PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3901

Public Law 104–324

104th Congress

An Act

To authorize appropriations for the United States Coast Guard, and for other

purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Coast Guard Authorization Act

of 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—AUTHORIZATION

Sec. 101. Authorization of appropriations.

Sec. 102. Authorized levels of military strength and training.

Sec. 103. Quarterly reports on drug interdiction.

Sec. 104. Sense of the Congress regarding funding for Coast Guard.

TITLE II—PERSONNEL MANAGEMENT IMPROVEMENT

Sec. 201. Provision of child development services.

Sec. 202. Hurricane Andrew relief.

Sec. 203. Dissemination of results of 0–6 continuation boards.

Sec. 204. Exclude certain reserves from end-of-year strength.

Sec. 205. Officer retention until retirement eligible.

Sec. 206. Recruiting.

Sec. 207. Access to National Driver Register information on certain Coast Guard

personnel.

Sec. 208. Coast Guard housing authorities.

Sec. 209. Board for Correction of Military Records deadline.

Sec. 210. Repeal temporary promotion of warrant officers.

Sec. 211. Appointment of temporary officers.

Sec. 212. Information to be provided to officer selection boards.

Sec. 213. Rescue diver training for selected Coast Guard personnel.

Sec. 214. Special authorities regarding Coast Guard.

TITLE III—MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT

Sec. 301. Changes to documentation laws.

Sec. 302. Nondisclosure of port security plans.

Sec. 303. Maritime drug and alcohol testing program civil penalty.

Sec. 304. Renewal of advisory groups.

Sec. 305. Electronic filing of commercial instruments.

Sec. 306. Civil penalties.

Sec. 307. Amendment to require EPIRBs on the Great Lakes.

Sec. 308. Report on LORAN-C requirements.

Sec. 309. Small boat stations.

Sec. 310. Penalty for alteration of marine safety equipment.

Sec. 311. Prohibition on overhaul, repair, and maintenance of Coast Guard vessels

in foreign shipyards.

Sec. 312. Withholding vessel clearance for violation of certain Acts.

Coast Guard

Authorization

Act of 1996.

Oct. 19, 1996

[S. 1004]
110 STAT. 3902 PUBLIC LAW 104–324—OCT. 19, 1996

Sec. 313. Information barred in legal proceedings.

Sec. 314. Marine casualty reporting.

TITLE IV—COAST GUARD AUXILIARY

Sec. 401. Administration of the Coast Guard auxiliary.

Sec. 402. Purpose of the Coast Guard auxiliary.

Sec. 403. Members of the auxiliary; status.

Sec. 404. Assignment and performance of duties.

Sec. 405. Cooperation with other agencies, States, territories, and political subdivisions.

Sec. 406. Vessel deemed public vessel.

Sec. 407. Aircraft deemed public aircraft.

Sec. 408. Disposal of certain material.

TITLE V—DEEPWATER PORT MODERNIZATION

Sec. 501. Short title.

Sec. 502. Declarations of purpose and policy.

Sec. 503. Definitions.

Sec. 504. Licenses.

Sec. 505. Informational filings.

Sec. 506. Antitrust review.

Sec. 507. Operation.

Sec. 508. Marine environmental protection and navigational safety.

TITLE VI—COAST GUARD REGULATORY REFORM

Sec. 601. Short title.

Sec. 602. Safety management.

Sec. 603. Use of reports, documents, records, and examinations of other persons.

Sec. 604. Equipment approval.

Sec. 605. Frequency of inspection.

Sec. 606. Certificate of inspection.

Sec. 607. Delegation of authority of Secretary to classification societies.

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.

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.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3903

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. Convention tonnage for licenses, certificates, and documents.

Sec. 746. Technical corrections.

Sec. 747. Technical corrections to references to ICC.

TITLE VIII—POLLUTION FROM SHIPS

Sec. 801. Prevention of pollution from ships.

Sec. 802. Marine plastic pollution research and control.

TITLE IX—TOWING VESSEL SAFETY

Sec. 901. Reduction of oil spills from non-self-propelled tank vessels.

Sec. 902. Requirement for fire suppression devices.

Sec. 903. Studies addressing various sources of oil spill risk.

TITLE X—CONVEYANCES

Sec. 1001. Conveyance of lighthouses.

Sec. 1002. Conveyance of certain lighthouses located in Maine.

Sec. 1003. Transfer of Coast Guard property in Gosnold, Massachusetts.

Sec. 1004. Conveyance of property in Ketchikan, Alaska.

Sec. 1005. Conveyance of property in Traverse City, Michigan.

Sec. 1006. Transfer of Coast Guard property in New Shoreham, Rhode Island.

Sec. 1007. Conveyance of property in Santa Cruz, California.

Sec. 1008. Conveyance of vessel S/S RED OAK VICTORY.

Sec. 1009. Conveyance of equipment.

Sec. 1010. Property exchange.

Sec. 1011. Authority to convey Whitefish Point Light Station land.

Sec. 1012. Conveyance of Parramore Beach Coast Guard Station, Virginia.

Sec. 1013. Conveyance of Jeremiah O’Brien.

TITLE XI—MISCELLANEOUS

Sec. 1101. Florida Avenue Bridge.

Sec. 1102. Oil Spill Recovery Institute.

Sec. 1103. Limited double hull exemptions.

Sec. 1104. Oil spill response vessels.

Sec. 1105. Service in certain suits in admiralty.

Sec. 1106. Amendments to the Johnson Act.

Sec. 1107. Lower Columbia River maritime fire and safety activities.

Sec. 1108. Oil pollution research training.

Sec. 1109. Limitation on relocation of Houston and Galveston marine safety offices.

Sec. 1110. Uninspected fish tender vessels.

Sec. 1111. Foreign passenger vessel user fees.

Sec. 1112. Coast Guard user fees.

Sec. 1113. Vessel financing.

Sec. 1114. Manning and watch requirements on towing vessels on the Great Lakes.

Sec. 1115. Repeal of Great Lakes endorsements.

Sec. 1116. Relief from United States documentation requirements.

Sec. 1117. Use of foreign registry oil spill response vessels.

Sec. 1118. Judicial sale of certain documented vessels to aliens.

Sec. 1119. Improved authority to sell recyclable material.

Sec. 1120. Documentation of certain vessels.

Sec. 1121. Vessel deemed to be a recreational vessel.

Sec. 1122. Small passenger vessel pilot inspection program with the State of Minnesota.

Sec. 1123. Commonwealth of the Northern Mariana Islands fishing.

Sec. 1124. Availability of extrajudicial remedies for default on preferred mortgage

liens on vessels.

Sec. 1125. Offshore facility financial responsibility requirements.

Sec. 1126. Deauthorization of navigation project, Cohasset Harbor, Massachusetts.

Sec. 1127. Sense of Congress; requirement regarding notice.

Sec. 1128. Requirement for procurement of buoy chain.

Sec. 1129. Cruise ship liability.

Sec. 1130. Sense of Congress on the implementation of regulations regarding animal fats and vegetable oils.

Sec. 1131. Term of Director of the Bureau of Transportation Statistics.

Sec. 1132. Waiver of certain requirements for historic former Presidential Yacht

Sequoia.
110 STAT. 3904 PUBLIC LAW 104–324—OCT. 19, 1996

Sec. 1133. Vessel requirements.

Sec. 1134. Existing tank vessel research.

Sec. 1135. Plan for the engineering, design, and retrofitting of the Icebreaker

Mackinaw.

Sec. 1136. Cross-border financing.

Sec. 1137. Vessel standards.

Sec. 1138. Vessels subject to the jurisdiction of the United States.

Sec. 1139. Reactivation of closed shipyards.

Sec. 1140. Sakonnet Point Light.

Sec. 1141. Dredging of Rhode Island Waterways.

Sec. 1142. Interim payments.

Sec. 1143. Oil spill information.

Sec. 1144. Compliance with oil spill response plans.

Sec. 1145. Bridge deemed to unreasonably obstruct navigation.

Sec. 1146. Fishing vessel exemption.

TITLE I—AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—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 1996, $2,618,316,000; and

(B) for fiscal year 1997, $2,637,800,000;

of which $25,000,000 shall be derived each fiscal year 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—

(A) for fiscal year 1996, $428,200,000; and

(B) for fiscal year 1997, $411,600,000;

to remain available until expended, of which $32,500,000 for

fiscal year 1996 and $20,000,000 for fiscal year 1997 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.

(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 1996, $22,500,000; and

(B) for fiscal year 1997, $20,300,000;

to remain available until expended, of which $3,150,000 for

fiscal year 1996 and $5,020,000 for fiscal year 1997 shall be

derived each fiscal year from the Oil Spill Liability Trust Fund.

(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 1996, $582,022,000; and

(B) for fiscal year 1997, $608,100,000.

(5) For alteration or removal of bridges over navigable

waters of the United States constituting obstructions to navigation,
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3905

and for personnel and administrative costs associated with

the Bridge Alteration Program— (A) for fiscal year 1996, $25,300,000, to remain available until expended; and

(B) for fiscal year 1997, $25,100,000, 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), $25,000,000 for each of fiscal

years 1996 and 1997, to remain available until expended.

(b) AMOUNTS FROM THE DISCRETIONARY BRIDGE PROGRAM.—

(1) Section 104 of title 49, United States Code, is amended by

adding at the end thereof the following:

‘‘(e) Notwithstanding the provisions of sections 101(d) and 144

of title 23, highway bridges determined to be unreasonable obstructions to navigation under the Truman-Hobbs Act may be funded

from amounts set aside from the discretionary bridge program.

The Secretary shall transfer these allocations and the responsibility

for administration of these funds to the United States Coast

Guard.’’.

(2) Notwithstanding any other provision of law, the Secretary

of Transportation shall allocate out of funds available, $9,100,000

for the John F. Limehouse Memorial Bridge, Charleston, South

Carolina. The allocation shall be deposited in the Truman-Hobbs

bridge program account. The Secretary shall transfer this allocation

and responsibility for administration of these funds to the United

States Coast Guard.

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) 38,400 as of September 30, 1996; and

(2) 37,561 as of September 30, 1997.

(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 1996, 1604 student years; and

(B) for fiscal year 1997, 1604 student years.

(2) For flight training—

(A) for fiscal year 1996, 85 student years; and

(B) for fiscal year 1997, 95 student years.

(3) For professional training in military and civilian institutions—

(A) for fiscal year 1996, 330 student years; and

(B) for fiscal year 1997, 295 student years.

(4) For officer acquisition—

(A) for fiscal year 1996, 874 student years; and

(B) for fiscal year 1997, 878 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.

14 USC 89 note.
110 STAT. 3906 PUBLIC LAW 104–324—OCT. 19, 1996

SEC. 104. 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.

TITLE II—PERSONNEL MANAGEMENT

IMPROVEMENT

SEC. 201. PROVISION OF CHILD DEVELOPMENT SERVICES.

(a) IN GENERAL.—Title 14, United States Code, is amended

by inserting after section 514 the following new section:

‘‘§ 515. Child development services

‘‘(a) The Commandant may make child development services

available for members and civilian employees of the Coast Guard,

and thereafter as space is available for members of the Armed

Forces and Federal civilian employees. Child development service

benefits provided under the authority of this section shall be in

addition to benefits provided under other laws.

‘‘(b)(1) Except as provided in paragraph (2), the Commandant

may require that amounts received as fees for the provision of

services under this section at Coast Guard child development centers be used only for compensation of employees at those centers

who are directly involved in providing child care.

‘‘(2) If the Commandant determines that compliance with the

limitation in paragraph (1) would result in an uneconomical and

inefficient use of such fee receipts, the Commandant may (to the

extent that such compliance would be uneconomical and inefficient)

use such receipts—

‘‘(A) for the purchase of consumable or disposable items

for Coast Guard child development centers; and

‘‘(B) if the requirements of such centers for consumable

or disposable items for a given fiscal year have been met,

for other expenses of those centers.

‘‘(c) The Commandant shall provide for regular and unannounced inspections of each child development center under this

section and may use Department of Defense or other training programs to ensure that all child development center employees under

this section meet minimum standards of training with respect to

early childhood development, activities and disciplinary techniques

appropriate to children of different ages, child abuse prevention

and detection, and appropriate emergency medical procedures.

‘‘(d) Of the amounts available to the Coast Guard each fiscal

year for operating expenses (and in addition to amounts received

as fees), the Secretary may use for child development services

under this section an amount not to exceed the total amount the

Commandant estimates will be received by the Coast Guard in

the fiscal year as fees for the provision of those services.

‘‘(e) The Commandant may use appropriated funds available

to the Coast Guard to provide assistance to family home day care

providers so that family home day care services can be provided

to uniformed service members and civilian employees of the Coast
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3907

Guard at a cost comparable to the cost of services provided by

Coast Guard child development centers.

‘‘(f) The Secretary shall promulgate regulations to implement

this section. The regulations shall establish fees to be charged

for child development services provided under this section which

take into consideration total family income.

‘‘(g) For purposes of this section, the term ‘child development

center’ does not include a child care services facility for which

space is allotted under section 616 of the Act of December 22,

1987 (40 U.S.C. 490b).’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 13 of title 14, United States Code, is amended

by inserting after the item related to section 514 the following:

‘‘515. Child development services.’’.

SEC. 202. HURRICANE ANDREW RELIEF.

Section 2856 of the National Defense Authorization Act for

Fiscal Year 1993 (Pub. L. 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 funds available to the Coast Guard, not

to exceed $25,000, shall be used. The Secretary of Transportation

shall administer the provisions of section 2856 for the Coast Guard.

SEC. 203. DISSEMINATION OF RESULTS OF 0–6 CONTINUATION

BOARDS.

Section 289(f) of title 14, United States Code, is amended

by striking ‘‘Upon approval by the President, the names of the

officers selected for continuation on active duty by the board shall

be promptly disseminated to the service at large.’’.

SEC. 204. 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. 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

Florida.

Regulations.
110 STAT. 3908 PUBLIC LAW 104–324—OCT. 19, 1996

‘‘(C) if, on the date specified for the officer’s discharge

under 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.’’.

SEC. 206. RECRUITING.

(a) CAMPUS RECRUITING.—Section 558 of the National Defense

Authorization Act for Fiscal Year 1995 (108 Stat. 2776) is amended—

(1) by inserting ‘‘or the Department of Transportation’’

in subsection (a)(1) after ‘‘the Department of Defense’’;

(2) by inserting ‘‘or the Secretary of Transportation’’ after

‘‘the Secretary of Defense’’ in subsection (a)(1); and

(3) by inserting ‘‘and the Secretary of Transportation’’ after

‘‘the Secretary of Education’’ in subsection (b).

(b) FUNDS FOR RECRUITING.—The text of section 468 of title

14, United States Code, is amended to read as follows:

‘‘The Coast Guard may expend operating expense funds for

recruiting activities, including but not limited to advertising and

entertainment, in order to—

‘‘(1) obtain recruits for the Service and cadet applicants;

and

‘‘(2) gain support of recruiting objectives from those who

may assist in the recruiting effort.’’.

(c) RECRUITMENT OF WOMEN AND MINORITIES.—Not later than

January 31, 1997, 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. 207. ACCESS TO NATIONAL DRIVER REGISTER INFORMATION ON

CERTAIN COAST GUARD PERSONNEL.

(a) AMENDMENT TO TITLE 14.—Section 93 of title 14, United

States Code, is amended—

(1) 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

(3) by adding at the end the following new paragraph:

‘‘(v) require that any 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:

Reports.

10 USC 503 note.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3909

‘‘(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. 208. COAST GUARD HOUSING AUTHORITIES.

(a) IN GENERAL.—Title 14, United States Code, is amended

by adding after chapter 17 the following new chapter:

‘‘CHAPTER 18—COAST GUARD HOUSING

AUTHORITIES

‘‘Sec.

‘‘680. Definitions.

‘‘681. General authority.

‘‘682. Loan guarantees.

‘‘683. Leasing of housing to be constructed.

‘‘684. Limited partnerships in nongovernmental entities.

‘‘685. Conveyance or lease of existing property and facilities.

‘‘686. Assignment of members of the armed forces to housing units.

‘‘687. Coast Guard Housing Fund.

‘‘688. Reports.

‘‘689. Expiration of authority.

‘‘§ 680. Definitions

‘‘In this chapter:

‘‘(1) The term ‘construction’ means the construction of military housing units and ancillary supporting facilities or the

improvement or rehabilitation of existing units or ancillary

supporting facilities.

‘‘(2) The term ‘contract’ includes any contract, lease, or

other agreement entered into under the authority of this chapter.

‘‘(3) The term ‘military unaccompanied housing’ means military housing intended to be occupied by members of the armed

forces serving a tour of duty unaccompanied by dependents.

‘‘(4) The term ‘United States’ includes the Commonwealth

of Puerto Rico, Guam, the United States Virgin Islands, and

the District of Columbia.

‘‘§ 681. General authority

‘‘(a) AUTHORITY.—In addition to any other authority providing

for the acquisition or construction of military family housing or

military unaccompanied housing, the Secretary may exercise any

authority or any combination of authorities provided under this

chapter in order to provide for the acquisition or construction by

private persons of the following:

‘‘(1) Family housing units on or near Coast Guard installations within the United States and its territories and possessions.
110 STAT. 3910 PUBLIC LAW 104–324—OCT. 19, 1996

‘‘(2) Unaccompanied housing units on or near such Coast

Guard installations.

‘‘(b) LIMITATION ON APPROPRIATIONS.—No appropriation shall

be made to acquire or construct military family housing or military

unaccompanied housing under this chapter if that acquisition or

construction has not been approved by resolutions adopted by the

Committee on Transportation and Infrastructure of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate.

‘‘§ 682. Loan guarantees

‘‘(a) LOAN GUARANTEES.—

‘‘(1) Subject to subsection (b), the Secretary may guarantee

a loan made to any person in the private sector if the proceeds

of the loan are to be used by the person to acquire, or construct

housing units that the Secretary determines are suitable for

use as military family housing or as military unaccompanied

housing.

‘‘(2) The amount of a guarantee on a loan that may be

provided under paragraph (1) may not exceed the amount equal

to the lesser of—

‘‘(A) 80 percent of the value of the project; or

‘‘(B) the outstanding principal of the loan.

‘‘(3) The Secretary shall establish such terms and conditions

with respect to guarantees of loans under this subsection as

the Secretary considers appropriate to protect the interests

of the United States, including the rights and obligations of

the United States with respect to such guarantees.

‘‘(4) The funds for the loan guarantees entered into under

this section shall be held in the Coast Guard Housing Fund

under section 687 of this title. The Secretary is authorized

to purchase mortgage insurance to guarantee loans in lieu

of guaranteeing loans directly against funds held in the Coast

Guard Housing Fund.

‘‘(b) LIMITATION ON GUARANTEE AUTHORITY.—Loan guarantees

may be made under this section only to the extent that appropriations of budget authority to cover their cost (as defined in section

502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)))

are made in advance, or authority is otherwise provided in appropriations Acts. If such appropriation or other authority is provided,

there may be established a financing account (as defined in section

502(7) of such Act (2 U.S.C. 661a(7))) which shall be available

for the disbursement of payment of claims for payment on loan

guarantees under this section and for all other cash flows to and

from the Government as a result of guarantees made under this

section.

‘‘§ 683. Leasing of housing to be constructed

‘‘(a) BUILD AND LEASE AUTHORIZED.—The Secretary may enter

into contracts for the lease of military family housing units or

military unaccompanied housing units to be constructed under this

chapter.

‘‘(b) LEASE TERMS.—A contract under this section may be for

any period that the Secretary determines appropriate and may

provide for the owner of the leased property to operate and maintain

the property.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3911

‘‘§ 684. Limited partnerships with nongovernmental entities

‘‘(a) LIMITED PARTNERSHIPS AUTHORIZED.—The Secretary may

enter into limited partnerships with nongovernmental entities

carrying out projects for the acquisition or construction of housing

units suitable for use as military family housing or as military

unaccompanied housing.

‘‘(b) LIMITATION ON VALUE OF INVESTMENT IN LIMITED PARTNERSHIP.—(1) The cash amount of an investment under this section

in a nongovernmental entity may not exceed an amount equal

to 331⁄3 percent of the capital cost (as determined by the Secretary)

of the project or projects that the entity proposes to carry out

under this section with the investment.

‘‘(2) If the Secretary conveys land or facilities to a nongovernmental entity as all or part of an investment in the entity under

this section, the total value of the investment by the Secretary

under this section may not exceed an amount equal to 45 percent

of the capital cost (as determined by the Secretary) of the project

or projects that the entity proposes to carry out under this section

with the investment.

‘‘(3) In this subsection, the term ‘capital cost’, with respect

to a project for the acquisition or construction of housing, means

the total amount of the costs included in the basis of the housing

for Federal income tax purposes.

‘‘(c) COLLATERAL INCENTIVE AGREEMENTS.—The Secretary shall

enter into collateral incentive agreements with nongovernmental

entities in which the Secretary makes an investment under this

section to ensure that a suitable preference will be afforded members of the armed forces and their dependents in the lease or

purchase, as the case may be, of a reasonable number of the

housing units covered by the investment.

‘‘§ 685. Conveyance or lease of existing property and facilities

‘‘(a) CONVEYANCE OR LEASE AUTHORIZED.—The Secretary may

convey or lease property or facilities (including ancillary support

facilities) to private persons for purposes of using the proceeds

of such conveyance or lease to carry out activities under this chapter.

‘‘(b) TERMS AND CONDITIONS.—(1) The conveyance or lease of

property or facilities under this section shall be for such consideration and upon such terms and conditions as the Secretary considers

appropriate for the purposes of this chapter and to protect the

interests of the United States.

‘‘(2) As part or all of the consideration for a conveyance or

lease under this section, the purchaser or lessor (as the case may

be) may enter into an agreement with the Secretary to ensure

that a suitable preference will be afforded members of the armed

forces and their dependents in the lease or sublease of a reasonable

number of the housing units covered by the conveyance or lease,

as the case may be, or in the lease of other suitable housing

units made available by the purchaser or lessee.

‘‘(c) INAPPLICABILITY OF CERTAIN PROPERTY MANAGEMENT

LAWS.—The conveyance or lease of property or facilities under

this section shall not be subject to the following provisions of

law:

‘‘(1) The Federal Property and Administrative Services Act

of 1949 (40 U.S.C. 471 et seq.).
110 STAT. 3912 PUBLIC LAW 104–324—OCT. 19, 1996

‘‘(2) Section 321 of the Act of June 30, 1932 (commonly

known as the Economy Act) (47 Stat. 412, chapter 314; 40

U.S.C. 303b).

‘‘(3) The Stewart B. McKinney Homeless Assistance Act

(42 U.S.C. 11301 et seq.).

‘‘§ 686. Assignment of members of the armed forces to housing

units

‘‘(a) IN GENERAL.—The Secretary may assign members of the

armed forces to housing units acquired or constructed under this

chapter.

‘‘(b) EFFECT OF CERTAIN ASSIGNMENTS ON ENTITLEMENT TO

HOUSING ALLOWANCES.—(1) Except as provided in paragraph (2),

housing referred to in subsection (a) shall be considered as quarters

of the United States or a housing facility under the jurisdiction

of a uniformed service for purposes of section 403(b) of title 37.

‘‘(2) A member of the armed forces who is assigned in accordance with subsection (a) to a housing unit not owned or leased

by the United States shall be entitled to a basic allowance for

quarters under section 403 of title 37, and, if in a high housing

cost area, a variable housing allowance under section 403a of that

title.

‘‘(c) LEASE PAYMENTS THROUGH PAY ALLOTMENTS.—The Secretary may require members of the armed forces who lease housing

in housing units acquired or constructed under this chapter to

make lease payments for such housing pursuant to allotments of

the pay of such members under section 701 of title 37.

‘‘§ 687. Coast Guard Housing Fund

‘‘(a) ESTABLISHMENT.—There is hereby established on the books

of the Treasury an account to be known as the Coast Guard Housing

Fund (in this section referred to as the ‘Fund’).

‘‘(b) CREDITS TO FUND.—There shall be credited to the Fund

the following:

‘‘(1) Amounts authorized for and appropriated to that Fund.

