the Department of Transportation, in addition to the funds authorized 
for the Coast Guard for operation of the LORAN-C System, for capital 
expenses related to LORAN-C navigation infrastructure, $10,000,000 for 
fiscal year 1999. The Secretary of Transportation may transfer from the 
Federal Aviation Administration and other agencies of the department 
funds appropriated as authorized under this section in order to 
reimburse the Coast Guard for related expenses.
    (b) Cost-Sharing <<NOTE: Deadline.>>  Plan.--Not later than 6 months 
after the date of the enactment of this Act, the Secretary of 
Transportation shall develop and submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a plan 
for cost-sharing arrangements among Federal agencies for such capital 
and operating expenses related to LORAN-C navigation infrastructure, 
including such expenses of the Coast Guard and the Federal Aviation 
Administration.

                    TITLE II--COAST GUARD MANAGEMENT

SEC. 201. SEVERANCE PAY.

    (a) Warrant Officers.--Section 286a(d) of title 14, United States 
Code, is amended by striking the last sentence.
    (b) Separated Officers.--Section 286a of title 14, United States 
Code, is amended by striking the period at the end of subsection (b) and 
inserting ``, unless the Secretary determines that the conditions under 
which the officer is discharged or separated do not warrant payment of 
that amount of severance pay.''.
    (c) Exception.--Section 327 of title 14, United States Code, is 
amended by striking the period at the end of paragraph (b)(3) and 
inserting ``, unless the Secretary determines that the conditions under 
which the officer is discharged or separated do not warrant payment of 
that amount of severance pay.''.

SEC. 202. AUTHORITY TO IMPLEMENT AND FUND CERTAIN AWARDS PROGRAMS.

    Section 93 of title 14, United States Code, is 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) provide for the honorary recognition of individuals 
        and organizations that significantly contribute to Coast Guard

[[Page 112 STAT. 3415]]

        programs, missions, or operations, including State and local 
        governments and commercial and nonprofit organizations, and pay 
        for, using any appropriations or funds available to the Coast 
        Guard, plaques, medals, trophies, badges, and similar items to 
        acknowledge such contribution (including reasonable expenses of 
        ceremony and presentation).''.

SEC. 203. USE OF APPROPRIATED FUNDS FOR COMMERCIAL VEHICLES AT MILITARY 
            FUNERALS.

    Section 93 of title 14, United States Code, as amended by section 
202 of this Act, is further amended--
            (1) by striking ``and'' after the semicolon at the end of 
        paragraph (v);
            (2) by striking the period at the end of paragraph (w) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(x) rent or lease, under such terms and conditions as are 
        considered by the Secretary to be advisable, commercial vehicles 
        to transport the next of kin of eligible retired Coast Guard 
        military personnel to attend funeral services of the service 
        member at a national cemetery.''.

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