‘‘(2) Subject to subsection (e), any amounts that the Secretary transfers, in such amounts as provided in appropriation

Acts, to that Fund from amounts authorized and appropriated

to the Department of Transportation or Coast Guard for the

acquisition or construction of military family housing or

unaccompanied housing.

‘‘(3) Proceeds from the conveyance or lease of property

or facilities under section 685 of this title for the purpose

of carrying out activities under this chapter with respect to

military family and military unaccompanied housing.

‘‘(4) Income from any activities under this chapter, including interest on loan guarantees made under section 682 of

this title, income and gains realized from investments under

section 684 of this title, and any return of capital invested

as part of such investments.

‘‘(c) USE OF AMOUNTS IN FUND.—(1) In such amounts as provided in appropriation Acts and except as provided in subsection

(d), the Secretary may use amounts in the Coast Guard Housing

Fund to carry out activities under this chapter with respect to

military family and military unaccompanied housing units, including activities required in connection with the planning, execution,
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3913

and administration of contracts entered into under the authority

of this chapter.

‘‘(2) Amounts made available under this subsection shall remain

available until expended.

‘‘(d) LIMITATION ON OBLIGATIONS.—The Secretary may not incur

an obligation under a contract or other agreements entered into

under this chapter in excess of the unobligated balance, at the

time the contract is entered into, of the Fund required to be used

to satisfy the obligation.

‘‘(e) NOTIFICATION REQUIRED FOR TRANSFERS.—A transfer of

appropriated amounts to the Fund under subsection (b)(2) or (b)(3)

of this section may be made only after the end of a 30-day period

beginning on the date the Secretary submits written notice of,

and justification for, the transfer to the appropriate committees

of Congress.

‘‘(f) LIMITATION ON AMOUNT OF BUDGET AUTHORITY.—The total

value in budget authority of all contracts and investments undertaken using the authorities provided in this chapter shall not exceed

$20,000,000.

‘‘§ 688. Reports

‘‘The Secretary shall include each year in the materials the

Secretary submits to the Congress in support of the budget submitted by the President pursuant to section 1105 of title 31, the

following:

‘‘(1) A report on each contract or agreement for a project

for the acquisition or construction of military family or military

unaccompanied housing units that the Secretary proposes to

solicit under this chapter, describing the project and the method

of participation of the United States in the project and providing

justification of such method of participation.

‘‘(2) A report describing each conveyance or lease proposed

under section 685 of this title.

‘‘(3) A methodology for evaluating the extent and effectiveness of the use of the authorities under this chapter during

such preceding fiscal year.

‘‘(4) A description of the objectives of the Department of

Transportation for providing military family housing and military unaccompanied housing for members of the Coast Guard.

‘‘§ 689. Expiration of authority

‘‘The authority to enter into a transaction under this chapter

shall expire October 1, 2001.’’.

(b) FINAL REPORT.—Not later than March 1, 2000, the Secretary

of the department in which the Coast Guard is operating shall

submit to the Congress a report on the use by the Secretary of

the authorities provided by chapter 18 of title 14, United States

Code, as added by subsection (a). The report shall assess the

effectiveness of such authority in providing for the construction

and improvement of military family housing and military unaccompanied housing.

(c) CLERICAL AMENDMENT.—The table of chapters at the beginning of part I of title 14, United States Code, is amended by

inserting after the item relating to chapter 17 the following:

‘‘18. Coast Guard Housing Authorities .......................................................... 680’’.

(d) PILOT PROJECT.—Notwithstanding section 681(b) of title

14, United States Code, as amended by this Act, and subject to

14 USC 688 note.
110 STAT. 3914 PUBLIC LAW 104–324—OCT. 19, 1996

the other requirements of chapter 18 of such title, as amended

by this Act, the Secretary of Transportation may use the authority

provided in sections 682, 683, 684, 685, and 686 of such chapter

to provide for the acquisition or construction of up to 60 family

housing units and unaccompanied housing units on or near Coast

Guard Integrated Support Command, Ketchikan, Alaska.

SEC. 209. BOARD FOR CORRECTION OF MILITARY RECORDS DEADLINE.

(a) IN GENERAL.—Chapter 11 of title 14, United States Code,

is amended by inserting after section 424 the following new section:

‘‘§ 425. Board for Correction of Military Records deadline

‘‘(a) DEADLINE FOR COMPLETION OF ACTION.—The Secretary

shall complete processing of an application for correction of military

records under section 1552 of title 10 by not later than 10 months

after the date the Secretary receives the completed application.

‘‘(b) 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 in which

the Coast Guard is operating; 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, directing

final action be taken within 30 days from the date the

order is entered; and

‘‘(B) from amounts appropriated to the department in

which the Coast Guard is operating, the costs of obtaining

the order, including a reasonable attorney’s fee.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 11 of title 14, United States Code, is amended

by inserting after the item relating to section 424 the following

new item:

‘‘425. Board for Correction of Military Records deadline.’’.

(c) SPECIAL RIGHT OF APPLICATIONS UNDER THIS SECTION.—

This section applies to any applicant who had an application filed

with or pending before the Board or the Secretary of the department

in which the Coast Guard is operating on or after June 12, 1990,

who files with the Board for Correction of Military Records of

the Coast Guard an application for relief under the amendment

made by subsection (a). If a recommended decision was modified

or reversed on review with final agency action occurring after

expiration of the 10-month deadline under that amendment, an

applicant who so requests shall have the order in the final decision

vacated and receive the relief granted in the recommended decision

if the Coast Guard has the legal authority to grant such relief.

The recommended decision shall otherwise have no effect as precedent.

(d) EFFECTIVE DATE.—This section shall be effective on and

after June 12, 1990.

14 USC 425 note.

14 USC 425 note.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3915

SEC. 210. REPEAL TEMPORARY PROMOTION OF WARRANT OFFICERS.

(a) REPEAL.—Section 277 of title 14, United States Code, is

repealed. The repeal of such section shall not be construed to

affect the status of any warrant officer currently serving under

a temporary promotion.

(b) CONFORMING AMENDMENT.—The table of sections at the

beginning of chapter 11 of title 14, United States Code, is amended

by striking the item relating to section 277.

SEC. 211. APPOINTMENT OF TEMPORARY OFFICERS.

(a) IN GENERAL.—Section 214 of title 14, United States Code,

is amended—

(1) in the heading by striking ‘‘Original appointment’’

and inserting ‘‘Appointment’’;

(2) by redesignating subsections (d), (e), and (f) in order

as subsections (b), (c), and (d); and

(3) in subsection (c), as so redesignated, by inserting

‘‘, or a subsequent promotion appointment of a temporary officer,’’ after ‘‘section’’.

(b) CONFORMING AMENDMENT.—The table of sections at the

beginning of chapter 11 of title 14, United States Code, is amended

in the item relating to section 214 by striking ‘‘Original appointment’’ and inserting ‘‘Appointment’’.

SEC. 212. INFORMATION TO BE PROVIDED TO OFFICER SELECTION

BOARDS.

Section 258(2) of title 14, United States Code, is amended

by striking ‘‘, with identification of those officers who are in the

promotion zone’’.

SEC. 213. RESCUE DIVER TRAINING FOR SELECTED COAST GUARD

PERSONNEL.

(a) IN GENERAL.—Section 88 of title 14, United States Code,

is amended by adding at the end the following new subsection:

‘‘(d) The Secretary shall establish a helicopter rescue swimming

program for the purpose of training selected Coast Guard personnel

in rescue swimming skills, which may include rescue diver training.’’.

(b) CONFORMING AMENDMENT.—Section 9 of the Coast Guard

Authorization Act of 1984 (98 Stat. 2862; 14 U.S.C. 88 note) is

repealed.

SEC. 214. SPECIAL AUTHORITIES REGARDING COAST GUARD.

(a) REIMBURSEMENT OF EXPENSES FOR MESS OPERATIONS.—

Section 1011 of title 37, United States Code, is amended by adding

at the end the following new subsection:

‘‘(d) When the Coast Guard is not operating as a service in

the Navy, the Secretary of Transportation shall establish rates

for meals sold at Coast Guard dining facilities, provide for

reimbursement of operating expenses and food costs to the appropriations concerned, and reduce the rates for such meals when

the Secretary determines that it is in the best interest of the

United States to do so.’’.

(b) SEVERABLE SERVICES CONTRACTS CROSSING FISCAL YEARS.—

Section 2410a of title 10, United States Code, is amended—

(1) by striking ‘‘Funds’’ and inserting ‘‘(a) Funds’’; and

(2) by adding at the end the following new subsection:
110 STAT. 3916 PUBLIC LAW 104–324—OCT. 19, 1996

‘‘(b) The Secretary of Transportation with respect to the Coast

Guard when it is not operating as a service in the Navy, may

enter into a contract for procurement of severable services for

a period that begins in one fiscal year and ends in the next fiscal

year if (without regard to any option to extend the period of the

contract) the contract period does not exceed one year. Funds made

available for a fiscal year may be obligated for the total amount

of a contract entered into under the authority of this subsection.’’.

TITLE III—MARINE SAFETY AND

WATERWAY SERVICES MANAGEMENT

SEC. 301. CHANGES TO DOCUMENTATION LAWS.

(a) CIVIL PENALTY.— Section 12122(a) of title 46, United States Code, is amended by striking ‘‘$500’’ and inserting ‘‘$10,000’’.

(b) SEIZURE AND FORFEITURE.— (1) IN GENERAL.—Section 12122(b) of title 46, United States

Code, is amended to read as follows:

‘‘(b) A vessel and its equipment are liable to seizure by and

forfeiture to the United States Government—

‘‘(1) when the owner of a vessel or the representative or

agent of the owner knowingly falsifies or conceals a material

fact, or knowingly makes a false statement or representation

about the documentation or when applying for documentation

of the vessel;

‘‘(2) when a certificate of documentation is knowingly and

fraudulently used for a vessel;

‘‘(3) when a vessel is operated after its endorsement has

been denied or revoked under section 12123 of this title;

‘‘(4) when a vessel is employed in a trade without an

appropriate trade endorsement;

‘‘(5) when a documented vessel with only a recreational

endorsement is operated other than for pleasure; or

‘‘(6) when a documented vessel, other than a vessel with

only a recreational endorsement, is placed under the command

of a person not a citizen of the United States.’’.

(2) CONFORMING AMENDMENT.—Section 12122(c) of title 46,

United States Code, is repealed.

(c) LIMITATION ON OPERATION OF VESSEL WITH ONLY REC- REATIONAL ENDORSEMENT.—Section 12110(c) of title 46, United

States Code, is amended to read as follows:

‘‘(c) A vessel with only a recreational endorsement may not

be operated other than for pleasure.’’.

(d) TERMINATION OF RESTRICTION ON COMMAND OF REC- REATIONAL VESSELS.— (1) TERMINATION OF RESTRICTION.—Subsection (d) of section

12110 of title 46, United States Code, is amended by inserting

‘‘, other than a vessel with only a recreational endorsement,’’

after ‘‘A documented vessel’’; and

(2) CONFORMING AMENDMENTS.— (A) Section 12111(a)(2) of title 46, United States Code,

is amended by inserting before the period the following:

‘‘in violation of section 12110(d) of this title’’.

(B) Section 317 of Public Law 101–595 is amended

by striking ‘‘and 12111’’ and inserting ‘‘12111, and

12122(b)’’.

46 USC 8103

note.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3917

(e) FISHERY ENDORSEMENTS.—Section 12108 of title 46, United

States Code, is amended by adding at the end the following:

‘‘(d) A vessel purchased by the Secretary of Commerce through

a fishing capacity reduction program under the Magnuson Fishery

Conservation Management Act (16 U.S.C. 1801 et seq.) or section

308 of the Interjurisdictional Fisheries Act (16 U.S.C. 4107) is

not eligible for a fishery endorsement, and any fishery endorsement

issued for that vessel is invalid.’’.

SEC. 302. 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. 303. MARITIME DRUG AND ALCOHOL TESTING PROGRAM CIVIL

PENALTY.

(a) IN GENERAL.—Chapter 21 of title 46, United States Code,

is amended by adding at the end a new section 2115 to read

as follows:

‘‘§ 2115. Civil penalty to enforce alcohol and dangerous drug

testing

‘‘Any person who fails to implement or conduct, or who otherwise fails to comply with the requirements prescribed by the Secretary for, chemical testing for dangerous drugs or for evidence

of alcohol use, as prescribed under this subtitle or a regulation

prescribed by the Secretary to carry out the provisions of this

subtitle, 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) CONFORMING 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:

‘‘2115. Civil penalty to enforce alcohol and dangerous drug testing.’’.

SEC. 304. RENEWAL OF ADVISORY GROUPS.

(a) NAVIGATION SAFETY ADVISORY COUNCIL.—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) COMMERCIAL FISHING INDUSTRY VESSEL ADVISORY COMMIT- TEE.—Subsection (e)(1) of section 4508 of title 46, United States

Code, is amended by striking ‘‘September 30, 1994’’ and inserting

‘‘September 30, 2000’’.

(c) 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 ‘‘September 30,

2000’’.

(d) HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY

COMMITTEE.—The Coast Guard Authorization Act of 1991 (Public

Law 102–241) is amended by adding at the end of section 18

the following:

105 Stat. 2213.
110 STAT. 3918 PUBLIC LAW 104–324—OCT. 19, 1996

‘‘(h) The Committee shall terminate on September 30, 2000.’’.

(e) LOWER MISSISSIPPI RIVER WATERWAY ADVISORY COMMIT- TEE.—The Coast Guard Authorization Act of 1991 (Public Law

102–241) is amended by adding at the end of section 19 the following:

‘‘(g) The Committee shall terminate on September 30, 2000.’’.

(f) NATIONAL BOATING SAFETY ADVISORY COUNCIL.—Section

13110(e) of title 46, United States Code, is amended by striking

‘‘September 30, 1996’’ and inserting ‘‘September 30, 2000’’.

(g) 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. 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. 306. 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 TOWING 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. 307. AMENDMENT TO REQUIRE EPIRBS ON THE GREAT LAKES.

Paragraph (7) of section 4502(a) of title 46, United States

Code, is amended by inserting ‘‘or beyond 3 nautical miles from

the coastline of the Great Lakes’’ after ‘‘high seas’’.

SEC. 308. REPORT ON LORAN-C REQUIREMENTS.

Not later than 6 months after the date of enactment of this

Act, the Secretary of Transportation, in cooperation with the Secretary of Commerce, shall 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 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 plan shall provide for—

(1) mechanisms to make full use of compatible satellite

and LORAN-C technology by all modes of transportation, the

telecommunications industry, and the National Weather Service;

(2) an appropriate timetable for transition from groundbased radionavigation technology after it is determined that

satellite-based technology is available as a sole means of safe

and efficient navigation and taking into consideration the need

Regulations.

105 Stat. 2215.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3919

to ensure that LORAN-C technology purchased by the public

before the year 2000 has a useful economic life; and

(3) agencies in the Department of Transportation and other

relevant Federal agencies to share the Federal Government’s

costs related to LORAN-C technology.

SEC. 309. SMALL BOAT STATIONS.

(a) IN GENERAL.—Chapter 17 of title 14, United States Code,

is amended by adding at the end the following:

‘‘§ 673. Small boat station rescue capability

‘‘The Secretary of Transportation shall ensure that each Coast

Guard small boat station (including a seasonally operated station)

maintains, within the area of responsibility for the station, at

least 1 vessel that is fully capable of performing offshore rescue

operations, taking into consideration prevailing weather, marine

conditions, and depositional geologic features such as sand bars.

‘‘§ 674. Small boat station closures

‘‘(a) CLOSURES.—The Secretary of Transportation may not close

a Coast Guard multimission small boat station or subunit unless

the Secretary—

‘‘(1) determines that—

‘‘(A) remaining search and rescue capabilities maintain

the safety of the maritime public in the area of the station

or subunit;

‘‘(B) regional or local prevailing weather and marine

conditions, including water temperature or unusual tide

and current conditions, do not require continued operation

of the station or subunit; and

‘‘(C) Coast Guard search and rescue standards related

to search and rescue response times are met; and

‘‘(2) provides an opportunity for public comment and for

public meetings in the area of the station or subunit with

regard to the decision to close the station or subunit.

‘‘(b) OPERATIONAL FLEXIBILITY.—The Secretary may implement

any management efficiencies within the small boat station system,

such as modifying the operational posture of units or reallocating

resources as necessary to ensure the safety of the maritime public

nationwide. No stations or subunits may be closed under this subsection except in accordance with subsection (a).’’.

(b) CLERICAL AMENDMENT.—The analysis at the beginning of

chapter 17 of title 14, United States Code, is amended by adding

at the end the following new items:

‘‘673. Small boat station rescue capability.

‘‘674. Small boat station closures.’’.

SEC. 310. PENALTY FOR ALTERATION OF MARINE SAFETY EQUIPMENT.

Section 3318(b) of title 46, United States Code, is amended—

(1) by inserting ‘‘(1)’’ before ‘‘A person’’; and

(2) by adding at the end thereof the following:

‘‘(2) A person commits a class D felony if the person—

‘‘(A) alters or services lifesaving, fire safety, or any other

equipment subject to this part for compensation; and

‘‘(B) by that alteration or servicing, intentionally renders

that equipment unsafe and unfit for the purpose for which

it is intended.’’.
110 STAT. 3920 PUBLIC LAW 104–324—OCT. 19, 1996

SEC. 311. PROHIBITION ON OVERHAUL, REPAIR, AND MAINTENANCE

OF COAST GUARD VESSELS IN FOREIGN SHIPYARDS.

(a) PROHIBITION.—Chapter 5 of title 14, United States Code,

is amended by adding at the end the following:

‘‘§ 96. Prohibition on overhaul, repair, and maintenance of

Coast Guard vessels in foreign shipyards

‘‘A Coast Guard vessel the home port of which is in a State

of the United States may not be overhauled, repaired, or maintained

in a shipyard outside the United States, other than in the case

of voyage repairs.’’.

(b) CLERICAL AMENDMENT.—The chapter analysis for chapter

5 of title 14, United States Code, is amended by adding at the

end the following:

‘‘96. Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in foreign shipyards.’’.

SEC. 312. 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 individual 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 individual 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 individual 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 individual 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 individual 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 individual 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
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3921

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 individual 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

individual 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 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.’’.

SEC. 313. INFORMATION BARRED IN LEGAL PROCEEDINGS.

(a) IN GENERAL.—Chapter 63 of title 46, United States Code,

is amended by inserting after section 6307 the following:

‘‘§ 6308. Information barred in legal proceedings

‘‘(a) Notwithstanding any other provision of law, no part of

a report of a marine casualty investigation conducted under section

6301 of this title, including findings of fact, opinions, recommendations, deliberations, or conclusions, shall be admissible as evidence

or subject to discovery in any civil or administrative proceedings,

other than an administrative proceeding initiated by the United

States. Any employee of the Department of Transportation, and

any member of the Coast Guard, investigating a marine casualty

pursuant to section 6301 of this title, shall not be subject to deposition or other discovery, or otherwise testify in such proceedings

relevant to a marine casualty investigation, without the permission

of the Secretary of Transportation. The Secretary shall not withhold

permission for such employee or member to testify, either orally

or upon written questions, on solely factual matters at a time

and place and in a manner acceptable to the Secretary if the

information is not available elsewhere or is not obtainable by other

means.

‘‘(b) Nothing in this section prohibits the United States from

calling the employee or member as an expert witness to testify

on its behalf. Further, nothing in this section prohibits the employee

or member from being called as a fact witness in any case in

which the United States is a party. If the employee or member

is called as an expert or fact witness, the applicable Federal Rules

of Civil Procedure govern discovery. If the employee or member

is called as a witness, the report of a marine casualty investigation

conducted under section 6301 of this title shall not be admissible,

as provided in subsection (a), and shall not be considered the

report of an expert under the Federal Rules of Civil Procedure.

‘‘(c) The information referred to in subsections (a) and (b) of

this section shall not be considered an admission of liability by

the United States or by any person referred to in those conclusions

and statements.’’.
110 STAT. 3922 PUBLIC LAW 104–324—OCT. 19, 1996

(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 relating to section 6307 the following

new item:

‘‘6308. Information barred in legal proceedings.’’.

SEC. 314. MARINE CASUALTY REPORTING.

(a) SUBMISSION OF PLAN.—Not later than one year after enactment of this Act, the Secretary of Transportation shall, in consultation with appropriate State agencies, submit to the Committee

on Resources of the House of Representatives and the Committee

on Commerce, Science, and Transportation of the Senate a plan

to increase reporting of vessel accidents to appropriate State law

enforcement officials.

(b) PENALTIES FOR VIOLATING REPORTING REQUIREMENTS.—Section 6103(a) of title 46, United States Code, is amended by inserting

‘‘or 6102’’ after ‘‘6101’’ the second place it appears.

TITLE IV—COAST GUARD AUXILIARY

SEC. 401. ADMINISTRATION OF THE COAST GUARD AUXILIARY.

(a) IN GENERAL.—Section 821 of title 14, United States Code,

is amended to read as follows:

‘‘§ 821. Administration of the Coast Guard Auxiliary

‘‘(a) The Coast Guard Auxiliary is a nonmilitary organization

administered by the Commandant under the direction of the Secretary. For command, control, and administrative purposes, the

Auxiliary shall include such organizational elements and units as

are approved by the Commandant, including but not limited to,

a national board and staff (to be known as the ‘Auxiliary headquarters unit’), districts, regions, divisions, flotillas, and other

organizational elements and units. The Auxiliary organization and

its officers shall have such rights, privileges, powers, and duties

as may be granted to them by the Commandant, consistent with

this title and other applicable provisions of law. The Commandant

may delegate to officers of the Auxiliary the authority vested in

the Commandant by this section, in the manner and to the extent

the Commandant considers necessary or appropriate for the functioning, organization, and internal administration of the Auxiliary.

‘‘(b) Each organizational element or unit of the Coast Guard

Auxiliary organization (but excluding any corporation formed by

an organizational element or unit of the Auxiliary under subsection

(c) of this section), shall, except when acting outside the scope

of section 822, at all times be deemed to be an instrumentality

of the United States, for purposes of the following:

‘‘(1) Chapter 26 of title 28 (popularly known as the Federal

Tort Claims Act).

‘‘(2) Section 2733 of title 10 (popularly known as the Military Claims Act).

‘‘(3) The Act of March 3, 1925 (46 App. U.S.C. 781–790;

popularly known as the Public Vessels Act).

‘‘(4) The Act of March 9, 1920 (46 App. U.S.C. 741–752;

popularly known as the Suits in Admiralty Act).

‘‘(5) The Act of June 19, 1948 (46 App. U.S.C. 740; popularly

known as the Admiralty Extension Act).

46 USC 6102

note.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3923

‘‘(6) Other matters related to noncontractual civil liability.

‘‘(c) The national board of the Auxiliary, and any Auxiliary

district or region, may form a corporation under State law in

accordance with policies established by the Commandant.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 23 of title 14, United States Code, is amended

by striking the item relating to section 821, and inserting the

following:

‘‘821. Administration of the Coast Guard Auxiliary.’’.

SEC. 402. PURPOSE OF THE COAST GUARD AUXILIARY.

(a) IN GENERAL.—Section 822 of title 14, United States Code,

is amended to read as follows:

‘‘§ 822. Purpose of the Coast Guard Auxiliary

‘‘The purpose of the Auxiliary is to assist the Coast Guard

as authorized by the Commandant, in performing any Coast Guard

function, power, duty, role, mission, or operation authorized by

law.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 23 of title 14, United States Code, is amended

by striking the item relating to section 822 and inserting the

following:

‘‘822. Purpose of the Coast Guard Auxiliary.’’.

SEC. 403. MEMBERS OF THE AUXILIARY; STATUS.

(a) IN GENERAL.—Title 14, United States Code, is amended

by inserting after section 823 the following new section:

‘‘§ 823a. Members of the Auxiliary; status

‘‘(a) Except as otherwise provided in this chapter, a member

of the Coast Guard Auxiliary shall not be considered to be a Federal

employee and shall not be subject to the provisions of law relating

to Federal employment, including those relating to hours of work,

rates of compensation, leave, unemployment compensation, Federal

employee benefits, ethics, conflicts of interest, and other similar

criminal or civil statutes and regulations governing the conduct

of Federal employees. However, nothing in this subsection shall

constrain the Commandant from prescribing standards for the conduct and behavior of members of the Auxiliary.

‘‘(b) A member of the Auxiliary while assigned to duty shall

be deemed to be a Federal employee only for the purposes of

the following:

‘‘(1) Chapter 26 of title 28 (popularly known as the Federal

Tort Claims Act).

‘‘(2) Section 2733 of title 10 (popularly known as the Military Claims Act).

‘‘(3) The Act of March 3, 1925 (46 App. U.S.C. 781–790;

popularly known as the Public Vessels Act).

‘‘(4) The Act of March 9, 1920 (46 App. U.S.C. 741–752;

popularly known as the Suits in Admiralty Act).

‘‘(5) The Act of June 19, 1948 (46 App. U.S.C. 740; popularly

known as the Admiralty Extension Act).

‘‘(6) Other matters related to noncontractual civil liability.

‘‘(7) Compensation for work injuries under chapter 81 of

title 5.
110 STAT. 3924 PUBLIC LAW 104–324—OCT. 19, 1996

‘‘(8) The resolution of claims relating to damage to or

loss of personal property of the member incident to service

under the Military Personnel and Civilian Employees’ Claims

Act of 1964 (31 U.S.C. 3721).

‘‘(c) A member of the Auxiliary, while assigned to duty, shall

be deemed to be a person acting under an officer of the United

States or an agency thereof for purposes of section 1442(a)(1) of

title 28.’’.

(b) CLERICAL AMENDMENT.—The table of sections for chapter

23 of title 14, United States Code, is amended by inserting the

following new item after the item relating to section 823:

‘‘823a. Members of the Auxiliary; status.’’.

SEC. 404. ASSIGNMENT AND PERFORMANCE OF DUTIES.

(a) TRAVEL AND SUBSISTENCE EXPENSE.—Section 830(a) of title

14, United States Code, is amended by striking ‘‘specific’’.

(b) ASSIGNMENT OF GENERAL DUTIES.—Section 831 of title 14,

United States Code, is amended by striking ‘‘specific’’ each place

it appears.

(c) BENEFITS FOR INJURY OR DEATH.—Section 832 of title 14,

United States Code, is amended by striking ‘‘specific’’ each place

it appears.

SEC. 405. COOPERATION WITH OTHER AGENCIES, STATES, TERRITORIES, AND POLITICAL SUBDIVISIONS.

(a) IN GENERAL.—Section 141 of title 14, United States Code,

is amended—

(1) by striking the section heading and inserting the following:

‘‘§ 141. Cooperation with other agencies, States, territories,

and political subdivisions’’;

(2) in the first sentence of subsection (a), by inserting

after ‘‘personnel and facilities’’ the following: ‘‘(including members of the Auxiliary and facilities governed under chapter

23)’’; and

(3) by adding at the end of subsection (a) the following

new sentence: ‘‘The Commandant may prescribe conditions,

including reimbursement, under which personnel and facilities

may be provided under this subsection.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 7 of title 14, United States Code, is amended

by striking the item relating to section 141 and inserting the

following:

‘‘141. Cooperation with other agencies, States, territories, and political subdivisions.’’.

SEC. 406. VESSEL DEEMED PUBLIC VESSEL.

Section 827 of title 14, United States Code, is amended to

read as follows:

‘‘§ 827. Vessel deemed public vessel

‘‘While assigned to authorized Coast Guard duty, any motorboat

or yacht shall be deemed to be a public vessel of the United

States and a vessel of the Coast Guard within the meaning of

sections 646 and 647 of this title and other applicable provisions

of law.’’.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3925

SEC. 407. AIRCRAFT DEEMED PUBLIC AIRCRAFT.

Section 828 of title 14, United States Code, is amended to

read as follows:

‘‘§ 828. Aircraft deemed public aircraft

‘‘While assigned to authorized Coast Guard duty, any aircraft

shall be deemed to be a Coast Guard aircraft, a public vessel

of the United States, and a vessel of the Coast Guard within

the meaning of sections 646 and 647 of this title and other

applicable provisions of law. Subject to the provisions of sections

823a and 831 of this title, while assigned to duty, qualified Auxiliary

pilots shall be deemed to be Coast Guard pilots.’’.

SEC. 408. DISPOSAL OF CERTAIN MATERIAL.

Section 641(a) of title 14, United States Code, is amended—

(1) by inserting after ‘‘with or without charge,’’ the following: ‘‘to the Coast Guard Auxiliary, including any incorporated

unit thereof,’’; and

(2) by striking ‘‘to any incorporated unit of the Coast Guard

Auxiliary,’’.

TITLE V—DEEPWATER PORT

MODERNIZATION

SEC. 501. SHORT TITLE.

This title may be cited as the ‘‘Deepwater Port Modernization

Act’’.

SEC. 502. DECLARATIONS OF PURPOSE AND POLICY.

(a) PURPOSES.—The purposes of this title are to—

(1) update and improve the Deepwater Port Act of 1974;

(2) assure that the regulation of deepwater ports is not

more burdensome or stringent than necessary in comparison

to the regulation of other modes of importing or transporting

oil;

(3) recognize that deepwater ports are generally subject

to effective competition from alternative transportation modes

and eliminate, for as long as a port remains subject to effective

competition, unnecessary Federal regulatory oversight or

involvement in the ports’ business and economic decisions; and

(4) promote innovation, flexibility, and efficiency in the

management and operation of deepwater ports by removing

or reducing any duplicative, unnecessary, or overly burdensome

Federal regulations or license provisions.

(b) POLICY.—Section 2(a) of the Deepwater Port Act of 1974

(33 U.S.C. 1501(a)) is amended—

(1) by striking ‘‘and’’ at the end of paragraph (3);

(2) by striking the period at the end of paragraph (4)

and inserting a semicolon; and

(3) by inserting at the end the following:

‘‘(5) promote the construction and operation of deepwater

ports as a safe and effective means of importing oil into the

United States and transporting oil from the outer continental

shelf while minimizing tanker traffic and the risks attendant

thereto; and

33 USC 1501

note.

33 USC 1501

note.

Deepwater Port

Modernization

Act.
110 STAT. 3926 PUBLIC LAW 104–324—OCT. 19, 1996

‘‘(6) promote oil production on the outer continental shelf

by affording an economic and safe means of transportation

of outer continental shelf oil to the United States mainland.’’.

SEC. 503. DEFINITIONS.

(a) ANTITRUST LAWS.—Section 3 of the Deepwater Port Act

of 1974 (33 U.S.C. 1502) is amended—

(1) by striking paragraph (3); and

(2) by redesignating paragraphs (4) through (19) as paragraphs (3) through (18), respectively.

(b) DEEPWATER PORT.—The first sentence of section 3(9) of

such Act, as redesignated by subsection (a), is amended by striking

‘‘such structures,’’ and all that follows through ‘‘section 23.’’ and

inserting the following: ‘‘structures, located beyond the territorial

sea and off the coast of the United States and which are used

or intended for use as a port or terminal for the transportation,

storage, and further handling of oil for transportation to any State,

except as otherwise provided in section 23, and for other uses

not inconsistent with the purposes of this title, including transportation of oil from the United States outer continental shelf.’’.

SEC. 504. LICENSES.

(a) ELIMINATION OF UTILIZATION RESTRICTIONS.—Section 4(a)

of the Deepwater Port Act of 1974 (33 U.S.C. 1503(a)) is amended

by striking all that follows the second sentence.

(b) ELIMINATION OF PRECONDITION TO LICENSING.—Section 4(c)

of such Act is amended—

(1) by striking paragraph (7); and

(2) by redesignating paragraphs (8), (9), and (10) as paragraphs (7), (8), and (9), respectively.

(c) CONDITIONS PRESCRIBED BY SECRETARY.—Section 4(e)(1) of

such Act is amended by striking the first sentence and inserting

the following: ‘‘In issuing a license for the ownership, construction,

and operation of a deepwater port, the Secretary shall prescribe

those conditions which the Secretary deems necessary to carry

out the provisions and requirements of this title or which are

otherwise required by any Federal department or agency pursuant

to the terms of this title. To the extent practicable, conditions

required to carry out the provisions and requirements of this title

shall be addressed in license conditions rather than by regulation

and, to the extent practicable, the license shall allow a deepwater

port’s operating procedures to be stated in an operations manual,

approved by the Coast Guard, in accordance with section 10(a)

of this title, rather than in detailed and specific license conditions

or regulations; except that basic standards and conditions shall

be addressed in regulations.’’.

(d) ELIMINATION OF RESTRICTION ON TRANSFERS.—Section

4(e)(2) of such Act is amended by striking ‘‘application’’ and inserting ‘‘license’’.

(e) FINDINGS REQUIRED FOR TRANSFERS.—Section 4(f) of such

Act is amended to read as follows:

‘‘(f) AMENDMENTS, TRANSFERS, AND REINSTATEMENTS.—The Secretary may amend, transfer, or reinstate a license issued under

this title if the Secretary finds that the amendment, transfer, or

reinstatement is consistent with the requirements of this Act.’’.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3927

SEC. 505. INFORMATIONAL FILINGS.

Section 5(c) of the Deepwater Port Act of 1974 (33 U.S.C.

1504(c)) is amended by adding the following:

‘‘(3) Upon written request of any person subject to this subsection, the Secretary may make a determination in writing to

exempt such person from any of the informational filing provisions

enumerated in this subsection or the regulations implementing

this section if the Secretary determines that such information is

not necessary to facilitate the Secretary’s determinations under

section 4 of this Act and that such exemption will not limit public

review and evaluation of the deepwater port project.’’.

SEC. 506. ANTITRUST REVIEW.

Section 7 of the Deepwater Port Act of 1974 (33 U.S.C. 1506)

is repealed.

SEC. 507. OPERATION.

(a) AS COMMON CARRIER.—Section 8(a) of the Deepwater Port

Act of 1974 (33 U.S.C. 1507(a)) is amended by inserting after

‘‘subtitle IV of title 49, United States Code,’’ the following: ‘‘and

shall accept, transport, or convey without discrimination all oil

delivered to the deepwater port with respect to which its license

is issued,’’.

(b) CONFORMING AMENDMENT.—Section 8(b) of such Act is

amended by striking the first sentence and the first 3 words of

the second sentence and inserting the following: ‘‘A licensee is

not discriminating under this section and’’.

SEC. 508. MARINE ENVIRONMENTAL PROTECTION AND NAVIGATIONAL SAFETY.

Section 10(a) of the Deepwater Port Act of 1974 (33 U.S.C.

1509(a)) is amended—

(1) by inserting after ‘‘international law’’ the following:

‘‘and the provision of adequate opportunities for public involvement’’; and

(2) by striking ‘‘shall prescribe by regulation and enforce

procedures with respect to any deepwater port, including, but

not limited to,’’ and inserting the following: ‘‘shall prescribe

and enforce procedures, either by regulation (for basic standards

and conditions) or by the licensee’s operations manual, with

respect to’’.

TITLE VI—COAST GUARD REGULATORY

REFORM

SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Coast Guard Regulatory Reform

Act of 1996’’.

SEC. 602. SAFETY MANAGEMENT.

(a) MANAGEMENT OF VESSELS.—Title 46, United States Code,

is amended by adding after chapter 31 the following new chapter:

‘‘CHAPTER 32—MANAGEMENT OF VESSELS

‘‘Sec.

‘‘3201. Definitions.

46 USC 2101

note.

Coast Guard

Regulatory

Reform Act of

1996.
110 STAT. 3928 PUBLIC LAW 104–324—OCT. 19, 1996

‘‘3202. Application.

‘‘3203. Safety management system.

‘‘3204. Implementation of safety management system.

‘‘3205. Certification.

‘‘§ 3201. Definitions

‘‘In this chapter—

‘‘(1) ‘International Safety Management Code’ has the same

meaning given that term in chapter IX of the Annex to the

International Convention for the Safety of Life at Sea, 1974;

‘‘(2) ‘responsible person’ means—

‘‘(A) the owner of a vessel to which this chapter applies;

or

‘‘(B) any other person that has—

‘‘(i) assumed the responsibility for operation of a

vessel to which this chapter applies from the owner;

and

‘‘(ii) agreed to assume with respect to the vessel

responsibility for complying with all the requirements

of this chapter and the regulations prescribed under

this chapter.

‘‘(3) ‘vessel engaged on a foreign voyage’ means a vessel

to which this chapter applies—

‘‘(A) arriving at a place under the jurisdiction of the

United States from a place in a foreign country;

‘‘(B) making a voyage between places outside the

United States; or

‘‘(C) departing from a place under the jurisdiction of

the United States for a place in a foreign country.

‘‘§ 3202. Application

‘‘(a) MANDATORY APPLICATION.—This chapter applies to the following vessels engaged on a foreign voyage:

‘‘(1) Beginning July 1, 1998—

‘‘(A) a vessel transporting more than 12 passengers

described in section 2101(21)(A) of this title; and

‘‘(B) a tanker, bulk freight vessel, or high-speed freight

vessel, of at least 500 gross tons.

‘‘(2) Beginning July 1, 2002, a freight vessel and a selfpropelled mobile offshore drilling unit of at least 500 gross

tons.

‘‘(b) VOLUNTARY APPLICATION.—This chapter applies to a vessel

not described in subsection (a) of this section if the owner of the

vessel requests the Secretary to apply this chapter to the vessel.

‘‘(c) EXCEPTION.—Except as provided in subsection (b) of this

section, this chapter does not apply to—

‘‘(1) a barge;

‘‘(2) a recreational vessel not engaged in commercial service;

‘‘(3) a fishing vessel;

‘‘(4) a vessel operating on the Great Lakes or its tributary

and connecting waters; or

‘‘(5) a public vessel.

‘‘§ 3203. Safety management system

‘‘(a) IN GENERAL.—The Secretary shall prescribe regulations

which establish a safety management system for responsible persons

and vessels to which this chapter applies, including—

‘‘(1) a safety and environmental protection policy;

Regulations.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3929

‘‘(2) instructions and procedures to ensure safe operation

of those vessels and protection of the environment in compliance

with international and United States law;

‘‘(3) defined levels of authority and lines of communications

between, and among, personnel on shore and on the vessel;

‘‘(4) procedures for reporting accidents and nonconformities

with this chapter;

‘‘(5) procedures for preparing for and responding to emergency situations; and

‘‘(6) procedures for internal audits and management

reviews of the system.

‘‘(b) COMPLIANCE WITH CODE.—Regulations prescribed under

this section shall be consistent with the International Safety

Management Code with respect to vessels engaged on a foreign

voyage.

‘‘§ 3204. Implementation of safety management system

‘‘(a) SAFETY MANAGEMENT PLAN.—Each responsible person shall

establish and submit to the Secretary for approval a safety management plan describing how that person and vessels of the person

to which this chapter applies will comply with the regulations

prescribed under section 3203(a) of this title.

‘‘(b) APPROVAL.—Upon receipt of a safety management plan

submitted under subsection (a), the Secretary shall review the

plan and approve it if the Secretary determines that it is consistent

with and will assist in implementing the safety management system

established under section 3203.

‘‘(c) PROHIBITION ON VESSEL OPERATION.—A vessel to which

this chapter applies under section 3202(a) may not be operated

without having on board a Safety Management Certificate and

a copy of a Document of Compliance issued for the vessel under

section 3205 of this title.

‘‘§3205. Certification

‘‘(a) ISSUANCE OF CERTIFICATE AND DOCUMENT.—After verifying

that the responsible person for a vessel to which this chapter

applies and the vessel comply with the applicable requirements

under this chapter, the Secretary shall issue for the vessel, on

request of the responsible person, a Safety Management Certificate

and a Document of Compliance.

‘‘(b) MAINTENANCE OF CERTIFICATE AND DOCUMENT.—A Safety

Management Certificate and a Document of Compliance issued

for a vessel under this section shall be maintained by the responsible person for the vessel as required by the Secretary.

‘‘(c) VERIFICATION OF COMPLIANCE.—The Secretary shall—

‘‘(1) periodically review whether a responsible person having a safety management plan approved under section 3204(b)

and each vessel to which the plan applies is complying with

the plan; and

‘‘(2) revoke the Secretary’s approval of the plan and each

Safety Management Certificate and Document of Compliance

issued to the person for a vessel to which the plan applies,

if the Secretary determines that the person or a vessel to

which the plan applies has not complied with the plan.

‘‘(d) ENFORCEMENT.—At the request of the Secretary, the Secretary of the Treasury shall withhold or revoke the clearance

required by section 4197 of the Revised Statutes (46 U.S.C. App.
110 STAT. 3930 PUBLIC LAW 104–324—OCT. 19, 1996

91) of a vessel that is subject to this chapter under section 3202(a)

of this title or to the International Safety Management Code, if

the vessel does not have on board a Safety Management Certificate

and a copy of a Document of Compliance for the vessel. Clearance

may be granted on filing a bond or other surety satisfactory to

the Secretary.’’.

(b) CLERICAL AMENDMENT.—The table of chapters at the beginning of subtitle II of title 46, United States Code, is amended

by inserting after the item relating to chapter 31 the following:

‘‘32. Management of vessels .................................................................................. 3201’’.

(c) STUDY.— (1) IN GENERAL.—The Secretary of the department in which

the Coast Guard is operating shall conduct, in cooperation

with the owners, charterers, and managing operators of vessels

documented under chapter 121 of title 46, United States Code,

and other interested persons, a study of the methods that

may be used to implement and enforce the International

Management Code for the Safe Operation of Ships and for

Pollution Prevention under chapter IX of the Annex to the

International Convention for the Safety of Life at Sea, 1974.

(2) REPORT.—The Secretary shall submit to the Congress

a report of the results of the study required under paragraph

(1) before the earlier of—

(A) the date that final regulations are prescribed under

section 3203 of title 46, United States Code (as enacted

by subsection (a); or

(B) the date that is 1 year after the date of enactment

of this Act.

SEC. 603. USE OF REPORTS, DOCUMENTS, RECORDS, AND EXAMINATIONS OF OTHER PERSONS.

(a) REPORTS, DOCUMENTS, AND RECORDS.—Chapter 31 of title

46, United States Code, is amended by adding the following new

section:

‘‘§ 3103. Use of reports, documents, and records

‘‘The Secretary may rely, as evidence of compliance with this

subtitle, on—

‘‘(1) reports, documents, and records of other persons who

have been determined by the Secretary to be reliable; and

‘‘(2) other methods the Secretary has determined to be

reliable.’’.

(b) CLERICAL AMENDMENT.—The table of sections for chapter

31 of title 46, United States Code, is amended by adding at the

end the following:

‘‘3103. Use of reports, documents, and records.’’.

(c) EXAMINATIONS.—Section 3308 of title 46, United States

Code, is amended by inserting ‘‘or have examined’’ after ‘‘examine’’.

SEC. 604. EQUIPMENT APPROVAL.

(a) IN GENERAL.—Section 3306(b) of title 46, United States

Code, is amended to read as follows:

‘‘(b)(1) Equipment and material subject to regulation under

this section may not be used on any vessel without prior approval

of the Secretary.

‘‘(2) Except with respect to use on a public vessel, the Secretary

may treat an approval of equipment or materials by a foreign

46 USC 3201

note.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3931

government as approval by the Secretary for purposes of paragraph

(1) if the Secretary determines that—

‘‘(A) the design standards and testing procedures used by

that government meet the requirements of the International

Convention for the Safety of Life at Sea, 1974;

‘‘(B) the approval of the equipment or material by the

foreign government will secure the safety of individuals and

property on board vessels subject to inspection; and

‘‘(C) for lifesaving equipment, the foreign government—

‘‘(i) has given equivalent treatment to approvals of

lifesaving equipment by the Secretary; and

‘‘(ii) otherwise ensures that lifesaving equipment

approved by the Secretary may be used on vessels that

are documented and subject to inspection under the laws

of that country.’’.

(b) FOREIGN APPROVALS.—The Secretary of Transportation, in

consultation with other interested Federal agencies, shall work

with foreign governments to have those governments approve the

use of the same equipment and materials on vessels documented

under the laws of those countries that the Secretary requires on

United States documented vessels.

(c) TECHNICAL AMENDMENT.—Section 3306(a)(4) of title 46,

United States Code, is amended by striking ‘‘clauses (1)–(3)’’ and

inserting ‘‘paragraphs (1), (2), and (3)’’.

SEC. 605. FREQUENCY OF INSPECTION.

(a) FREQUENCY OF INSPECTION, GENERALLY.—Section 3307 of

title 46, United States Code, is amended—

(1) in paragraph (1)—

(A) by striking ‘‘and nautical school vessel’’ and inserting ‘‘, nautical school vessel, and small passenger vessel

allowed to carry more than 12 passengers on a foreign

voyage’’; and

(B) by adding ‘‘and’’ after the semicolon at the end;

(2) by striking paragraph (2) and redesignating paragraph

(3) as paragraph (2); and

(3) in paragraph (2) (as so redesignated), by striking ‘‘2

years’’ and inserting ‘‘5 years’’.

(b) CONFORMING AMENDMENT.—Section 3710(b) of title 46,

United States Code, is amended by striking ‘‘24 months’’ and inserting ‘‘5 years’’.

SEC. 606. CERTIFICATE OF INSPECTION.

Section 3309(c) of title 46, United States Code, is amended

by striking ‘‘(but not more than 60 days)’’.

SEC. 607. DELEGATION OF AUTHORITY OF SECRETARY TO CLASSIFICATION SOCIETIES.

(a) AUTHORITY TO DELEGATE.—Section 3316 of title 46, United

States Code, is amended—

(1) by striking subsections (a) and (d);

(2) by redesignating subsections (b) and (c) as subsections

(a) and (b), respectively;

(3) by striking ‘‘Bureau’’ in subsection (a), as redesignated,

and inserting ‘‘American Bureau of Shipping’’; and

(4) in subsection (b), as so redesignated, by—

(A) redesignating paragraph (2) as paragraph (3); and

46 USC 3306

note.
110 STAT. 3932 PUBLIC LAW 104–324—OCT. 19, 1996

(B) striking so much of the subsection as precedes

paragraph (3), as so redesignated, and inserting the following:

‘‘(b)(1) The Secretary may delegate to the American Bureau

of Shipping or another classification society recognized by the Secretary as meeting acceptable standards for such a society, for a

vessel documented or to be documented under chapter 121 of this

title, the authority to—

‘‘(A) review and approve plans required for issuing a certificate of inspection required by this part;

‘‘(B) conduct inspections and examinations; and

‘‘(C) issue a certificate of inspection required by this part

and other related documents.

‘‘(2) The Secretary may make a delegation under paragraph

(1) to a foreign classification society only—

‘‘(A) to the extent that the government of the foreign country in which the society is headquartered delegates authority

and provides access to the American Bureau of Shipping to

inspect, certify, and provide related services to vessels documented in that country; and

‘‘(B) if the foreign classification society has offices and

maintains records in the United States.’’.

(b) CONFORMING AMENDMENTS.— (1) The heading for section 3316 of title 46, United States

Code, is amended to read as follows:

‘‘§ 3316. Classification societies’’.

(2) The table of sections for chapter 33 of title 46, United

States Code, is amended by striking the item relating to section

3316 and inserting the following:

‘‘3316. Classification societies.’’.

TITLE VII—TECHNICAL AND

CONFORMING AMENDMENTS

SEC. 701. AMENDMENT OF INLAND NAVIGATION RULES.

Section 2 of the Inland Navigational Rules Act of 1980 is

amended—

(1) by amending Rule 9(e)(i) (33 U.S.C. 2009(e)(i)) to read

as follows:

‘‘(i) In a narrow channel or fairway when overtaking, the powerdriven vessel intending to overtake another power-driven vessel

shall indicate her intention by sounding the appropriate signal

prescribed in Rule 34(c) and take steps to permit safe passing.

The power-driven vessel being overtaken, if in agreement, shall

sound the same signal and may, if specifically agreed to take

steps to permit safe passing. If in doubt she shall sound the danger

signal prescribed in Rule 34(d).’’;

(2) in Rule 15(b) (33 U.S.C. 2015(b)) by inserting ‘‘powerdriven’’ after ‘‘Secretary, a’’;

(3) in Rule 23(a)(i) (33 U.S.C. 2023(a)(i)) after ‘‘masthead

light forward’’; by striking ‘‘except that a vessel of less than

20 meters in length need not exhibit this light forward of

amidships but shall exhibit it as far forward as is practicable;’’;

(4) by amending Rule 24(f) (33 U.S.C. 2024(f)) to read

as follows:
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3933

‘‘(f) Provided that any number of vessels being towed alongside

or pushed in a group shall be lighted as one vessel, except as

provided in paragraph (iii)—

‘‘(i) a vessel being pushed ahead, not being part of a composite unit, shall exhibit at the forward end, sidelights and a

special flashing light;

‘‘(ii) a vessel being towed alongside shall exhibit a sternlight

and at the forward end, sidelights and a special flashing light;

and

‘‘(iii) when vessels are towed alongside on both sides of

the towing vessels a stern light shall be exhibited on the

stern of the outboard vessel on each side of the towing vessel,

and a single set of sidelights as far forward and as far outboard

as is practicable, and a single special flashing light.’’;

(5) in Rule 26 (33 U.S.C. 2026)—

(A) in each of subsections (b)(i) and (c)(i) by striking

‘‘a vessel of less than 20 meters in length may instead

of this shape exhibit a basket;’’; and

(B) by amending subsection (d) to read as follows:

‘‘(d) The additional signals described in Annex II to these Rules

apply to a vessel engaged in fishing in close proximity to other

vessels engaged in fishing.’’; and

(6) by amending Rule 34(h) (33 U.S.C. 2034) to read as

follows:

‘‘(h) A vessel that reaches agreement with another vessel in

a head-on, crossing, or overtaking situation, as for example, by

using the radiotelephone as prescribed by the Vessel Bridge-toBridge Radiotelephone Act (85 Stat. 164; 33 U.S.C. 1201 et seq.),

is not obliged to sound the whistle signals prescribed by this rule,

but may do so. If agreement is not reached, then whistle signals

shall be exchanged in a timely manner and shall prevail.’’.

SEC. 702. MEASUREMENT OF VESSELS.

Section 14104 of title 46, United States Code, is amended

by redesignating the existing text after the section heading as

subsection (a) and by adding at the end the following new subsection:

‘‘(b) If a statute allows for an alternate tonnage to be prescribed

under this section, the Secretary may prescribe it by regulation.

Any such regulation shall be considered to be an interpretive regulation for purposes of section 553 of title 5. Until an alternate tonnage

is prescribed, the statutorily established tonnage shall apply to

vessels measured under chapter 143 or chapter 145 of this title.

‘‘(c) The head of each Federal agency shall ensure that regulations issued by the agency that specify particular tonnages comply

with the alternate tonnages implemented by the Secretary.’’.

SEC. 703. LONGSHORE AND HARBOR WORKERS COMPENSATION.

Section 3(d)(3)(B) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 903(d)(3)(B)) is amended by inserting

after ‘‘1,600 tons gross’’ the following: ‘‘as measured under section

14502 of title 46, United States Code, or an alternate tonnage

measured under section 14302 of that title as prescribed by the

Secretary under section 14104 of that title’’.

SEC. 704. RADIOTELEPHONE REQUIREMENTS.

Section 4(a)(2) of the Vessel Bridge-to-Bridge Radiotelephone

Act (33 U.S.C. 1203(a)(2)) is amended by inserting after ‘‘one hundred
110 STAT. 3934 PUBLIC LAW 104–324—OCT. 19, 1996

gross tons’’ the following: ‘‘as measured under section 14502

of title 46, United States Code, or an alternate tonnage measured

under section 14302 of that title as prescribed by the Secretary

under section 14104 of that title,’’.

SEC. 705. VESSEL OPERATING REQUIREMENTS.

Section 4(a)(3) of the Ports and Waterways Safety Act (33

U.S.C. 1223(a)(3)) is amended by inserting after ‘‘300 gross tons’’

the following: ‘‘as measured under section 14502 of title 46, United

States Code, or an alternate tonnage measured under section 14302

of that title as prescribed by the Secretary under section 14104

of that title’’.

SEC. 706. MERCHANT MARINE ACT, 1920.

Section 27A of the Merchant Marine Act, 1920 (46 App. U.S.C.

883–1), is amended by inserting after ‘‘five hundred gross tons’’

the following: ‘‘as measured under section 14502 of title 46, United

States Code, or an alternate tonnage measured under section 14302

of that title as prescribed by the Secretary under section 14104

of that title,’’.

SEC. 707. MERCHANT MARINE ACT, 1956.

Section 2 of the Act of June 14, 1956 (46 App. U.S.C. 883a),

is amended by inserting after ‘‘five hundred gross tons’’ the following: ‘‘as measured under section 14502 of title 46, United States

Code, or an alternate tonnage measured under section 14302 of

that title as prescribed by the Secretary under section 14104 of

that title’’.

SEC. 708. MARITIME EDUCATION AND TRAINING.

Section 1302(4)(A) of the Merchant Marine Act, 1936 (46 U.S.C.

App. 1295a(4)(a)) is amended by inserting after ‘‘1,000 gross tons

or more’’ the following: ‘‘as measured under section 14502 of title

46, United States Code, or an alternate tonnage measured under

section 14302 of that title as prescribed by the Secretary under

section 14104 of that title’’.

SEC. 709. GENERAL DEFINITIONS.

Section 2101 of title 46, United States Code, is amended—

(1) in paragraph (13), by inserting after ‘‘15 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’;

(2) in paragraph (13a), by inserting after ‘‘3,500 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’;

(3) in paragraph (19), by inserting after ‘‘500 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’;

(4) in paragraph (22), by inserting after ‘‘100 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3935

title as prescribed by the Secretary under section 14104 of

this title’’;

(5) in paragraph (30)(A), by inserting after ‘‘500 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’;

(6) in paragraph (32), by inserting after ‘‘100 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’;

(7) in paragraph (33), by inserting after ‘‘300 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’;

(8) in paragraph (35), by inserting after ‘‘100 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’; and

(9) in paragraph (42), by inserting after ‘‘100 gross tons’’

each place it appears, the following: ‘‘as measured under section

14502 of this title, or an alternate tonnage measured under

section 14302 of this title as prescribed by the Secretary under

section 14104 of this title’’.

SEC. 710. AUTHORITY TO EXEMPT CERTAIN VESSELS.

Section 2113 of title 46, United States Code, is amended—

(1) in paragraph (4), by inserting after ‘‘at least 100 gross

tons but less than 300 gross tons’’ the following: ‘‘as measured

under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the

Secretary under section 14104 of this title’’; and

(2) in paragraph (5), by inserting after ‘‘at least 100 gross

tons but less than 500 gross tons’’ the following: ‘‘as measured

under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the

Secretary under section 14104 of this title’’.

SEC. 711. INSPECTION OF VESSELS.

Section 3302 of title 46, United States Code, is amended—

(1) in subsection (c)(1), by inserting after ‘‘5,000 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’;

(2) in subsection (c)(2), by inserting after ‘‘500 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’;

(3) in subsection (c)(4)(A), by inserting after ‘‘500 gross

tons’’ the following: ‘‘as measured under section 14502 of this

title, or an alternate tonnage measured under section 14302

of this title as prescribed by the Secretary under section 14104

of this title’’;
110 STAT. 3936 PUBLIC LAW 104–324—OCT. 19, 1996

(4) in subsection (d)(1), by inserting after ‘‘150 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’;

(5) in subsection (i)(1)(A), by inserting after ‘‘300 gross

tons’’ the following: ‘‘as measured under section 14502 of this

title, or an alternate tonnage measured under section 14302

of this title as prescribed by the Secretary under section 14104

of this title’’; and

(6) in subsection (j), by inserting after ‘‘15 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’.

SEC. 712. REGULATIONS.

Section 3306 of title 46, United States Code, is amended—

(1) in subsection (h), by inserting after ‘‘at least 100 gross

tons but less than 300 gross tons’’ the following: ‘‘as measured

under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the

Secretary under section 14104 of this title’’; and

(2) in subsection (i), by inserting after ‘‘at least 100 gross

tons but less than 500 gross tons’’ the following: ‘‘as measured

under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the

Secretary under section 14104 of this title’’.

SEC. 713. PENALTIES—INSPECTION OF VESSELS.

Section 3318 of title 46, United States Code, is amended—

(1) in subsection (a), by inserting after ‘‘100 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’; and

(2) in subsection (j)(1), by inserting after ‘‘1,600 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’.

SEC. 714. APPLICATION—TANK VESSELS.

Section 3702 of title 46, United States Code, is amended—

(1) in subsection (b)(1), by inserting after ‘‘500 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’;

(2) in subsection (c), by inserting after ‘‘500 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’; and

(3) in subsection (d), by inserting after ‘‘5,000 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3937

title as prescribed by the Secretary under section 14104 of

this title’’.

SEC. 715. TANK VESSEL CONSTRUCTION STANDARDS.

Section 3703a of title 46, United States Code, is amended—

(1) in subsection (b)(2), by inserting after ‘‘5,000 gross

tons’’ the following: ‘‘as measured under section 14502 of this

title, or an alternate tonnage measured under section 14302

of this title as prescribed by the Secretary under section 14104

of this title’’;

(2) in subsection (c)(2), by inserting after ‘‘5,000 gross tons’’

each place it appears the following: ‘‘as measured under section

14502 of this title, or an alternate tonnage measured under

section 14302 of this title as prescribed by the Secretary under

section 14104 of this title’’;

(3) in subsection (c)(3)(A), by inserting after ‘‘15,000 gross

tons’’ the following: ‘‘as measured under section 14502 of this

title, or an alternate tonnage measured under section 14302

of this title as prescribed by the Secretary under section 14104

of this title’’;

(4) in subsection (c)(3)(B), by inserting after ‘‘30,000 gross

tons’’ the following: ‘‘as measured under section 14502 of this

title, or an alternate tonnage measured under section 14302

of this title as prescribed by the Secretary under section 14104

of this title’’; and

(5) in subsection (c)(3)(C), by inserting after ‘‘30,000 gross

tons’’ the following: ‘‘as measured under section 14502 of this

title, or an alternate tonnage measured under section 14302

of this title as prescribed by the Secretary under section 14104

of this title’’.

SEC. 716. TANKER MINIMUM STANDARDS.

Section 3707 of title 46, United States Code, is amended—

(1) in subsection (a), by inserting after ‘‘10,000 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’; and

(2) in subsection (b), by inserting after ‘‘10,000 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’.

SEC. 717. SELF-PROPELLED TANK VESSEL MINIMUM STANDARDS.

Section 3708 of title 46, United States Code, is amended by

inserting after ‘‘10,000 gross tons’’ the following: ‘‘as measured

under section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title’’.

SEC. 718. DEFINITION—ABANDONMENT OF BARGES.

Section 4701(1) of title 46, United States Code, is amended

by inserting after ‘‘100 gross tons’’ the following: ‘‘as measured

under section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title’’.
110 STAT. 3938 PUBLIC LAW 104–324—OCT. 19, 1996

SEC. 719. APPLICATION—LOAD LINES.

Section 5102(b) of title 46, United States Code, is amended—

(1) in paragraph (4), by inserting after ‘‘5,000 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’;

(2) in paragraph (5), by inserting after ‘‘500 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’; and

(3) in paragraph (10), by inserting after ‘‘150 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’.

SEC. 720. LICENSING OF INDIVIDUALS.

Section 7101(e)(3) of title 46, United States Code, is amended

by inserting after ‘‘1,600 gross tons’’ the following: ‘‘as measured

under section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title’’.

SEC. 721. ABLE SEAMEN—LIMITED.

Section 7308 of title 46, United States Code, is amended by

inserting after ‘‘100 gross tons’’ the following: ‘‘as measured under

section 14502 of this title, or an alternate tonnage measured under

section 14302 of this title as prescribed by the Secretary under

section 14104 of this title’’.

SEC. 722. ABLE SEAMEN—OFFSHORE SUPPLY VESSELS.

Section 7310 of title 46, United States Code, is amended by

inserting after ‘‘500 gross tons’’ the following: ‘‘as measured under

section 14502 of this title, or an alternate tonnage measured under

section 14302 of this title as prescribed by the Secretary under

section 14104 of this title’’.

SEC. 723. SCALE OF EMPLOYMENT—ABLE SEAMEN.

Section 7312 of title 46, United States Code, is amended—

(1) in subsection (b), by inserting after ‘‘1,600 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’;

(2) in subsection (c)(1), by inserting after ‘‘500 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’;

(3) in subsection (d), by inserting after ‘‘500 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’;

(4) in subsection (f)(1), by inserting after ‘‘5,000 gross tons’’

the following: ‘‘as measured under section 14502 of this title,
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3939

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’; and

(5) in subsection (f)(2), by inserting after ‘‘5,000 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’.

SEC. 724. GENERAL REQUIREMENTS—ENGINE DEPARTMENT.

Section 7313(a) of title 46, United States Code, is amended

by inserting after ‘‘100 gross tons’’ the following: ‘‘as measured

under section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title’’.

SEC. 725. COMPLEMENT OF INSPECTED VESSELS.

Section 8101(h) of title 46, United States Code, is amended

by inserting after ‘‘100 gross tons’’ the following: ‘‘as measured

under section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title’’.

SEC. 726. WATCHMEN.

Section 8102(b) of title 46, United States Code, is amended

by inserting after ‘‘100 gross tons’’ the following: ‘‘as measured

under section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title’’.

SEC. 727. CITIZENSHIP AND NAVAL RESERVE REQUIREMENTS.

Section 8103(b)(3)(A) of title 46, United States Code, is amended

by inserting after ‘‘1,600 gross tons’’ the following: ‘‘as measured

under section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title’’.

SEC. 728. WATCHES.

Section 8104 of title 46, United States Code, is amended—

(1) in subsection (b), by inserting after ‘‘100 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’;

(2) in subsection (d), by inserting after ‘‘100 gross tons’’

and after ‘‘5,000 gross tons’’ the following: ‘‘as measured under

section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title’’;

(3) in subsection (l)(1), by inserting after ‘‘1,600 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’;

(4) in subsection (m)(1), by inserting after ‘‘1,600 gross

tons’’ the following: ‘‘as measured under section 14502 of this

title, or an alternate tonnage measured under section 14302
110 STAT. 3940 PUBLIC LAW 104–324—OCT. 19, 1996

of this title as prescribed by the Secretary under section 14104

of this title’’;

(5) in subsection (o)(1), by inserting after ‘‘500 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’; and

(6) in subsection (o)(2), by inserting after ‘‘500 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’.

SEC. 729. MINIMUM NUMBER OF LICENSED INDIVIDUALS.

Section 8301 of title 46, United States Code, is amended—

(1) in subsection (a)(2), by inserting after ‘‘1,000 gross

tons’’ the following: ‘‘as measured under section 14502 of this

title, or an alternate tonnage measured under section 14302

of this title as prescribed by the Secretary under section 14104

of this title’’;

(2) in subsection (a)(3), by inserting after ‘‘at least 200

gross tons but less than 1,000 gross tons’’ the following: ‘‘as

measured under section 14502 of this title, or an alternate

tonnage measured under section 14302 of this title as prescribed

by the Secretary under section 14104 of this title’’;

(3) in subsection (a)(4), by inserting after ‘‘at least 100

gross tons but less than 200 gross tons’’ the following: ‘‘as

measured under section 14502 of this title, or an alternate

tonnage measured under section 14302 of this title as prescribed

by the Secretary under section 14104 of this title’’;

(4) in subsection (a)(5), by inserting after ‘‘300 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’; and

(5) in subsection (b), by inserting after ‘‘200 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’.

SEC. 730. OFFICERS’ COMPETENCY CERTIFICATES CONVENTION.

Section 8304(b)(4) of title 46, United States Code, is amended

by inserting after ‘‘200 gross tons’’ the following: ‘‘as measured

under section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title’’.

SEC. 731. MERCHANT MARINERS’ DOCUMENTS REQUIRED.

Section 8701 of title 46, United States Code, is amended—

(1) in subsection (a), by inserting after ‘‘100 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’; and

(2) in subsection (a)(6), by inserting after ‘‘1,600 gross

tons’’ the following: ‘‘as measured under section 14502 of this

title, or an alternate tonnage measured under section 14302
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3941

of this title as prescribed by the Secretary under section 14104

of this title’’.

SEC. 732. CERTAIN CREW REQUIREMENTS.

Section 8702 of title 46, United States Code, is amended—

(1) in subsection (a), by inserting after ‘‘100 gross tons’’

the following: ‘‘as measured under section 14502 of this title,

or an alternate tonnage measured under section 14302 of this

title as prescribed by the Secretary under section 14104 of

this title’’; and

(2) in subsection (a)(6), by inserting after ‘‘1,600 gross

tons’’ the following: ‘‘as measured under section 14502 of this

title, or an alternate tonnage measured under section 14302

of this title as prescribed by the Secretary under section 14104

of this title’’.

SEC. 733. FREIGHT VESSELS.

Section 8901 of title 46, United States Code, is amended by

inserting after ‘‘100 gross tons’’ the following: ‘‘as measured under

section 14502 of this title, or an alternate tonnage measured under

section 14302 of this title as prescribed by the Secretary under

section 14104 of this title’’.

SEC. 734. EXEMPTIONS.

Section 8905(b) of title 46, United States Code, is amended

by inserting after ‘‘200 gross tons’’ the following: ‘‘as measured

under section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title’’.

SEC. 735. UNITED STATES REGISTERED PILOT SERVICE.

Section 9303(a)(2) of title 46, United States Code, is amended

by inserting after ‘‘4,000 gross tons’’ the following: ‘‘as measured

under section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title’’.

SEC. 736. DEFINITIONS—MERCHANT SEAMEN PROTECTION.

Section 10101(4)(B) of title 46, United States Code, is amended

by inserting after ‘‘1,600 gross tons’’ the following: ‘‘as measured

under section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title’’.

SEC. 737. APPLICATION—FOREIGN AND INTERCOASTAL VOYAGES.

Section 10301(a)(2) of title 46, United States Code, is amended

by inserting after ‘‘75 gross tons’’ the following: ‘‘as measured under

section 14502 of this title, or an alternate tonnage measured under

section 14302 of this title as prescribed by the Secretary under

section 14104 of this title’’.

SEC. 738. APPLICATION—COASTWISE VOYAGES.

Section 10501(a) of title 46, United States Code, is amended

by inserting after ‘‘50 gross tons’’ the following: ‘‘as measured under

section 14502 of this title, or an alternate tonnage measured under

section 14302 of this title as prescribed by the Secretary under

section 14104 of this title’’.
110 STAT. 3942 PUBLIC LAW 104–324—OCT. 19, 1996

SEC. 739. FISHING AGREEMENTS.

Section 10601(a)(1) of title 46, United States Code, is amended

by inserting after ‘‘20 gross tons’’ the following: ‘‘as measured under

section 14502 of this title, or an alternate tonnage measured under

section 14302 of this title as prescribed by the Secretary under

section 14104 of this title’’.

SEC. 740. ACCOMMODATIONS FOR SEAMEN.

Section 11101(a) of title 46, United States Code, is amended

by inserting after ‘‘100 gross tons’’ the following: ‘‘as measured

under section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title’’.

SEC. 741. MEDICINE CHESTS.

Section 11102(a) of title 46, United States Code, is amended

by inserting after ‘‘75 gross tons’’ the following: ‘‘as measured under

section 14502 of this title, or an alternate tonnage measured under

section 14302 of this title as prescribed by the Secretary under

section 14104 of this title’’.

SEC. 742. LOGBOOK AND ENTRY REQUIREMENTS.

Section 11301(a)(2) of title 46, United States Code, is amended

by inserting after ‘‘100 gross tons’’ the following: ‘‘as measured

under section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title’’.

SEC. 743. COASTWISE ENDORSEMENTS.

Section 12106(c)(1) of title 46, United States Code, is amended

by striking ‘‘two hundred gross tons’’ and inserting ‘‘200 gross

tons as measured under section 14502 of this title, or an alternate

tonnage measured under section 14302 of this title as prescribed

by the Secretary under section 14104 of this title’’.

SEC. 744. FISHERY ENDORSEMENTS.

Section 12108(c)(1) of title 46, United States Code, is amended

by striking ‘‘two hundred gross tons’’ and inserting ‘‘200 gross

tons as measured under section 14502 of this title, or an alternate

tonnage measured under section 14302 of this title as prescribed

by the Secretary under section 14104 of this title’’.

SEC. 745. CONVENTION TONNAGE FOR LICENSES, CERTIFICATES, AND

DOCUMENTS.

(a) AUTHORITY TO USE CONVENTION TONNAGE.—Chapter 75

of title 46, United States Code, is amended by adding at the end

the following:

‘‘§ 7506. Convention tonnage for licenses, certificates, and

documents

‘‘Notwithstanding any provision of section 14302(c) or 14305

of this title, the Secretary may—

‘‘(1) evaluate the service of an individual who is applying

for a license, a certificate of registry, or a merchant mariner’s

document by using the tonnage as measured under chapter

143 of this title for the vessels on which that service was

acquired, and

‘‘(2) issue the license, certificate, or document based on

that service.’’.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3943

(b) CLERICAL AMENDMENT.—The analysis to chapter 75 of title

46, United States Code, is amended by adding a new item as

follows:

‘‘7506. Convention tonnage for licenses, certificates, and documents.’’.

SEC. 746. TECHNICAL CORRECTIONS.

(a) Title 46, United States Code, is amended—

(1) by striking the first section 12123 in chapter 121;

(2) by striking the first item relating to section 12123

in the table of sections for such chapter 121;

(3) by striking ‘‘proceeding’’ in section 13108(a)(1) and

inserting ‘‘preceding’’; and

(4) by striking ‘‘Secertary’’ in section 13108(a)(1) and inserting ‘‘Secretary’’.

(b) Section 645 of title 14, United States Code, is amended

by redesignating the second subsection (d) and subsections (e)

through (h) as subsection (e) and subsections (f) through (i), respectively.

(c) Effective September 30, 1996, the Act of November 6, 1966

(Public Law 89–777), is amended—

(1) in section 2(d) (46 U.S.C. App. 817d(d)) by striking

‘‘Shipping Act, 1916,’’ and inserting ‘‘Shipping Act of 1984’’;

and

(2) in section 3(d) (46 U.S.C. App. 817e(d)) by striking

‘‘Shipping Act, 1916,’’ and inserting ‘‘Shipping Act of 1984’’.

(d) Section 672 of title 14, United States Code, is amended

by striking the section heading and inserting the following:

‘‘§ 672. Long-term lease authority for navigation and communications systems sites’’.

SEC. 747. TECHNICAL CORRECTIONS TO REFERENCES TO ICC.

Section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C.

883), is amended—

(1) in the third proviso—

(A) by striking ‘‘Interstate Commerce Commission’’ and

inserting ‘‘Surface Transportation Board’’; and

(B) by striking ‘‘said Commission’’ and inserting ‘‘the

Board’’; and

(2) in the fifth proviso—

(A) by striking ‘‘Interstate Commerce Commission’’ the

first place it appears and inserting ‘‘Surface Transportation

Board’’; and

(B) by striking ‘‘Interstate Commerce Commission’’ the

second place it appears and inserting ‘‘Board’’.

TITLE VIII—POLLUTION FROM SHIPS

SEC. 801. PREVENTION OF POLLUTION FROM SHIPS.

(a) IN GENERAL.—Section 6 of the Act to Prevent Pollution

From Ships (33 U.S.C. 1905) is amended—

(1) by striking ‘‘(2) If’’ in subsection (c)(2) and inserting

‘‘(2)(A) Subject to subparagraph (B), if’’; and

(2) by adding at the end of subsection (c)(2) the following:

‘‘(B) The Secretary may not issue a certificate attesting to

the adequacy of reception facilities under this paragraph unless,

prior to the issuance of the certificate, the Secretary conducts an

Effective date.
110 STAT. 3944 PUBLIC LAW 104–324—OCT. 19, 1996

inspection of the reception facilities of the port or terminal that

is the subject of the certificate.

‘‘(C) The Secretary may, with respect to certificates issued

under this paragraph prior to the date of enactment of the Coast

Guard Authorization Act of 1996, prescribe by regulation differing

periods of validity for such certificates.’’;

(3) by striking subsection (c)(3)(A) and inserting the following:

‘‘(A) is valid for the 5-year period beginning on the date

of issuance of the certificate, except that if—

‘‘(i) the charge for operation of the port or terminal

is transferred to a person or entity other than the person

or entity that is the operator on the date of issuance

of the certificate—

‘‘(I) the certificate shall expire on the date that

is 30 days after the date of the transfer; and

‘‘(II) the new operator shall be required to submit

an application for a certificate before a certificate may

be issued for the port or terminal; or

‘‘(ii) the certificate is suspended or revoked by the

Secretary, the certificate shall cease to be valid; and’’; and

(4) by striking subsection (d) and inserting the following:

‘‘(d)(1) The Secretary shall maintain a list of ports or terminals

with respect to which a certificate issued under this section—

‘‘(A) is in effect; or

‘‘(B) has been revoked or suspended.

‘‘(2) The Secretary shall make the list referred to in paragraph

(1) available to the general public.’’.

(b) RECEPTION FACILITY PLACARDS.—Section 6(f) of the Act

to Prevent Pollution From Ships (33 U.S.C. 1905(f)) is amended—

(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; and

(2) by adding at the end the following new paragraph:

‘‘(2)(A) Not later than 18 months after the date of enactment

of the Coast Guard Authorization Act of 1996, the Secretary shall

promulgate regulations that require the operator of each port or

terminal that is subject to any requirement of the MARPOL Protocol

relating to reception facilities to post a placard in a location that

can easily be seen by port and terminal users. The placard shall

state, at a minimum, that a user of a reception facility of the

port or terminal should report to the Secretary any inadequacy

of the reception facility.’’.

SEC. 802. MARINE PLASTIC POLLUTION RESEARCH AND CONTROL.

(a) COMPLIANCE REPORTS.—Section 2201(a) of the Marine Plastic Pollution Research and Control Act of 1987 (33 U.S.C. 1902

note) is amended—

(1) by striking ‘‘for a period of 6 years’’; and

(2) by inserting before the period at the end the following:

‘‘and, not later than 1 year after the date of enactment of

the Coast Guard Authorization Act of 1996, and annually thereafter, shall publish in the Federal Register a list of the enforcement actions taken against any domestic or foreign ship (including any commercial or recreational ship) pursuant to the Act

to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.)’’.

(b) COORDINATION.—Section 2203 of the Marine Plastic Pollution Research and Control Act of 1987 (101 Stat. 1466) is amended

to read as follows:

33 USC 1914

note.

Federal Register,

publication.

Records.

Regulations.

Public

information.

Records.

Expiration date.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3945

‘‘SEC. 2203. COORDINATION.

‘‘(a) ESTABLISHMENT OF MARINE DEBRIS COORDINATING COMMIT- TEE.—The Secretary of Commerce shall establish a Marine Debris

Coordinating Committee.

‘‘(b) MEMBERSHIP.—The Committee shall include a senior official from—

‘‘(1) the National Oceanic and Atmospheric Administration,

who shall serve as the Chairperson of the Committee;

‘‘(2) the Environmental Protection Agency;

‘‘(3) the United States Coast Guard;

‘‘(4) the United States Navy; and

‘‘(5) such other Federal agencies that have an interest

in ocean issues or water pollution prevention and control as

the Secretary of Commerce determines appropriate.

‘‘(c) MEETINGS.—The Committee shall meet at least twice a

year to provide a forum to ensure the coordination of national

and international research, monitoring, education, and regulatory

actions addressing the persistent marine debris problem.

‘‘(d) MONITORING.—The Secretary of Commerce, acting through

the Administrator of the National Oceanic and Atmospheric

Administration, in cooperation with the Administrator of the

Environmental Protection Agency, shall utilize the marine debris

data derived under title V of the Marine Protection, Research,

and Sanctuaries Act of 1972 (33 U.S.C. 2801 et seq.) to assist—

‘‘(1) the Committee in ensuring coordination of research,

monitoring, education and regulatory actions; and

‘‘(2) the United States Coast Guard in assessing the

effectiveness of this Act and the Act to Prevent Pollution from

Ships in ensuring compliance under section 2201.’’.

(c) PUBLIC OUTREACH PROGRAM.—Section 2204(a) of the Marine

Plastic Pollution Research and Control Act of 1987 (42 U.S.C.

6981 note) is amended—

(1) by striking ‘‘for a period of at least 3 years,’’ in paragraph (1) in the matter preceding subparagraph (A);

(2) by striking ‘‘and’’ at the end of paragraph (1)(C);

(3) by striking the period at the end of subparagraph (1)(D)

and inserting ‘‘; and’’;

(4) by adding at the end of paragraph (1) the following:

‘‘(E) the requirements under this Act and the Act to Prevent

Pollution from Ships (33 U.S.C. 1901 et seq.) with respect

to ships and ports, and the authority of citizens to report

violations of this Act and the Act to Prevent Pollution from

Ships (33 U.S.C. 1901 et seq.).’’; and

(5) by striking paragraph (2) and inserting the following:

‘‘(2) AUTHORIZED ACTIVITIES.—

‘‘(A) PUBLIC OUTREACH PROGRAM.—A public outreach

program under paragraph (1) may include—

‘‘(i) developing and implementing a voluntary boaters’ pledge program;

‘‘(ii) workshops with interested groups;

‘‘(iii) public service announcements;

‘‘(iv) distribution of leaflets and posters; and

‘‘(v) any other means appropriate to educating the

public.

‘‘(B) GRANTS AND COOPERATIVE AGREEMENTS.—To carry

out this section, the Secretary of the department in which

the Coast Guard is operating, the Secretary of Commerce,
110 STAT. 3946 PUBLIC LAW 104–324—OCT. 19, 1996

and the Administrator of the Environmental Protection

Agency are authorized to award grants, enter into cooperative agreements with appropriate officials of other Federal

agencies and agencies of States and political subdivisions

of States and with public and private entities, and provide

other financial assistance to eligible recipients.

‘‘(C) CONSULTATION.—In developing outreach initiatives for groups that are subject to the requirements of

this title and the Act to Prevent Pollution from Ships

(33 U.S.C. 1901 et seq.), the Secretary of the department

in which the Coast Guard is operating, in consultation

with the Secretary of Commerce, acting through the

Administrator of the National Oceanic and Atmospheric

Administration, and the Administrator of the Environmental Protection Agency, shall consult with—

‘‘(i) the heads of State agencies responsible for

implementing State boating laws; and

‘‘(ii) the heads of other enforcement agencies that

regulate boaters or commercial fishermen.’’.

TITLE IX—TOWING VESSEL SAFETY

SEC. 901. REDUCTION OF OIL SPILLS FROM NON-SELF-PROPELLED

TANK VESSELS.

(a) IN GENERAL.—Chapter 37 of title 46, United States Code,

is amended by adding at the end the following new section:

‘‘§ 3719. Reduction of oil spills from single hull non-self-propelled tank vessels

‘‘The Secretary shall, in consultation with the Towing Safety

Advisory Committee and taking into consideration the characteristics, methods of operation, and the size and nature of service of

single hull non-self-propelled tank vessels and towing vessels, prescribe regulations requiring a single hull non-self-propelled tank

vessel that operates in the open ocean or coastal waters, or the

vessel towing it, to have at least one of the following:

‘‘(1) A crew member and an operable anchor on board

the tank vessel that together are capable of arresting the tank

vessel without additional assistance under reasonably foreseeable sea conditions.

‘‘(2) An emergency system on the tank vessel or towing

vessel that without additional assistance under reasonably

foreseeable sea conditions will allow the tank vessel to be

retrieved by the towing vessel if the tow line ruptures.

‘‘(3) Any other measure or combination of measures that

the Secretary determines will provide protection against

grounding of the tank vessel comparable to that provided by

the measures described in paragraph (1) or (2).’’.

(b) DEADLINE.—The Secretary of the department in which the

Coast Guard is operating shall issue regulations required under

section 3719 of title 46, United States Code, as added by subsection

(a), by not later than October 1, 1997.

46 USC 3719

note.

Regulations.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3947

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 37 of title 46, United States Code, is amended

by adding at the end the following new item:

‘‘3719. Reduction of oil spills from non-self-propelled tank vessels.’’.

SEC. 902. REQUIREMENT FOR FIRE SUPPRESSION DEVICES.

(a) IN GENERAL.—Section 4102 of title 46, United States Code,

is amended by adding at the end the following new subsection:

‘‘(f)(1) The Secretary, in consultation with the Towing Safety

Advisory Committee and taking into consideration the characteristics, methods of operation, and nature of service of towing vessels,

may require the installation, maintenance, and use of a fire suppression system or other measures to provide adequate assurance that

fires on board towing vessels can be suppressed under reasonably

foreseeable circumstances.

‘‘(2) The Secretary shall require under paragraph (1) the use

of a fire suppression system or other measures to provide adequate

assurance that a fire on board a towing vessel that is towing

a non-self-propelled tank vessel can be suppressed under reasonably

foreseeable circumstances.’’.

(b) REGULATIONS.—The Secretary of the department in which

the Coast Guard is operating shall issue regulations establishing

the requirement described in subsection (f)(2) of section 4102 of

title 46, United States Code, as added by this section, by not

later than October 1, 1997.

SEC. 903. STUDIES ADDRESSING VARIOUS SOURCES OF OIL SPILL RISK.

(a) STUDY OF GROUP-5 FUEL OIL SPILLS.—

(1) DEFINITION.—In this subsection, the term ‘‘group-5 fuel

oil’’ means a petroleum-based oil that has a specific gravity

of greater than 1.0.

(2) COORDINATION OF STUDY.—The Secretary of Transportation shall coordinate with the Marine Board of the National

Research Council to conduct a study of the relative environmental and public health risks posed by discharges of group5 fuel oil.

(3) MATTERS TO BE INCLUDED.—The study under this subsection shall include a review and analysis of—

(A) the specific risks posed to the public health or

welfare of the United States, including fish, shellfish and

wildlife, public and private property, shorelines, beaches,

habitat, and other natural resources under the jurisdiction

or control of the United States, as a result of an actual

or threatened discharge of group-5 fuel oil from a vessel

or facility;

(B) cleanup technologies currently available to address

actual or threatened discharge of group-5 fuel oil; and

(C) any technological and financial barriers that prevent the prompt remediation of discharges of group-5 fuel

oil.

(4) REPORT.—Not later than 18 months after the date of

enactment of this Act, the Secretary of Transportation shall

submit to the Committee on Environment and Public Works

and the Committee on Commerce, Science, and Transportation

of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results

of the study under this subsection.

46 USC 3703

note.

46 USC 4102

note.
110 STAT. 3948 PUBLIC LAW 104–324—OCT. 19, 1996

(5) RULEMAKING.—If the Secretary of Transportation determines, based on the results of the study under this subsection,

that there are significant risks to public health or the environment resulting from the actual or threatened discharge of

group-5 fuel oil from a vessel or facility that cannot be technologically or economically addressed by existing or anticipated

cleanup efforts, the Secretary may initiate a rulemaking to

take such action as is necessary to abate the threat.

(b) STUDY OF AUTOMATIC FUELING SHUTOFF EQUIPMENT.—

(1) COORDINATION OF STUDY.—The Secretary of Transportation shall coordinate with the Marine Board of the National

Research Council to conduct a study of the unintentional or

accidental discharge of fuel oil during lightering or fuel loading

or off-loading activity.

(2) MATTERS TO BE INCLUDED.—The study under this subsection shall include a review and analysis of current monitoring and fueling practices to determine the need for automatic

fuel shutoff equipment to prevent the accidental discharge of

fuel oil, and whether such equipment is needed as a supplement

to or replacement of existing preventive equipment or procedures.

(3) REPORT.—Not later than 18 months after the date of

enactment of this Act, the Secretary of Transportation shall

submit to the Committee on Environment and Public Works

and the Committee on Commerce, Science, and Transportation

of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results

of the study under this subsection.

(4) RULEMAKING.—If the Secretary of Transportation determines, based on the results of the study conducted under this

subsection, that the use of automatic oil shutoff equipment

is necessary to prevent the actual or threatened discharge

of oil during lightering or fuel loading or off loading activity,

the Secretary may initiate a rulemaking to take such action

as is necessary to abate a threat to public health or the environment.

(c) LIGHTERING STUDY.—The Secretary of Transportation shall

coordinate with the Marine Board of the National Research Council

on a study into the actual incidence and risk of oil spills from

lightering operations off the coast of the United States. Among

other things, the study shall address the manner in which existing

regulations are serving to reduce oil spill risks. The study shall

take into account current or proposed international rules and standards and also include recommendations on measures that would

be likely to further reduce the risks of oil spills from lightering

operations. Not later than 18 months after the date of enactment

of this Act, the Secretary shall submit a report on the study to

the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Transportation and Infrastructure

of the House of Representatives.

TITLE X—CONVEYANCES

SEC. 1001. CONVEYANCE OF LIGHTHOUSES.

(a) AUTHORITY TO CONVEY.—

Reports.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3949

(1) IN GENERAL.—The Secretary of Transportation or the

Secretary of the Interior, as appropriate, shall convey, by an

appropriate means of conveyance, all right, title, and interest

of the United States in and to each of the following properties:

(A) Cape Ann Lighthouse, located on Thacher Island,

Massachusetts, to the town of Rockport, Massachusetts.

(B) Light Station Montauk Point, located at Montauk,

New York, to the Montauk Historical Association in

Montauk, New York.

(C) Squirrel Point Light, located in Arrowsic, Maine,

to Squirrel Point Associates, Incorporated.

(D) Point Arena Light Station, located in Mendocino

County, California, to the Point Arena Lighthouse Keepers,

Incorporated.

(E) Saint Helena Island Light Station, located in Mackinac County, Moran Township, Michigan, to the Great

Lakes Lighthouse Keepers Association.

(F) Presque Isle Light Station, located in Presque Isle

Township, Michigan, to Presque Isle Township, Presque

Isle County, Michigan.

(G) Cove Point Lighthouse, located in Calvert County,

Maryland, to Calvert County, Maryland.

(2) IDENTIFICATION OF PROPERTY.—The Secretary may identify, describe, and determine the property to be conveyed under

this subsection.

(3) EXCEPTION.—The Secretary may not convey any historical artifact, including any lens or lantern, located on the property at or before the time of the conveyance.

(b) TERMS OF CONVEYANCE.—

(1) IN GENERAL.—The conveyance of property under this

section shall be made—

(A) without payment of consideration; and

(B) subject to the conditions required by this section

and other terms and conditions the Secretary may consider

appropriate.

(2) REVERSIONARY INTEREST.—In addition to any term or

condition established under this section, the conveyance of property under this subsection shall be subject to the condition

that all right, title, and interest in the property shall immediately revert to the United States if—

(A) the property, or any part of the property—

(i) ceases to be used as a nonprofit center for

the interpretation and preservation of maritime history;

(ii) ceases to be maintained in a manner that

ensures its present or future use as a Coast Guard

aid to navigation; or

(iii) ceases to be maintained in a manner consistent

with the provisions of the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.); or

(B) at least 30 days before that reversion, the Secretary

of Transportation provides written notice to the owner that

the property is needed for national security purposes.

(3) MAINTENANCE OF NAVIGATION FUNCTIONS.—A conveyance of property under this section shall be made subject to

the conditions that the Secretary of Transportation considers

to be necessary to assure that—

Notice.

State listing.
110 STAT. 3950 PUBLIC LAW 104–324—OCT. 19, 1996

(A) the lights, antennas, sound signal, electronic

navigation equipment, 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 owner of the property may not interfere or

allow interference in any manner with aids to navigation

without express written permission from the Secretary of

Transportation;

(C) there is reserved to the United States the right

to relocate, replace, or add any aid to navigation or make

any changes to the property as may be necessary for

navigational purposes;

(D) the United States shall have the right, at any

time, to enter the property without notice for the purpose

of maintaining aids to navigation; and

(E) the United States shall have an easement of access

to and across the property for the purpose of maintaining

the aids to navigation in use on the property.

(4) OBLIGATION LIMITATION.—The owner of property conveyed under this section is not required to maintain any active

aid to navigation equipment on the property.

(5) PROPERTY TO BE MAINTAINED IN ACCORDANCE WITH CERTAIN LAWS.—The owner of property conveyed under this section

shall maintain the property in accordance with the National

Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) and

other applicable laws.

(c) MAINTENANCE STANDARD.—The owner of any property conveyed under this section, at its own cost and expense, shall maintain

the property in a proper, substantial, and workmanlike manner.

(d) DEFINITIONS.—For purposes of this section:

(1) The term ‘‘Montauk Light Station’’ includes the keeper’s

dwellings, adjacent Coast Guard rights-of-way, the World War

II submarine spotting tower, the lighthouse tower, and the

paint locker.

(2) The term ‘‘owner’’ means the person identified in subsection (a)(1) (A) through (G), and includes any successor of

assign of that person.

(3) The term ‘‘Point Arena Light Station’’ includes the

light tower building, fog signal building, 2 small shelters, 4

residential quarters, and a restroom facility.

(4) The term ‘‘Squirrel Point Light’’ includes the light tower,

dwelling, boat house, oil house, barn, any other ancillary buildings, and any other land as may be necessary for the owner

to operate a nonprofit center for public benefit.

(5) The term ‘‘Presque Isle Light Station’’ includes the

light tower, attached dwelling, detached dwelling, 3-car garage,

and any other improvements on that parcel of land.

SEC. 1002. CONVEYANCE OF CERTAIN LIGHTHOUSES LOCATED IN

MAINE.

(a) AUTHORITY TO CONVEY.—

(1) IN GENERAL.—The Secretary of Transportation (in this

section referred to as the ‘‘Secretary’’) shall convey to an entity

recommended by the Island Institute, Rockland, Maine (in this

section referred to as the ‘‘Institute’’), and approved by the
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3951

Selection Committee established in subsection (d)(3)(A), by an

appropriate means of conveyance, all right, title, and interest

of the United States in and to any of the facilities and real

property and improvements described in paragraph (2).

(2) IDENTIFICATION OF PROPERTIES.—Paragraph (1) applies

to lighthouses, together with any real property and other

improvements associated therewith, located in the State of

Maine as follows:

(A) Burnt Island Light.

(B) Rockland Harbor Breakwater Light.

(C) Monhegan Island Light.

(D) Eagle Island Light.

(E) Curtis Island Light.

(F) Moose Peak Light.

(G) Great Duck Island Light.

(H) Goose Rocks Light.

(I) Isle au Haut Light.

(J) Goat Island Light.

(K) Wood Island Light.

(L) Doubling Point Light.

(M) Doubling Point Front Range Light.

(N) Doubling Point Rear Range Light.

(O) Little River Light.

(P) Spring Point Ledge Light.

(Q) Ram Island Light (Boothbay).

(R) Seguin Island Light.

(S) Marshall Point Light.

(T) Fort Point Light.

(U) West Quoddy Head Light.

(V) Brown’s Head Light.

(W) Cape Neddick Light.

(X) Halfway Rock Light.

(Y) Ram Island Ledge Light.

(Z) Mount Desert Rock Light.

(AA) Whitlock’s Mill Light.

(BB) Nash Island Light.

(CC) Manana Island Fog Signal Station.

(DD) Franklin Island Light.

(3) DEADLINE FOR CONVEYANCE.—(A) The conveyances

authorized by this subsection shall take place not later than

2 years after the date of the enactment of this Act.

(B) During the period described in subparagraph (A), the

Secretary may not transfer or convey any right, title, or interest

in the properties listed in paragraph (2) in any manner that

is inconsistent with this section, nor shall the Secretary transfer

these properties to the General Services Administration for

disposal, unless the Selection Committee notifies the Secretary

that an eligible entity referred to in subsection (d)(2) will not

be identified during that period.

(C) During the period described in subparagraph (A), no

other provision of law concerning the disposal of Federal property that is inconsistent in any manner with the provisions

of this section shall apply to the properties listed in paragraph

(2).

(4) ADDITIONAL CONVEYANCES.—The Secretary may transfer, in accordance with the terms and conditions of subsection

Applicability.
110 STAT. 3952 PUBLIC LAW 104–324—OCT. 19, 1996

(b), the following lighthouses, together with any real property

and improvements associated therewith—

(A) directly to the United States Fish and Wildlife

Service:

(i) Two Bush Island Light.

(ii) Egg Rock Light.

(iii) Libby Island Light.

(iv) Matinicus Rock Light.

(B) to the Institute, with the concurrence of the Maine

Lighthouse Selection Committee:

(i) Whitehead Island Light.

(ii) Deer Island Thorofare (Mark Island) Light.

(b) TERMS OF CONVEYANCE.—

(1) IN GENERAL.—The conveyance of property pursuant to

this section shall be made—

(A) without payment of consideration; and

(B) subject to the conditions required by this section

and other terms and conditions the Secretary may consider

appropriate.

(2) MAINTENANCE OF NAVIGATION FUNCTION.—The conveyance of property pursuant to this section shall be made subject

to the conditions that the Secretary considers necessary to

assure that—

(A) the lights, antennas, sound signal, electronic

navigation equipment, 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;

(B) the Institute, the United States Fish and Wildlife

Service, and an entity to which property is conveyed under

this section may not interfere or allow interference in any

manner with aids to navigation without express written

permission from the Secretary;

(C) there is reserved to the United States the right

to relocate, replace, or add any aid to navigation or make

any changes to property conveyed under this section as

may be necessary for navigational purposes;

(D) the United States shall have the right, at any

time, to enter property conveyed under this section without

notice for the purpose of maintaining aids to navigation;

and

(E) the United States shall have an easement of access

to and across property conveyed under this section for

the purpose of maintaining the aids to navigation in use

on the property.

(3) OBLIGATION LIMITATION.—The Institute, or any entity

to which a lighthouse is conveyed under subsection (d), is

not required to maintain any active aid to navigation equipment

on a property conveyed under this section.

(4) REVERSIONARY INTEREST.—In addition to any term or

condition established pursuant to this section, the conveyance

of property pursuant to this section shall be subject to the

condition that all right, title, and interest in such property

shall immediately revert to the United States if—

(A) such property or any part of such property ceases

to be used for educational, historic, recreational, cultural,

and wildlife conservation programs for the general public
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3953

and for such other uses as the Secretary determines to

be not inconsistent or incompatible with such uses;

(B) such property or any part of such property ceases

to be maintained in a manner that ensures its present

or future use as a Coast Guard aid to navigation; or

(C) such property or any part of such property ceases

to be maintained in a manner consistent with the provisions of the National Historic Preservation Act of 1966

(16 U.S.C. 470 et seq.).

(c) INSPECTION.—The State Historic Preservation Officer of the

State of Maine may at any time inspect any lighthouse, and any

real property and improvements associated therewith, that is conveyed under this section to an entity that is not a Federal agency,

without notice, for purposes of ensuring that the lighthouse is

being maintained in the manner required under subsection (b).

The Institute, and conveyees under subsection (d) that are not

Federal agencies, shall cooperate with the official referred to in

the preceding sentence in the inspections of that official under

this subsection.

(d) CONVEYANCE OF LIGHTHOUSES.—

(1) REQUIREMENT.—The Secretary shall convey, without

consideration, all right, title, and interest of the United States

in and to the lighthouses identified in subsection (a)(2), together

with any real property and improvements associated therewith,

to one or more entities identified under paragraph (2) and

approved by the committee established under paragraph (3)

in accordance with the provisions of such paragraph (3).

(2) IDENTIFICATION OF ELIGIBLE ENTITIES.—

(A) IN GENERAL.—Subject to subparagraph (B), the

Institute shall identify entities eligible for the conveyance

of a lighthouse under this subsection. Such entities shall

include any department or agency of the Federal Government, any department or agency of the government of

the State of Maine, any local government in that State,

or any nonprofit corporation, educational agency, or

community development organization that—

(i) is financially able to maintain the lighthouse

(and any real property and improvements conveyed

therewith) in accordance with the conditions set forth

in subsection (b);

(ii) has agreed to permit the inspections referred

to in subsection (c); and

(iii) has agreed to comply with the conditions set

forth in subsection (b); and to have such conditions

recorded with the deed of title to the lighthouse and

any real property and improvements that may be conveyed therewith.

(B) ORDER OF PRIORITY.—In identifying entities eligible

for the conveyance of a lighthouse under this paragraph,

the Institute shall give priority to entities in the following

order, which are also the exclusive entities eligible for

the conveyance of a lighthouse under this section:

(i) Agencies of the Federal Government.

(ii) Entities of the government of the State of

Maine.

(iii) Entities of local governments in the State of

Maine.
110 STAT. 3954 PUBLIC LAW 104–324—OCT. 19, 1996

(iv) Nonprofit corporations, educational agencies,

and community development organizations.

(3) SELECTION OF CONVEYEES AMONG ELIGIBLE ENTITIES.—

(A) COMMITTEE.—

(i) IN GENERAL.—There is hereby established a

committee to be known as the Maine Lighthouse Selection Committee (in this paragraph referred to as the

‘‘Committee’’).

(ii) MEMBERSHIP.—The Committee shall consist of

five members appointed by the Secretary, in consultation with the Advisory Council on Historic Preservation, as follows:

(I) One member, who shall serve as the Chairman of the Committee, shall be appointed from

among individuals recommended by the Governor

of the State of Maine.

(II) One member shall be the State Historic

Preservation Officer of the State of Maine, with

the consent of that official, or a designee of that

official.

(III) One member shall be appointed from

among individuals recommended by State and local

organizations in the State of Maine that are concerned with lighthouse preservation or maritime

heritage matters.

(IV) One member shall be appointed from

among individuals recommended by officials of

local governments of the municipalities in which

the lighthouses are located.

(V) One member shall be appointed from

among individuals recommended by the Secretary

of the Interior.

(iii) APPOINTMENT DEADLINE.—The Secretary shall

appoint the members of the Committee not later than

90 days after the date of the enactment of this Act.

(iv) MEMBERSHIP TERM.—

(I) Members of the Committee shall serve for

such terms not longer than 2 years as the Secretary shall provide. The Secretary may stagger

the terms of initial members of the Committee

in order to ensure continuous activity by the

Committee.

(II) Any member of the Committee may serve

after the expiration of the term of the member

until a successor to the member is appointed. A

vacancy in the Committee shall be filled in the

same manner in which the original appointment

was made.

(v) VOTING.—The Committee shall act by an

affirmative vote of a majority of the members of the

Committee.

(B) RESPONSIBILITIES.—

(i) IN GENERAL.—The Committee shall—

(I) review the entities identified by the

Institute under paragraph (2) as entities eligible

for the conveyance of a lighthouse; and

Establishment.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3955

(II) approve one such entity, or disapprove

all such entities, as entities to which the Secretary

may make the conveyance of the lighthouse under

this subsection.

(ii) APPROVAL.—If the Committee approves an

entity for the conveyance of a lighthouse, the Committee shall notify the Institute of such approval. The

Institute shall forward such recommendations to the

Secretary.

(iii) DISAPPROVAL.—If the Committee disapproves

of the entities, the Committee shall notify the Institute

and the Institute shall identify other entities eligible

for the conveyance of the lighthouse under paragraph

(2). The Committee shall review and approve or disapprove entities identified pursuant to the preceding

sentence in accordance with this subparagraph and

the criteria set forth in subsection (b).

(C) EXEMPTION FROM FACA.—The Federal Advisory

Committee Act (5 App. U.S.C.) shall not apply to the

Committee, however, all meetings of the Committee shall

be open to the public and preceded by appropriate public

notice.

(D) TERMINATION.—The Committee shall terminate 2

years from the date of the enactment of this Act.

(E) FUNDING.—Nothing in this section shall imply a

commitment or obligation of any department or agency

of the Federal Government to fund the expenses of the

Committee.

(4) CONVEYANCE.—Upon notification under paragraph

(3)(B)(ii) of the approval of an identified entity for conveyance

of a lighthouse under this subsection, the Secretary shall, with

the consent of the entity, convey the lighthouse to the entity.

(5) RESPONSIBILITIES OF CONVEYEES.—Each entity to which

the Secretary conveys a lighthouse under this subsection, or

any successor or assign of such entity in perpetuity, shall—

(A) use and maintain the lighthouse in accordance

with subsection (b) and have such terms and conditions

recorded with the deed of title to the lighthouse and any

real property conveyed therewith; and

(B) permit the inspections referred to in subsection

(c).

(e) DESCRIPTION OF PROPERTY.—The legal description of any

lighthouse, and any real property and improvements associated

therewith, conveyed under subsection (a) shall be determined by

the Secretary. The Secretary shall retain all right, title, and interest

of the United States in and to any historical artifact, including

any lens or lantern, that is associated with the lighthouses conveyed

under this subsection, whether located at the lighthouse or elsewhere. The Secretary shall identify any equipment, system, or

object covered by this paragraph.

SEC. 1003. TRANSFER OF COAST GUARD PROPERTY IN GOSNOLD,

MASSACHUSETTS.

(a) CONVEYANCE REQUIREMENT.—The Secretary of Transportation may convey to the town of Gosnold, Massachusetts, 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

Public

information.

Notification.
110 STAT. 3956 PUBLIC LAW 104–324—OCT. 19, 1996

States in and to the property known as the ‘‘United States Coast

Guard Cuttyhunk Boathouse and Wharf’’, as described in subsection

(c).

(b) CONDITIONS.—Any conveyance of property under subsection

(a) shall be subject to the condition that the Coast Guard shall

retain in perpetuity and at no cost—

(1) the right of access to, over, and through the boathouse,

wharf, and land comprising the property at all times for the

purpose of berthing vessels, including vessels belonging to members of the Coast Guard Auxiliary; and

(2) the right of ingress to and egress from the property

for purposes of access to Coast Guard facilities and performance

of Coast Guard functions.

(c) PROPERTY DESCRIBED.—The property referred to in subsection (a) is real property located in the town of Gosnold,

Massachusetts (including all buildings, structures, equipment, and

other improvements), as determined by the Secretary of Transportation.

SEC. 1004. CONVEYANCE OF PROPERTY IN KETCHIKAN, ALASKA.

(a) AUTHORITY TO CONVEY.—The Secretary of Transportation

or the Administrator of General Services, as appropriate, 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 as a health or social services facility.

(b) IDENTIFICATION OF PROPERTY.—The Secretary or the

Administrator, as appropriate, shall identify, describe, and determine the property to be conveyed pursuant to this section.

(c) REVERSIONARY INTEREST.—(1) The conveyance of property

described in subsection (b) shall be subject to the conditions that—

(A) the existing buildings on such property shall be demolished and removed by not later than July 3, 1997; and

(B) such property, and all right, title and interest in such

property, shall transfer to the City of Ketchikan if, within

24 months of the date of enactment of this Act, the Ketchikan

Indian Corporation has not completed design and construction

plans for a health and social services facility (including local

permitting requirements, but not financing plans) and received

approval from the City of Ketchikan for such plans or the

written consent of the City to exceed this period.

(2) If the property described in subsection (b) is transferred

to the City of Ketchikan under subsection (c), the transfer shall

be subject to the condition that all right, title, and interest in

and to the property shall immediately revert to the United States

if the property ceases to be used by the City of Ketchikan in

a health-related or hospital-related capacity.

SEC. 1005. CONVEYANCE OF PROPERTY IN TRAVERSE CITY, MICHIGAN.

(a) AUTHORITY TO CONVEY.—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
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3957

in and to the property identified, described, and determined by

the Secretary under subsection (b), subject to all easements and

other interests in the property held by any other person.

(b) IDENTIFICATION OF PROPERTY.—The Secretary shall identify,

describe, and determine the property to be conveyed pursuant to

this section.

(c) REVERSIONARY INTEREST.—In addition to any term or condition established pursuant to subsection (a) or (d), 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

Area Public School District.

(d) TERMS OF CONVEYANCE.—The conveyance of property under

this section shall be subject to such conditions as the Secretary

considers to be necessary to assure that—

(1) the pump room located on the property shall continue

to be operated and maintained by the United States for as

long as it is needed for this purpose;

(2) the United States shall have an easement of access

to the property for the purpose of operating and maintaining

the pump room; and

(3) the United States shall have the right, at any time,

to enter the property without notice for the purpose of operating

and maintaining the pump room.

SEC. 1006. TRANSFER OF COAST GUARD PROPERTY IN NEW

SHOREHAM, RHODE ISLAND.

(a) REQUIREMENT.—The Secretary of Transportation (or any

other official having control over the property described in subsection (b)) may convey to the town of New Shoreham, Rhode

Island, without consideration, all right, title, and interest of the

United States in and to the property known as the United States

Coast Guard Station Block Island, as described in subsection (b),

subject to all easements and other interest in the property held

by any other person.

(b) PROPERTY DESCRIBED.—The property referred to in subsection (a) is real property (including buildings and improvements)

located on the west side of Block Island, Rhode Island, at the

entrance to the Great Salt Pond and referred to in the books

of the Tax Assessor of the town of New Shoreham, Rhode Island,

as lots 10 and 12, comprising approximately 10.7 acres.

(c) REVERSIONARY INTEREST.—In addition to any term or condition established pursuant to subsection (a), any conveyance of property under subsection (a) 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 town of New Shoreham,

Rhode Island.

SEC. 1007. CONVEYANCE OF PROPERTY IN SANTA CRUZ, CALIFORNIA.

(a) AUTHORITY TO CONVEY.—

(1) IN GENERAL.—The Secretary of Transportation (referred

to in this section as the ‘‘Secretary’’) may convey to the Santa

Cruz Port District by an appropriate means of conveyance,

all right, title, and interest of the United States in and to

the property described in paragraph (2).
110 STAT. 3958 PUBLIC LAW 104–324—OCT. 19, 1996

(2) IDENTIFICATION OF PROPERTY.—The Secretary may identify, describe, and determine the property to be conveyed pursuant to this section.

(b) CONSIDERATION.—Any conveyance of property pursuant to

this section shall be made without payment of consideration.

(c) CONDITION.—The conveyance provided for in subsection (a)

may be made contingent upon agreement by the Port District that—

(1) the utility systems, building spaces, and facilities or

any alternate, suitable facilities and buildings on the harbor

premises would be available for joint use by the Port District

and the Coast Guard when deemed necessary by the Coast

Guard; and

(2) the Port District would be responsible for paying the

cost of maintaining, operating, and replacing (as necessary)

the utility systems and any buildings and facilities located

on the property as described in subsection (a) or on any alternate, suitable property on the harbor premises set aside for

use by the Coast Guard.

(d) REVERSIONARY INTEREST.—Any conveyance of property

pursuant to this section shall be subject to the condition that

all right, title, and interest in Subunit Santa Cruz shall immediately

revert to the United States—

(1) if Subunit Santa Cruz ceases to be maintained as a

nonprofit center for education, training, administration, and

other public service to include use by the Coast Guard; or

(2) at the end of the thirty day period beginning on any

date on which the Secretary provides written notice to the

Santa Cruz Port District that Subunit Santa Cruz is needed

for national security purposes.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the conveyance under subsection (a) as the Secretary considers

appropriate to protect the interests of the United States.

(f) DEFINITIONS.—For purposes of this section—

(1) ‘‘Subunit Santa Cruz’’ means the Coast Guard property

and improvements located at Santa Cruz, California;

(2) ‘‘Secretary’’ means the Secretary of the department

in which the Coast Guard is operating; and

(3) ‘‘Port District’’ means the Santa Cruz Port District,

or any successor or assign.

SEC. 1008. CONVEYANCE OF VESSEL S/S RED OAK VICTORY.

(a) IN GENERAL.—Notwithstanding any other law, the Secretary

of Transportation (referred to in this section as the ‘‘Secretary’’)

may convey the right, title, and interest of the United States

Government in and to the vessel S/S RED OAK VICTORY (Victory

Ship VCS–AP2; United States Navy Hull No. AK235) to the City

of Richmond Museum Association, Inc., located in Richmond,

California (in this section referred to as ‘‘the recipient’’), if—

(1) the recipient agrees to use the vessel for the purposes

of a monument to the wartime accomplishments of the City

of Richmond;

(2) the vessel is not used for commercial transportation

purposes;

(3) the recipient agrees to make the vessel available to

the Government if the Secretary requires use of the vessel

by the Government for war or a national emergency;
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3959

(4) the recipient agrees to hold the Government harmless

for any claims arising from exposure to hazardous materials,

including asbestos and PCB’s, after conveyance of the vessel,

except for claims arising from use by the Government under

paragraph (3);

(5) the recipient has available, for use to restore the vessel,

in the form of cash, liquid assets, or a written loan commitment,

financial resources of at least $100,000; and

(6) the recipient agrees to any other conditions the Secretary considers appropriate.

(b) DELIVERY OF VESSEL.—If a conveyance is made under this

section, the Secretary shall deliver the vessel at the place where

the vessel is located on the date of enactment of this Act, in

its present condition, without cost to the Government.

(c) OTHER UNNEEDED EQUIPMENT.—The Secretary may convey

to the recipient any unneeded equipment from other vessels in

the National Defense Reserve Fleet for use to restore the S/S

RED OAK VICTORY to museum quality.

(d) RETENTION OF VESSEL IN NDRF.—The Secretary shall retain

in the National Defense Reserve Fleet the vessel authorized to

be conveyed under subsection (a), until the earlier of—

(1) 2 years after the date of the enactment of this Act;

or

(2) the date of conveyance of the vessel under subsection

(a).

SEC. 1009. CONVEYANCE OF EQUIPMENT.

The Secretary of Transportation may convey any unneeded

equipment from other vessels in the National Defense Reserve

Fleet to the JOHN W. BROWN and other qualified United States

memorial ships in order to maintain their operating condition.

SEC. 1010. PROPERTY EXCHANGE.

(a) PROPERTY ACQUISITION.—The Secretary may, by means of

an exchange of property, acceptance as a gift, or other means

that does not require the use of appropriated funds, acquire all

right, title, and interest in and to a parcel or parcels of real

property and any improvements thereto located within the limits

of the City and Borough of Juneau, Alaska.

(b) ACQUISITION THROUGH EXCHANGE.—For the purposes of

acquiring property under subsection (a) by means of an exchange,

the Secretary may convey all right, title, and interest of the United

States in and to a parcel or parcels of real property and any

improvements thereto located within the limits of the City and

Borough of Juneau, Alaska and in the control of the Coast Guard

if the Secretary determines that the exchange is in the best interest

of the Coast Guard.

(c) TERMS AND CONDITIONS.—The Secretary may require such

terms and conditions under this section as the Secretary considers

appropriate to protect the interests of the United States.

SEC. 1011. AUTHORITY TO CONVEY WHITEFISH POINT LIGHT STATION

LAND.

(a) AUTHORITY TO CONVEY.— (1) IN GENERAL.—Except as otherwise provided in this section, the Secretary of the Interior (in this section referred

to as the ‘‘Secretary’’) may convey, by an appropriate means

of conveyance, all right, title, and interest of the United States
110 STAT. 3960 PUBLIC LAW 104–324—OCT. 19, 1996

in 1 of the 3 parcels comprising the land on which the United

States Coast Guard Whitefish Point Light Station is situated

(in this section referred to as the ‘‘Property’’), to each of the

Great Lakes Shipwreck Historical Society, located in Sault

Ste. Marie, Michigan, the United States Fish and Wildlife Service, and the Michigan Audubon Society (each of which is

referred to in this section as a ‘‘recipient’’), subject to all easements, conditions, reservations, exceptions, and restrictions contained in prior conveyances of record.

(2) LIMITATION.—Notwithstanding paragraph (1), the Secretary shall retain for the United States all right, title, and

interest in—

(A) any historical artifact, including any lens or lantern, and

(B) the light, antennas, sound signal, towers, associated

lighthouse equipment, and any electronic navigation equipment, which are active aids to navigation,

which is located on the Property, or which relates to the Property.

(3) IDENTIFICATION OF THE PROPERTY.—The Secretary may

identify, describe, and determine the parcels to be conveyed

pursuant to this section.

(4) RIGHTS OF ACCESS.—If necessary to ensure access to

a public roadway for a parcel conveyed under this section,

the Secretary shall convey with the parcel an appropriate

appurtenant easement over another parcel conveyed under this

section.

(5) EASEMENT FOR PUBLIC ALONG SHORELINE.—In each

conveyance under this section of property located on the shoreline of Lake Superior, the Secretary shall retain for the public,

for public walkway purposes, a right-of-way along the shoreline

that extends 30 feet inland from the mean high water line.

(b) TERMS AND CONDITIONS.—

(1) IN GENERAL.—Any conveyance pursuant to subsection

(a) shall be made—

(A) without payment of consideration; and

(B) subject to such terms and conditions as the Secretary considers appropriate.

(2) MAINTENANCE OF NAVIGATION FUNCTIONS.—The Secretary shall ensure that any conveyance pursuant to this section

is subject to such conditions as the Secretary considers to

be necessary to assure that—

(A) the light, antennas, sound signal, towers, and associated lighthouse equipment, and any electronic navigation

equipment, which are located on the Property and 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 recipients 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 relocate, replace, or add any aids to navigation, or make

any changes on any portion of the Property as may be

necessary for navigation purposes;
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3961

(D) the United States shall have the right, at any

time, to enter the Property without notice for the purpose

of maintaining aids to navigation;

(E) the United States shall have—

(i) an easement of access to and across the Property

for the purpose of maintaining the aids to navigation

and associated equipment in use on the Property; and

(ii) an easement for an arc of visibility; and

(F) the United States shall not be responsible for the

cost and expense of maintenance, repair, and upkeep of

the Property.

(3) MAINTENANCE OBLIGATION.—The recipients shall not

have any obligation to maintain any active aid to navigation

equipment on any parcel conveyed pursuant to this section.

(c) PROPERTY TO BE MAINTAINED IN ACCORDANCE WITH CERTAIN LAWS.—Each recipient shall maintain the parcel conveyed

to the recipient pursuant to subsection (a) in accordance with the

provisions of the National Historic Preservation Act (16 U.S.C.

470 et seq.), and other applicable laws.

(d) MAINTENANCE STANDARD.—Each recipient shall maintain

the parcel conveyed to the recipient pursuant to subsection (a),

at its own cost and expense, in a proper, substantial, and

workmanlike manner, including the easements of access, the easement for an arc of visibility, the nuisance easement, and the underground easement.

(e) SHARED USE AND OCCUPANCY AGREEMENT.—The Secretary

shall require, as a condition of each conveyance of property under

this section, that all of the recipients have entered into the same

agreement governing the shared use and occupancy of the existing

Whitefish Point Light Station facilities. The agreement shall be

drafted by the recipients and shall include—

(1) terms governing building occupancy and access of recipient staff and public visitors to public restrooms, the auditorium,

and the parking lot; and

(2) terms requiring that each recipient shall be responsible

for paying a pro rata share of the costs of operating and

maintaining the existing Whitefish Point Light Station facilities, that is based on the level of use and occupancy of the

facilities by the recipient.

(f) LIMITATIONS ON DEVELOPMENT AND IMPAIRING USES.—It

shall be a term of each conveyance under this section that—

(1) no development of new facilities or expansion of existing

facilities or infrastructure on property conveyed under this

section may occur, except for purposes of implementing the

Whitefish Point Comprehensive Plan of October 1992 or for

a gift shop, unless—

(A) each of the recipients consents to the development

or expansion in writing;

(B) there has been a reasonable opportunity for public

comment on the development or expansion, and full consideration has been given to such public comment as is provided; and

(C) the development or expansion is consistent with

preservation of the Property in its predominantly natural,

scenic, historic, and forested condition; and
110 STAT. 3962 PUBLIC LAW 104–324—OCT. 19, 1996

(2) any use of the Property or any structure located on

the Property which may impair or interfere with the conservation values of the Property is expressly prohibited.

(g) REVERSIONARY INTEREST.—

(1) IN GENERAL.—All right, title, and interests in and to

property and interests conveyed under this section shall revert

to the United States and thereafter be administered by the

Secretary of the Interior acting through the Director of the

United States Fish and Wildlife Service, if—

(A) in the case of such property and interests conveyed

to the Great Lakes Shipwreck Historical Society, the property or interests cease to be used for the purpose of historical interpretation;

(B) in the case of such property and interests conveyed

to the Michigan Audubon Society, the property or interests

cease to be used for the purpose of environmental protection, research, and interpretation; or

(C) in the case of any property and interests conveyed

to a recipient referred to in subparagraph (A) or (B)—

(i) there is any violation of any term or condition

of the conveyance to that recipient; or

(ii) the recipient has ceased to exist.

(2) AUTHORITY TO ENFORCE REVERSIONARY INTEREST.—The

Secretary of the Interior, acting through the Director of the

United States Fish and Wildlife Service, shall have the authority—

(A) to determine for the United States Government

whether any act or omission of a recipient results in a

reversion of property and interests under paragraph (1);

and

(B) to initiate a civil action to enforce that reversion,

after notifying the recipient of the intent of the Secretary

of the Interior to initiate that action.

(3) MAINTENANCE OF NAVIGATION FUNCTIONS.—In the event

of a reversion of property under this subsection, the Secretary

of the Interior shall administer the property subject to any

conditions the Secretary of Transportation considers to be necessary to maintain the navigation functions.

SEC. 1012. CONVEYANCE OF PARRAMORE BEACH COAST GUARD STATION, VIRGINIA.

(a) IN GENERAL.—The Secretary of the department in which

the Coast Guard is operating shall convey to the Nature Conservancy (a nonprofit corporation established under the laws of the

District of Columbia and holder of ownership interest in Parramore

Island, Virginia), by not later than 30 days after the date of the

enactment of this Act and without consideration, all right, title,

and interest of the United States in and to all real property comprising the Parramore Beach Coast Guard Station, located on

Parramore’s Island near the town of Wachapreague in Accomack

County, Virginia.

(b) COMPLETION OF ENVIRONMENTAL REVIEWS, ASSESSMENTS,

AND CLEANUP.—

(1) AUTHORITY TO CONVEY BEFORE COMPLETION.—Notwithstanding any other provision of law that would require completion of an environmental review, assessment, or cleanup with

respect to the Parramore Beach Coast Guard Station before
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3963

the conveyance under subsection (a), the Secretary may make

that conveyance before the completion of that review, assessment, or cleanup, as applicable.

(2) TIME FOR COMPLETION.—Any environmental review,

assessment, or cleanup with respect to the Parramore Beach

Coast Guard Station shall be completed by as soon as practicable after the date of the enactment of this Act.

SEC. 1013. CONVEYANCE OF JEREMIAH O’BRIEN.

(a) IN GENERAL.—Notwithstanding any other provision of law,

the Secretary of Transportation (in this section referred to as the

‘‘Secretary’’) may convey, subject to the conditions set forth in

subsection (b), the right, title, and interest of the United States

Government in the vessel JEREMIAH O’BRIEN (United States

official number 243622; in this section referred to as the ‘‘Vessel’’),

to a nonprofit corporation (in this section referred to as the ‘‘Recipient’’) for use as a merchant marine memorial museum, if on the

date of enactment of this Act the Recipient has at least 10 consecutive years experience in restoring and operating a Liberty Ship

as a merchant marine memorial museum.

(b) CONDITIONS.—The conveyance of the Vessel under subsection (a) shall be subject to the following conditions:

(1) The Recipient agrees—

(A) to use the Vessel as a nonprofit merchant marine

memorial museum;

(B) not to use the Vessel for commercial transportation

purposes;

(C) to make the Vessel available to the Government

without cost if and when the Secretary requires use of

the Vessel by the Government;

(D) in the event the Recipient no longer requires the

Vessel for use as a merchant marine memorial museum,

to—

(i) reconvey, at the discretion of the Secretary,

the Vessel to the Government in as good condition

as when it was received from the Government, except

for ordinary wear and tear; and

(ii) deliver the Vessel to the Government at the

place where the Vessel was delivered to the Recipient;

(E) to hold the Government harmless for any claims

founded on occurrences after conveyance of the Vessel,

except for claims against the Government arising from

use by the Government under subparagraphs (C) and (D)

of this paragraph, which claims shall include any claims

resulting from exposure to asbestos and other substances;

and

(F) to any other conditions the Secretary considers

appropriate.

(2) If a conveyance is made under this section, the Secretary

shall deliver the Vessel to the Recipient at the place where

the Vessel is located on the date of enactment of this Act,

in its present condition, without cost to the Government.

(c) CONVEYANCE OF EQUIPMENT AND MATERIAL.—The Secretary

may convey to the Recipient any unneeded equipment and material

from other vessels at any time in the National Defense Reserve

Fleet in order to assist in placing and maintaining the Vessel

in operating condition.
110 STAT. 3964 PUBLIC LAW 104–324—OCT. 19, 1996

(d) EXPIRATION OF AUTHORITY.—The authority of the Secretary

to convey the Vessel under this section shall expire 2 years after

the date of enactment of this Act.

TITLE XI—MISCELLANEOUS

SEC. 1101. 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.), the Secretary 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. 1102. OIL SPILL RECOVERY INSTITUTE.

(a) ADVISORY BOARD AND EXECUTIVE COMMITTEE.—Section 5001

of the Oil Pollution Act of 1990 (33 U.S.C. 2731) is amended—

(1) by striking ‘‘to be administered by the Secretary of

Commerce’’ in subsection (a);

(2) by striking ‘‘and located’’ in subsection (a) and inserting

‘‘located’’;

(3) by striking ‘‘the EXXON VALDEZ oil spill’’ each place

it appears in subsection (b)(2) and inserting ‘‘Arctic or Subarctic

oil spills’’;

(4) by striking ‘‘18’’ in subsection (c)(1) and inserting ‘‘16’’;

(5) by striking ‘‘, Natural Resources, and Commerce and

Economic Development’’ in subsection (c)(1)(A) and inserting

a comma and ‘‘and Natural Resources’’;

(6) by striking subsection (c)(1) (B), (C), and (D);

(7) by redesignating subparagraphs (E) and (F) of subsection (c)(1) as subparagraphs (G) and (H), respectively;

(8) by inserting after subparagraph (A) of subsection (c)(1)

the following:

‘‘(B) One representative appointed by each of the Secretaries of Commerce, the Interior, and Transportation,

who shall be Federal employees.

‘‘(C) Two representatives from the fishing industry

appointed by the Governor of the State of Alaska from

among residents of communities in Alaska that were

affected by the EXXON VALDEZ oil spill, who shall serve

terms of 2 years each. Interested organizations from within

the fishing industry may submit the names of qualified

individuals for consideration by the Governor.

‘‘(D) Two Alaska Natives who represent Native entities

affected by the EXXON VALDEZ oil spill, at least one

of whom represents an entity located in Prince William

Sound, appointed by the Governor of Alaska from a list

of 4 qualified individuals submitted by the Alaska Federation of Natives, who shall serve terms of 2 years each.

‘‘(E) Two representatives from the oil and gas industry

to be appointed by the Governor of the State of Alaska

who shall serve terms of 2 years each. Interested organizations from within the oil and gas industry may submit

Louisiana.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3965

the names of qualified individuals for consideration by

the Governor.

‘‘(F) Two at-large representatives from among residents

of communities in Alaska that were affected by the EXXON

VALDEZ oil spill who are knowledgeable about the marine

environment and wildlife within Prince William Sound,

and who shall serve terms of 2 years each, appointed

by the remaining members of the Advisory Board.

Interested parties may submit the names of qualified

individuals for consideration by the Advisory Board.’’;

(9) adding at the end of subsection (c) the following:

‘‘(4) SCIENTIFIC REVIEW.—The Advisory Board may request

a scientific review of the research program every five years

by the National Academy of Sciences which shall perform the

review, if requested, as part of its responsibilities under section

7001(b)(2).’’;

(10) by striking ‘‘the EXXON VALDEZ oil spill’’ in subsection (d)(2) and inserting ‘‘Arctic or Subarctic oil spills’’;

(11) by striking ‘‘Secretary of Commerce’’ in subsection

(e) and inserting ‘‘Advisory Board’’;

(12) by striking ‘‘, the Advisory Board,’’ in the second sentence of subsection (e);

(13) by striking ‘‘Secretary’s’’ in subsection (e) and inserting

‘‘Advisory Board’s’’;

(14) by inserting ‘‘authorization in section 5006(b) providing

funding for the’’ in subsection (i) after ‘‘The’’;

(15) by striking ‘‘this Act’’ in subsection (i) and inserting

‘‘the Coast Guard Authorization Act of 1996’’;

(16) by striking the first sentence of subsection (j); and

(17) by inserting ‘‘The Advisory Board may compensate

its Federal representatives for their reasonable travel costs.’’

in subsection (j) after ‘‘Institute.’’.

(b) FUNDING.—Section 5006 of the Oil Pollution Act of 1990

(33 U.S.C. 2736) is amended by—

(1) striking subsection (a) and redesignating subsection

(b) as subsection (a);

(2) striking ‘‘5003’’ in the caption of subsection (a), as

redesignated, and inserting ‘‘5001, 5003,’’;

(3) inserting ‘‘to carry out section 5001 in the amount

as determined in section 5006(b), and’’ after ‘‘limitation,’’ in

the text of subsection (a), as redesignated; and

(4) adding at the end thereof the following:

‘‘(b) USE OF INTEREST ONLY.—The amount of funding to be

made available annually to carry out section 5001 shall be the

interest produced by the Fund’s investment of the $22,500,000

remaining funding authorized for the Prince William Sound Oil

Spill Recovery Institute and currently deposited in the Fund and

invested by the Secretary of the Treasury in income producing

securities along with other funds comprising the Fund. The National

Pollution Funds Center shall transfer all such accrued interest,

including the interest earned from the date funds in the TransAlaska Liability Pipeline Fund were transferred into the Oil Spill

Liability Trust Fund pursuant to section 8102(a)(2)(B)(ii), to the

Prince William Sound Oil Spill Recovery Institute annually, beginning 60 days after the date of enactment of the Coast Guard

Authorization Act of 1996.
110 STAT. 3966 PUBLIC LAW 104–324—OCT. 19, 1996

‘‘(c) USE FOR SECTION 1012.—Beginning with the eleventh year

following the date of enactment of the Coast Guard Authorization

Act of 1996, the funding authorized for the Prince William Sound

Oil Spill Recovery Institute and deposited in the Fund shall thereafter be made available for purposes of section 1012 in Alaska.’’.

(c) CONFORMING AMENDMENTS.— (1) Section 6002(b) of the Oil Pollution Act of 1990 (33

U.S.C. 2752(b)) is amended by striking ‘‘5006(b)’’ and inserting

‘‘5006’’.

(2) Section 7001(c)(9) the Oil Pollution Act of 1990 (33

U.S.C. 2761(c)(9)) is amended by striking the period at the

end thereof and inserting ‘‘until the authorization for funding

under section 5006(b) expires.’’.

SEC. 1103. LIMITED DOUBLE HULL EXEMPTIONS.

Section 3703a of title 46, United States Code, is amended—

(1) in subsection (b), by—

(A) striking ‘‘or’’ at the end of paragraph (2);

(B) striking the period at the end of paragraph (3)

and inserting a semicolon; and

(C) adding at the end the following new paragraphs:

‘‘(4) a vessel documented under chapter 121 of this title

that was equipped with a double hull before August 12, 1992;

‘‘(5) a barge of less than 1,500 gross tons (as measured

under chapter 145 of this title) carrying refined petroleum

product in bulk as cargo in or adjacent to waters of the Bering

Sea, Chukchi Sea, and Arctic Ocean and waters tributary thereto and in the waters of the Aleutian Islands and the Alaskan

Peninsula west of 155 degrees west longitude; 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).’’; and

(2) by adding at the end the following new subsection:

‘‘(d) The operation of barges described in subsection (b)(5) outside waters described in that subsection shall be on any conditions

as the Secretary may require.’’.

SEC. 1104. OIL SPILL RESPONSE VESSELS.

(a) DESCRIPTION.—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 thereof the following:

‘‘(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 as measured under

section 14502 of this title, or an alternate tonnage meas-
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3967

ured under section 14302 of this title as prescribed by

the Secretary under section 14104 of this title;

‘‘(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 and work

hours 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—

(1) by striking ‘‘and’’ after the semicolon at the end of

paragraph (7),

(2) by striking the period at the end of paragraph (8)

and inserting a semicolon and ‘‘and’’; and

(3) by adding at the end thereof 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. 1105. SERVICE IN CERTAIN SUITS IN ADMIRALTY.

Section 2 of the Act of March 9, 1920 (popularly known as

the Suits in Admiralty Act; 46 App. U.S.C. 742), is amended by

striking ‘‘The libelant’’ and all that follows through ‘‘and such

corporation.’’.

SEC. 1106. AMENDMENTS TO THE JOHNSON ACT.

(a) CALIFORNIA CRUISE INDUSTRY REVITALIZATION.—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 thereof 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.’’.
110 STAT. 3968 PUBLIC LAW 104–324—OCT. 19, 1996

(b) AUTHORITY OF THE STATE OF INDIANA OVER VESSELS ON

VOYAGES IN THE TERRITORIAL JURISDICTION OF THE STATE OF

INDIANA.—Section 5(b)(1) of the Act of January 2, 1951 (15 U.S.C.

1175(b)(1)), commonly known as the ‘‘Johnson Act’’, is amended—

(1) in subparagraph (A) by striking ‘‘or’’ after the semicolon

at the end;

(2) in subparagraph (B) by striking the period at the end

and inserting ‘‘; or’’; and

(3) by adding at the end the following new subparagraph:

‘‘(C) the repair, transport, possession, or use of a gambling device on a vessel on a voyage that begins in the

State of Indiana and that does not leave the territorial

jurisdiction of that State, including such a voyage on Lake

Michigan.’’.

(c) APPLICABILITY TO CERTAIN VOYAGES IN ALASKA.—Section

5 of the Act of January 2, 1951 (15 U.S.C. 1175), commonly referred

to as the ‘‘Johnson Act’’, is amended by adding at the end the

following new subsection:

‘‘(c) EXCEPTION.—(1) With respect to a vessel operating in

Alaska, this section does not prohibit, nor may the State of Alaska

make it a violation of law for there to occur, the repair, transport,

possession, or use of any gambling device on board a vessel which

provides sleeping accommodations for all of its passengers and

that is on a voyage or segment of a voyage described in paragraph

(2), except that such State may, within its boundaries—

‘‘(A) prohibit the use of a gambling device on a vessel

while it is docked or anchored or while it is operating within

3 nautical miles of a port at which it is scheduled to call;

and

‘‘(B) require the gambling devices to remain on board the

vessel.

‘‘(2) A voyage referred to in paragraph (1) is a voyage that—

‘‘(A) includes a stop in Canada or in a State other than

the State of Alaska;

‘‘(B) includes stops in at least 2 different ports situated

in the State of Alaska; and

‘‘(C) is of at least 60 hours duration.’’.

SEC. 1107. LOWER COLUMBIA RIVER MARITIME FIRE AND SAFETY

ACTIVITIES.

The Secretary of Transportation is authorized to expend out

of the amounts appropriated for the Coast Guard not more than

$940,000 for lower Columbia River marine, fire, oil, and toxic spill

response communications, training, equipment, and program

administration activities conducted by the Maritime Fire and Safety

Association.

SEC. 1108. OIL POLLUTION RESEARCH TRAINING.

Section 7001(c)(2)(D) of the Oil Pollution Act of 1990 (33 U.S.C.

2761(c)(2)(D)) is amended by striking ‘‘Texas;’’ and inserting ‘‘Texas,

and the Center for Marine Training and Safety in Galveston,

Texas;’’.

SEC. 1109. LIMITATION ON RELOCATION OF HOUSTON AND GALVESTON MARINE SAFETY OFFICES.

The Secretary of Transportation may not relocate the Coast

Guard Marine Safety Offices in Galveston, Texas, and Houston,
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3969

Texas. Nothing in this section prevents the consolidation of management functions of these Coast Guard authorities.

SEC. 1110. UNINSPECTED FISH TENDER VESSELS.

Section 3302 of title 46, United States Code, as amended by

this Act, is further amended as follows:

(1) Subsection (b) is amended by striking ‘‘A fishing vessel,’’

and inserting ‘‘Except as provided in subsection (c)(3) of this

section, a fishing vessel’’.

(2) Subsection (c)(1) is amended by striking ‘‘A fish processing vessel’’ and inserting ‘‘Except as provided in paragraph

(3) of this subsection, a fish processing vessel’’.

(3) Subsection (c)(2) is amended by striking ‘‘A fish tender

vessel’’ and inserting ‘‘Except as provided in paragraphs (3)

and (4) of this subsection, a fish tender vessel’’.

(4) Subsection (c)(3) is amended to read as follows:

‘‘(3)(A) A fishing vessel or fish processing vessel is exempt

from section 3301 (1), (6), and (7) of this title when transporting

cargo (including fisheries-related cargo) to or from a place in Alaska

if—

‘‘(i) that place does not receive weekly common carrier

service by water from a place in the United States;

‘‘(ii) that place receives such common carrier service and

the cargo is of a type not accepted by that common carrier

service; or

‘‘(iii) the cargo is proprietary cargo owned by the owner

of the vessel or any affiliated entity or subsidiary.

‘‘(B) A fish tender vessel of not more than 500 gross tons

as measured under section 14502 of this title, or an alternate

tonnage measured under section 14302 of this title as prescribed

by the Secretary under section 14104 of this title, which is qualified

to engage in the Aleutian trade is exempt from section 3301 (1),

(6), and (7) of this title when transporting cargo (including fisheriesrelated cargo) to or from a place in Alaska outside the Aleutian

trade geographic area if—

‘‘(i) that place does not receive weekly common carrier

service by water from a place in the United States;

‘‘(ii) that place receives such common carrier service and

the cargo is of a type not accepted by that common carrier

service; or

‘‘(iii) the cargo is proprietary cargo owned by the owner

of the vessel or any affiliated entity or subsidiary.

‘‘(C) In this paragraph, the term ‘proprietary cargo’ means

cargo that—

‘‘(i) is used by the owner of the vessel or any affiliated

entity or subsidiary in activities directly related to fishing

or the processing of fish;

‘‘(ii) is consumed by employees of the owner of the vessel

or any affiliated entity or subsidiary who are engaged in fishing

or in the processing of fish; or

‘‘(iii) consists of fish or fish products harvested or processed

by the owner of the vessel or any affiliated entity or subsidiary.

‘‘(D) Notwithstanding the restrictions in subparagraph (B) of

this paragraph, vessels qualifying under subparagraph (B) may

transport cargo (including fishery-related products) from a place

in Alaska receiving weekly common carrier service by water to
110 STAT. 3970 PUBLIC LAW 104–324—OCT. 19, 1996

a final destination in Alaska not receiving weekly service by water

from common carriers.’’.

SEC. 1111. FOREIGN PASSENGER VESSEL USER FEES.

Section 3303 of title 46, United States Code, is amended—

(1) by striking ‘‘(a)’’ in subsection (a); and

(2) by striking subsection (b).

SEC. 1112. COAST GUARD USER FEES.

(a) LIMITS ON USER FEES.—Section 10401(g) of the Omnibus

Budget Reconciliation Act of 1990 (46 U.S.C. 2110(a)(2)) is amended

by adding after ‘‘annually.’’ the following: ‘‘The Secretary may not

establish a fee or charge under paragraph (1) for inspection or

examination of a small passenger vessel under this title that is

more than $300 annually for such vessels under 65 feet in length,

or more than $600 annually for such vessels 65 feet in length

and greater.’’.

(b) FERRY EXEMPTION.—Such section is further amended by

adding at the end the following: ‘‘The Secretary may not establish

a fee or charge under paragraph (1) for inspection or examination

under this title for any publicly-owned ferry.’’.

SEC. 1113. VESSEL FINANCING.

(a) ELIMINATION OF MORTGAGEE RESTRICTIONS.—Section

31322(a) of title 46, United States Code, is amended to read as

follows:

‘‘(a) A preferred mortgage is a mortgage, whenever made, that—

‘‘(1) includes the whole of the vessel;

‘‘(2) is filed in substantial compliance with section 31321

of this title; and

‘‘(3)(A) covers a documented vessel; or

‘‘(B) covers a vessel for which an application for documentation is filed that is in substantial compliance with the requirements of chapter 121 of this title and the regulations prescribed

under that chapter.’’.

(b) ELIMINATION OF TRUSTEE RESTRICTIONS.—

(1) REPEAL.—Section 31328 of title 46, United States Code,

is repealed.

(2) CONFORMING AMENDMENTS.—Section 31330(b) of title

46, United States Code, is amended in paragraphs (1), (2),

and (3) by striking ‘‘31328 or’’ each place it appears.

(3) CLERICAL AMENDMENT.—The table of sections at the

beginning of chapter 313 of title 46, United States Code, is

amended by striking the item relating to section 31328.

(c) REMOVAL OF MORTGAGE RESTRICTIONS.—Section 9 of the

Shipping Act, 1916 (46 App. U.S.C. 808), is amended—

(1) in subsection (c)—

(A) by striking ‘‘31328’’ and inserting ‘‘12106(e)’’; and

(B) in paragraph (1) by striking ‘‘mortgage,’’ each place

it appears; and

(2) in subsection (d)—

(A) in paragraph (1) by striking ‘‘transfer, or mortgage’’

and inserting ‘‘or transfer’’;

(B) in paragraph (2) by striking ‘‘transfers, or mortgages’’ and inserting ‘‘or transfers’’;

(C) in paragraph (3)(B) by striking ‘‘transfers, or mortgages’’ and inserting ‘‘or transfers’’; and
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3971

(D) in paragraph (4) by striking ‘‘transfers, or mortgages’’ and inserting ‘‘or transfers’’.

(d) LEASING.—Section 12106 of title 46, United States Code,

is amended by adding at the end the following:

‘‘(e)(1) A certificate of documentation for a vessel may be

endorsed with a coastwise endorsement if—

‘‘(A) the vessel is eligible for documentation;

‘‘(B) the person that owns the vessel, a parent entity of

that person, or a subsidiary of a parent entity of that person,

is primarily engaged in leasing or other financing transactions;

‘‘(C) the vessel is under a demise charter to a person

that certifies to the Secretary that the person is 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 a period of at least 3 years

or a shorter period as may be prescribed by the Secretary;

and

‘‘(E) the vessel is otherwise eligible for documentation under

this section.

‘‘(2) The demise charter and any amendments to that charter

shall be filed with the certificate required by this subsection, or

within 10 days following the filing of an amendment to the charter,

and such charter and amendments shall be made available to

the public.

‘‘(3) Upon termination by a demise charterer required under

paragraph (1)(C), 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 such terms and conditions as the Secretary may

prescribe.

‘‘(4) For purposes of section 2 of the Shipping Act, 1916, and

section 12102(a) of this title, a vessel meeting the criteria of this

subsection is deemed to be owned exclusively by citizens of the

United States.’’.

(e) CONFORMING AMENDMENT.—Section 9(c) of the Shipping

Act, 1916, as amended (46 App. U.S.C. 808(c)) is amended by

striking ‘‘sections 31322(a)(1)(D)’’ and inserting ‘‘sections 12106(e),

31322(a)(1)(D),’’.

(f) STUDY AND REPORT.—

(1) STUDY.—The Secretary of Transportation shall conduct

a study of the methods for leasing, demise chartering, and

financing of vessels operating in the coastal trades of other

countries and whether the laws of other countries provide reciprocity for United States banks, leasing companies, or other

financial institutions with respect to the rights granted under

the amendment made by subsection (d). The study shall develop

recommendations whether additional laws requiring reciprocity

should be considered for non-United States banks, leasing

companies, or other financial institutions.

(2) REPORT.—The Secretary shall submit to the Congress

a report 1 year after the date of enactment of this Act of

the results of the study required under paragraph (1), including

recommendations developed in the study.

SEC. 1114. MANNING AND WATCH REQUIREMENTS ON TOWING VESSELS ON THE GREAT LAKES.

(a) Section 8104(c) of title 46, United States Code, is amended—

46 USC 12106

note.
110 STAT. 3972 PUBLIC LAW 104–324—OCT. 19, 1996

(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. 1115. REPEAL OF GREAT LAKES ENDORSEMENTS.

(a) REPEAL.—Section 12107 of title 46, United States Code,

is repealed.

(b) CONFORMING AMENDMENTS.— (1) The analysis at the beginning of chapter 121 of title

46, United States Code, is amended by striking the item relating to section 12107.

(2) Section 12101(b)(3) of title 46, United States Code,

is repealed.

(3) Section 4370(a) of the Revised Statutes of the United

States (46 App. U.S.C. 316(a)) is amended by striking ‘‘or

12107’’.

(4) Section 2793 of the Revised Statutes of the United

States (46 App. U.S.C. 111, 123) is amended—

(A) by striking ‘‘coastwise, Great Lakes endorsement’’

and all that follows through ‘‘foreign ports,’’ and inserting

‘‘registry endorsement, engaged in foreign trade on the

Great Lakes or their tributary or connecting waters in

trade with Canada,’’; and

(B) by striking ‘‘, as if from or to foreign ports’’.

(5) Section 9302(a)(1) of title 46, United States Code, is

amended by striking ‘‘subsections (d) and (e)’’ and inserting

‘‘subsections (d), (e), and (f)’’.

(6) Section 9302(e) of title 46, United States Code, is

amended by striking ‘‘subsections (a) and (b)’’ and inserting

‘‘subsection (a)’’.

(7) Section 9302 of title 46, United States Code, is amended

by adding at the end the following new subsection:

‘‘(f) A documented vessel regularly operating on the Great Lakes

or between ports on the Great Lakes and the St. Lawrence River

is exempt from the requirements of subsection (a) of this section.’’.

SEC. 1116. RELIEF FROM UNITED STATES DOCUMENTATION REQUIREMENTS.

(a) IN GENERAL.—Notwithstanding any other law or any agreement with the United States Government, a vessel described in

subsection (b) may be transferred to or placed under a foreign

registry or sold to a person that is not a citizen of the United

States and transferred to or placed under a foreign registry.

(b) VESSELS DESCRIBED.—The vessels referred to in subsection

(a) are the following:

(1) MV PLATTE (United States official number 653210).

(2) SOUTHERN (United States official number 591902).

(3) ARZEW (United States official number 598727).

(4) LAKE CHARLES (United States official number

619531).

(5) LOUISIANA (United States official number 619532).

(6) GAMMA (United States official number 598730).

19 USC 288.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3973

(7) BAY RIDGE (United States official number 600128).

(8) COASTAL GOLDEN (United States official number

598731).

SEC. 1117. USE OF FOREIGN REGISTRY OIL SPILL RESPONSE VESSELS.

Notwithstanding any other provision of law, an oil spill

response vessel documented under the laws of a foreign country

may operate in waters of the United States on an emergency

and temporary basis, for the purpose of recovering, transporting,

and unloading in a United States port oil discharged as a result

of an oil spill in or near those waters, if—

(1) an adequate number and type of oil spill response

vessels documented under the laws of the United States cannot

be engaged to recover oil from an oil spill in or near those

waters in a timely manner, as determined by the Federal

On-Scene Coordinator for a discharge or threat of a discharge

of oil; and

(2) that foreign country has by its laws accorded to vessels

of the United States the same privileges accorded to vessels

of that foreign country under this section.

SEC. 1118. 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 for pleasure.’’.

SEC. 1119. 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. 1120. DOCUMENTATION OF CERTAIN VESSELS.

(a) GENERAL CERTIFICATES.—Notwithstanding sections 12106,

12107, and 12108 of title 46, United States Code, section 8 of

the Act of June 19, 1886 (24 Stat. 81; chapter 421; 46 App. U.S.C.

289), and section 27 of the Merchant Marine Act, 1920 (46 App.

U.S.C. 883), as applicable on the date of enactment of this Act,

the Secretary of Transportation may issue a certificate of documentation with appropriate endorsement for employment in the

coastwise trade for the following vessels:

(1) ABORIGINAL (United States official number 942118).

(2) ALPHA TANGO (United States official number 945782).

(3) ANNAPOLIS (United States official number 999008).

(4) ARK (United States official number 912726).

(5) AURA (United States official number 1027807).

(6) BABS (United States official number 1030028).

(7) BAGGER (State of Hawaii registration number

HA1809E).

(8) BAREFOOT’N (United States official number 619766).

(9) BARGE 76 (United States official number 1030612).

(10) BARGE 77 (United States official number 1030613).

(11) BARGE 78 (United States official number 1030614).

(12) BARGE 100 (United States official number 1030615).

(13) BEACON (United States official number 501539).

Regulations.

46 USC 12101

note.
110 STAT. 3974 PUBLIC LAW 104–324—OCT. 19, 1996

(14) BEAR (United States official number 695002).

(15) BEULA LEE (United States official number 928211).

(16) BEWILDERED (United States official number 902354).

(17) BIG DAD (United States official number 565022).

(18) BILLY BUCK (United States official number 939064).

(19) BROKEN PROMISE (United States official number

904435).

(20) CAPTAIN DARYL (United States official number

580125).

(21) CAROLYN (State of Tennessee registration number

TN1765C).

(22) CHARLOTTE (State of Maryland certification number

MD1397AM).

(23) CHESAPEAKE (United States official number 999010).

(24) CHRISSY (State of Maine registration certification

number ME4778B).

(25) COLT INTERNATIONAL (United States official number 913637).

(26) CONSORT (United States official number 999005).

(27) CONSORTIUM (British registration number 303328).

(28) COURIER SERVICE (Vanuatu registration number

688).

(29) CURTIS BAY (United States official number 999007).

(30) DAMN YANKEE (United States official number

263611).

(31) DANTE (United States official number 556188).

(32) DELTA KING (United States official number 225874).

(33) DORDY III (United States official number 286553).

(34) DRAGONESSA (United States official number

646512).

(35) EAGLE MAR (United States official number 575349).

(36) EMERALD AYES (United States official number

986099)

(37) EMMA (United States official number 946449).

(38) EMPRESS (United States official number 975018).

(39) ENDEAVOUR (United States official number 947869).

(40) EVENING STAR (State of Hawaii registration number

HA8337D).

(41) EXPLORER (United States official number 918080).

(42) EXTREME (United States official number 1022278).

(43) EXUBERANCE (United States official number

698516).

(44) FIFTY ONE (United States official number 1020419).

(45) FINESSE (State of Florida registration number 7148).

(46) FOCUS (United States official number 909293).

(47) FREJA VIKING (Danish registration number A395).

(48) 3 barges owned by the Harbor Maine Corporation

(a corporation organized under the laws of the State of Rhode

Island) and referred to by that company as Harbor 221, Harbor

223, and Gene Elizabeth.

(49) GIBRALTAR (United States official number 668634).

(50) GLEAM (United States official number 921594).

(51) GOD’S GRACE II (State of Alaska registration number

AK5916B).

(52) HALCYON (United States official number 690219).

(53) HAMPTON ROADS (United States official number

999009).
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3975

(54) HERCO TYME (United States official number 911599).

(55) HER WEIGH (United States official number 919074).

(56) HIGH HOPES (United States official number 935174).

(57) HIGH HOPES II (United States official number

959439).

(58) HOPTOAD (Hull Identification number 528162 NET

12).

(59) HOT WATER (United States official number 965985).

(60) IDUN VIKING (Danish registration number A433).

(61) INTREPID (United States official number 508185).

(62) ISABELLE (United States official number 600655).

(63) ISLAND STAR (United States official number 673537).

(64) JAJO (Hull ID number R1Z200207H280).

(65) JAMESTOWN (United States official number 999006).

(66) JIVE DEVIL (United States official number 685348).

(67) JOAN MARIE (State of North Carolina registration

number NC2319AV).

(68) KALYPSO (United States official number 566349).

(69) KARMA (United States official number 661709).

(70) LADY HAWK (United States official number 961095).

(71) LIBERTY (United States official number 375248).

(72) LIV VIKING (Danish registration number A394).

(73) M/V MARION C II (United States official number

570892).

(74) MAGIC CARPET (United States official number

278971).

(75) MAGIC MOMENTS (United States official number

653689).

(76) MADRINE (United States official number 663842).

(77) MARALINDA (State of Florida registration number

C023203–97).

(78) MARANTHA (United States official number 638787).

(79) MARSH GRASS II (Hull ID number

AUKEV51139K690).

(80) MEMORY MAKER (Hull No 3151059, State of Maryland registration number MD8867AW).

(81) MOONRAKER (United States official number 645981).

(82) MORGAN (State of Ohio registration number OH–

0358–EA).

(83) MOVIN ON (United States official number 585100).

(84) MY LITTLE SHIP (State of Washington registration

number WN9979MF5).

(85) NAMASTE (United States official number 594472).

(86) OLD HAT (United States official number 508299).

(87) ONRUST (United States official number 515058).

(88) PAUL JOHANSEN (United States official number

1033607).

(89) PHOENIX (United States official number 940997).

(90) PLAY HARD (State of North Carolina registration

number NC1083CE).

(91) POLICY MAKER III (United States official number

569223).

(92) PRIME TIME (United States official number 660944).

(93) QUIET SQUAW (United States official number

998717).

(94) QUIETLY (United States official number 658315).
110 STAT. 3976 PUBLIC LAW 104–324—OCT. 19, 1996

(95) QUINTESSENCE (United States official number

934393).

(96) RAFFLES LIGHT (United States official number

501584).

(97) RAINBOW’S END (United States official number

1026899; Hull ID number MY13708C787).

(98) RATTLESNAKE (Canadian registration number

802702).

(99) REEL TOY (United States official number 698383).

(100) RELENTLESS (United States official number

287008).

(101) 2 barges owned by Roen Salvage (a corporation organized under the laws of the State of Wisconsin) and numbered

by that company as barge 103 and barge 203.

(102) ROYAL AFFAIRE (United States official number

649292).

(103) SALLIE D (State of Maryland registration number

MD2655A).

(104) SARAH-CHRISTEN (United States official number

342195).

(105) SEA MISTRESS (United States official number

696806).

(106) SEA SISTER (United States official number 951817).

(107) SERENITY (United States official number 1021393).

(108) SHAKA MARU (United States official number

983176).

(109) SHAMROCK V (United States official number

900936).

(110) SHOGUN (United States official number 577839).

(111) SISU (United States official number 293648).

(112) SMALLEY (6808 Amphibious Dredge: State of Florida

registration number FL1855FF).

(113) SNOW HAWK (United States official number 955–

637).

(114) SOUTHERN CRUZ (United States official number

556797).

(115) SUNDOWN (United States official number 293434).

(116) SUNRISE (United States official number 950381).

(117) TECUMSEH (United States official number 668633).

(118) THE SUMMER WIND (United States official number

905819).

(119) TIVOLI (United States official number 582516).

(120) TOO MUCH FUN (United States official number

936565).

(121) TOP GUN (United States official number 623642).

(122) TRIAD (United States official number 988602).

(123) TWO CAN (United States official number 932361).

(124) VICTORIA CLIPPER II (United States official number 725338).

(125) WATERFRONT PROPERTY (United States official

number 987686).

(126) WESTFJORD (Hull ID number X–53–109).

(127) WESTERN ATLANTIC (Panamanian registration

number 10484–80–CEO).

(128) WHITE WING (United States official number

283818).

(129) WHY KNOT (United States official number 688570).
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3977

(130) WOLF GANG II (United States official number

984934).

(131) YES DEAR (United States official number 578550).

(132) Former United States military vessels, as follows:

(A) LACV–30 hovercraft hulls numbered 1 through

26.

(B) AP–188 hovercraft hulls numbered 8701 and 8901.

For the purposes of chapter 121 of title 46, United States

Code, and section 27 of the Merchant Marine Act, 1920 (46

App. U.S.C. 883), the engine twin paks, the thrust and lift

engines, and all spare parts, appurtenances, and accessories

transferred by the United States with the vessels referred

to in this paragraph are deemed to have been built in the

United States.

(b) M/V TWIN DRILL.—Section 601(d) of the Coast Guard

Authorization Act of 1993 (Public Law 103–206) is amended—

(1) in paragraph (3) by striking ‘‘June 30, 1995’’ and inserting ‘‘June 30, 1998’’; and

(2) in paragraph (4)—

(A) by striking ‘‘12 months’’ and inserting ‘‘36 months’’;

and

(B) by inserting ‘‘or convert under the same terms

and conditions as provided in paragraphs (1) and (2)’’ after

‘‘construct’’; and

(3) in paragraph (5) by striking ‘‘constructed’’ and inserting

‘‘delivered’’.

(c) CERTIFICATES OF DOCUMENTATION FOR GALLANT LADY.—

(1) IN GENERAL.—Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), section 8 of

the Act of June 19, 1886 (24 Stat. 81, chapter 421; 46 App.

U.S.C. 289), and section 12106 of title 46, United States Code,

and subject to paragraph (2), the Secretary of Transportation

may issue a certificate of documentation with an appropriate

endorsement for employment in coastwise trade for each of

the following vessels:

(A) GALLANT LADY (Feadship hull number 645,

approximately 130 feet in length).

(B) GALLANT LADY (Feadship hull number 651,

approximately 172 feet in length).

(2) LIMITATION ON OPERATION.—Coastwise trade authorized

under a certificate of documentation issued for a vessel under

this section shall be limited to the carriage of passengers in

association with contributions to charitable organizations no

portion of which is received, directly or indirectly, by the owner

of the vessel.

(3) CONDITION.—The Secretary may not issue a certificate

of documentation for a vessel under paragraph (1) unless, not

later than 90 days after the date of enactment of this Act,

the owner of the vessel referred to in paragraph (1)(B) submits

to the Secretary a letter expressing the intent of the owner

to, before April 1, 1998, enter into a contract for the construction in the United States of a passenger vessel of at least

130 feet in length.

(4) EFFECTIVE DATE OF CERTIFICATES.—A certificate of documentation issued under paragraph (1) shall take effect—

(A) for the vessel referred to in paragraph (1)(A), on

the date of the issuance of the certificate; and

107 Stat. 2443.
110 STAT. 3978 PUBLIC LAW 104–324—OCT. 19, 1996

(B) for the vessel referred to in paragraph (1)(B), on

the date of delivery of the vessel to the owner.

(5) TERMINATION OF EFFECTIVENESS OF CERTIFICATES.—A

certificate of documentation issued for a vessel under paragraph

(1) shall expire—

(A) on the date of the sale of the vessel by the owner;

(B) on April 1, 1998, if the owner of the vessel referred

to in paragraph (1)(B) has not entered into a contract

for construction of a vessel in accordance with the letter

of intent submitted to the Secretary under paragraph (3);

or

(C) on such date as a contract referred to in paragraph

(2) is breached, rescinded, or terminated (other than for

completion of performance of the contract) by the owner

of the vessel referred to in paragraph (1)(B).

(d) CERTIFICATES OF DOCUMENTATION FOR ENCHANTED ISLE

AND ENCHANTED SEAS.—Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), the Act of June

19, 1886 (46 App. U.S.C. 289), section 12106 of title 46, United

States Code, section 506 of the Merchant Marine Act, 1936 (46

App. U.S.C. 1156), and any agreement with the United States

Government, the Secretary of Transportation may issue certificates

of documentation with a coastwise endorsement for the vessels

ENCHANTED ISLE (Panamanian official number 14087–84B) and

ENCHANTED SEAS (Panamanian official number 14064–84D),

except that the vessels may not operate between or among islands

in the State of Hawaii.

(e) EXCEPTION TO CHAIN OF TITLE RESTRICTION.—Section 27

of the Merchant Marine Act, 1920 (46 App. U.S.C. 883) is amended

in the first proviso after ‘‘no vessel’’ by inserting ‘‘of more than

200 gross tons (as measured under chapter 143 of title 46, United

States Code)’’.

(f) CERTIFICATE OF DOCUMENTATION FOR A LIQUIFIED GAS

TANKER.—Notwithstanding section 27 of the Merchant Marine Act,

1920 (46 App. U.S.C. 883), section 12106 of title 46, United States

Code, section 506 of the Merchant Marine Act, 1936 (46 App.

U.S.C. 1156) and any agreement with the United States Government, the Secretary of Transportation may issue a certificate of

documentation with a coastwise endorsement for a vessel to transport liquified natural gas or liquified petroleum gas to the Commonwealth of Puerto Rico from other ports in the United States, if

the vessel—

(1) is a foreign built vessel that was built prior to the

date of enactment of this Act; or

(2) is documented under chapter 121 of title 46, United

States Code, before the date of enactment of this Act, even

if the vessel is placed under a foreign registry and subsequently

redocumented under that chapter for operation under this section.

(g) VESSELS DEEMED CONSTRUCTED IN UNITED STATES.—Notwithstanding any other provision of law, the coastwise qualified

vessels COASTAL SEA (United States official number 666754),

COASTAL NOMAD (United States official number 686157), and

COASTAL MERCHANT (United States official number 1038382)

are deemed to have been constructed in the United States as

of the date of their original delivery.

46 USC 883 note.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3979

(h) LIMITED WAIVER FOR THE TUG MV JANIS GUZZLE.—Notwithstanding any other law or any agreement with the United States

Government, the tug MV JANIS GUZZLE (ex-G.R. MOIR; United

States official number 608018) may be permanently operated in

the domestic trade of the United States upon the repayment of

$1,140,619 to the Secretary of Transportation.

(i) REGENT RAINBOW.—Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), section 8 of the

Act of June 19, 1886 (46 App. U.S.C. 289), section 12106 of title

46, United States Code, section 506 of the Merchant Marine Act,

1936 (46 App. U.S.C. 1156), and any agreement with the United

States Government, the Secretary of Transportation may issue a

certificate of documentation with appropriate endorsement for

employment in the coastwise trade for the vessel REGENT RAINBOW (Bahamas official number 715557), after the completion of

the sale of the REGENT RAINBOW to an operator of another

passenger vessel measuring more that 20,000 gross tons that on

the day before the date of the enactment of this Act is in operation

with a coastwise endorsement.

(j) MILITARY HOVERCRAFT.—Notwithstanding any other provision of law, the Administrator of General Services shall waive

all conditions and restrictions relating to transfer or use of the

property described in subsection (a)(132) (including the engine twin

paks, the thrust and lift engines, and all spare parts, appurtenances,

and accessories referred to in that subsection) and shall transfer

unconditional and unrestricted title to all such property to the

recipient eligible donee.

SEC. 1121. VESSEL DEEMED TO BE A RECREATIONAL VESSEL.

(a) IN GENERAL.—The vessel described in subsection (b) is

deemed for all purposes, including title 46, United States Code,

and all regulations thereunder, to be a recreational vessel of less

than 300 gross tons, if—

(1) it does not carry cargo or passengers for hire; and

(2) it does not engage in commercial fisheries or oceanographic research.

(b) VESSEL DESCRIBED.—The vessel referred to in subsection

(a) is an approximately 96 meter twin screw motor yacht, the

construction of which commenced in October, 1993, and that has

been assigned the builder’s number 13583 (to be named the LIMITLESS).

SEC. 1122. SMALL PASSENGER VESSEL PILOT INSPECTION PROGRAM

WITH THE STATE OF MINNESOTA.

(a) IN GENERAL.—The Secretary may enter into an agreement

with the State under which the State may inspect small passenger

vessels operating in waters of that State designated by the Secretary, if—

(1) the State plan for the inspection of small passenger

vessels meets such requirements as the Secretary may require

to ensure the safety and operation of such vessels in accordance

with the standards that would apply if the Coast Guard were

inspecting such vessels; and

(2) the State will provide such information obtained

through the inspection program to the Secretary annually in

such form and in such detail as the Secretary may require.

(b) FEES.—The Secretary may adjust or waive the user fee

imposed under section 3317 of title 46, United States Code, for

46 USC 3301

note.
110 STAT. 3980 PUBLIC LAW 104–324—OCT. 19, 1996

the inspection of small passenger vessels inspected under the State

program.

(c) TERMINATION.—The authority provided by subsection (a)

terminates on December 31, 1999.

(d) DEFINITIONS.—For purposes of this section—

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the department in which the Coast Guard is operating.

(2) STATE.—The term ‘‘State’’ means the State of Minnesota.

(3) SMALL PASSENGER VESSEL.—The term ‘‘small passenger

vessel’’ means a small passenger vessel (as defined in section

2101(35) of title 46, United States Code) of not more than

40 feet overall in length.

SEC. 1123. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

FISHING.

Section 8103(i)(1) of title 46, United States Code, is amended—

(1) by striking ‘‘or’’ in subparagraph (B);

(2) by striking the period at the end of subparagraph (C)

and inserting a semicolon and ‘‘or’’; and

(3) by adding at the end thereof the following:

‘‘(D) an alien allowed to be employed under the immigration

laws of the Commonwealth of the Northern Mariana Islands

if the vessel is permanently stationed at a port within the

Commonwealth and the vessel is engaged in the fisheries within

the exclusive economic zone surrounding the Commonwealth

or another United States territory or possession.’’.

SEC. 1124. 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—

‘‘(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,
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3981

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. 1125. OFFSHORE FACILITY FINANCIAL RESPONSIBILITY

REQUIREMENTS.

(a) AMOUNT OF FINANCIAL RESPONSIBILITY.—Section 1016 of

the Oil Pollution Act of 1990 (33 U.S.C. 2716) is amended—

(1) by amending subsection (c)(1) to read as follows:

‘‘(1) IN GENERAL.—

‘‘(A) EVIDENCE OF FINANCIAL RESPONSIBILITY

REQUIRED.—Except as provided in paragraph (2), a responsible party with respect to an offshore facility that—

‘‘(i)(I) is 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; or

‘‘(II) is located in coastal inland waters, such as

bays or estuaries, seaward of the line of ordinary low

water along that portion of the coast that is not in

direct contact with the open sea;

‘‘(ii) is used for exploring for, drilling for, producing, or transporting oil from facilities engaged in oil

exploration, drilling, or production; and

‘‘(iii) has a worst-case oil spill discharge potential

of more than 1,000 barrels of oil (or a lesser amount

if the President determines that the risks posed by

such facility justify it),

shall establish and maintain evidence of financial responsibility in the amount required under subparagraph (B)

or (C), as applicable.

‘‘(B) AMOUNT REQUIRED GENERALLY.—Except as provided in subparagraph (C), the amount of financial responsibility for offshore facilities that meet the criteria of

subparagraph (A) is—

‘‘(i) $35,000,000 for an offshore facility located seaward of the seaward boundary of a State; or

‘‘(ii) $10,000,000 for an offshore facility located

landward of the seaward boundary of a State.

‘‘(C) GREATER AMOUNT.—If the President determines

that an amount of financial responsibility for a responsible

46 USC 31325

note.
110 STAT. 3982 PUBLIC LAW 104–324—OCT. 19, 1996

party greater than the amount required by subparagraph

(B) is justified based on the relative operational, environmental, human health, and other risks posed by the quantity or quality of oil that is explored for, drilled for, produced, or transported by the responsible party, the evidence

of financial responsibility required shall be for an amount

determined by the President not exceeding $150,000,000.

‘‘(D) MULTIPLE FACILITIES.—In a case in which a person

is a responsible party 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) DEFINITION.—For the purpose of this paragraph,

the seaward boundary of a State shall be determined in

accordance with section 2(b) of the Submerged Lands Act

(43 U.S.C. 1301(b)).’’;

(2) by amending subsection (f) to read as follows:

‘‘(f) CLAIMS AGAINST GUARANTOR.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), a claim for

which liability may be established under section 1002 may

be asserted directly against any guarantor providing evidence

of financial responsibility for a responsible party liable under

that section for removal costs and damages to which the claim

pertains. In defending against such a claim, the guarantor

may invoke—

‘‘(A) all rights and defenses which would be available

to the responsible party under this Act;

‘‘(B) any defense authorized under subsection (e); and

‘‘(C) the defense that the incident was caused by the

willful misconduct of the responsible party.

The guarantor may not invoke any other defense that might

be available in proceedings brought by the responsible party

against the guarantor.

‘‘(2) FURTHER REQUIREMENT.—A claim may be asserted

pursuant to paragraph (1) directly against a guarantor providing evidence of financial responsibility under subsection (c)(1)

with respect to an offshore facility only if—

‘‘(A) the responsible party for whom evidence of financial responsibility has been provided has denied or failed

to pay a claim under this Act on the basis of being insolvent, as defined under section 101(32) of title 11, United

States Code, and applying generally accepted accounting

principles;

‘‘(B) the responsible party for whom evidence of financial responsibility has been provided has filed a petition

for bankruptcy under title 11, United States Code; or

‘‘(C) the claim is asserted by the United States for

removal costs and damages or for compensation paid by

the Fund under this Act, including costs incurred by the

Fund for processing compensation claims.

‘‘(3) RULEMAKING AUTHORITY.—Not later than 1 year after

the date of enactment of this paragraph, the President shall

promulgate regulations to establish a process for implementing

paragraph (2) in a manner that will allow for the orderly

and expeditious presentation and resolution of claims and effectuate the purposes of this Act.’’; and

President.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3983

(3) by amending subsection (g) to read as follows:

‘‘(g) LIMITATION ON GUARANTOR’S LIABILITY.—Nothing in this

Act shall impose liability with respect to an incident on any guarantor for damages or removal costs which exceed, in the aggregate,

the amount of financial responsibility which that guarantor has

provided for a responsible party pursuant to this section. The total

liability of the guarantor on direct action for claims brought under

this Act with respect to an incident shall be limited to that

amount.’’.

(b) LIMITATION ON APPLICATION.—The amendment made by

subsection (a)(2) shall not apply to any final rule issued before

the date of enactment of this section.

SEC. 1126. DEAUTHORIZATION OF NAVIGATION PROJECT, COHASSET

HARBOR, MASSACHUSETTS.

The following portions of the project for navigation, Cohasset

Harbor, Massachusetts, authorized by section 2 of the Act entitled

‘‘An Act authorizing the construction, repair, and preservation of

certain public works on rivers and harbors, and for other purposes’’,

approved March 2, 1945 (59 Stat. 12), or carried out pursuant

to section 107 of the River and Harbor Act of 1960 (33 U.S.C.

577), are deauthorized: A 7-foot deep anchorage and a 6-foot deep

anchorage; beginning at site 1, starting at a point N453510.15,

E792664.63, thence running south 53 degrees 07 minutes 05.4

seconds west 307.00 feet to a point N453325.90, E792419.07, thence

running north 57 degrees 56 minutes 36.8 seconds west 201.00

feet to a point N453432.58, E792248.72, thence running south 88

degrees 57 minutes 25.6 seconds west 50.00 feet to a point

N453431.67, E792198.73, thence running north 01 degree 02 minutes 52.3 seconds west 66.71 feet to a point N453498.37,

E792197.51, thence running north 69 degrees 12 minutes 52.3

seconds east 332.32 feet to a point N453616.30, E792508.20, thence

running south 55 degrees 50 minutes 24.1 seconds east 189.05

feet to point of origin; then site 2, starting at a point, N452886.64,

E791287.83, thence running south 00 degrees 00 minutes 00.0

seconds west 56.04 feet to a point, N452830.60, E791287.83, thence

running north 90 degrees 00 minutes 00.0 seconds west 101.92

feet to a point, N452830.60, E791185.91, thence running north

52 degrees 12 minutes 49.7 seconds east 89.42 feet to a point,

N452885.39, E791256.58, thence running north 87 degrees 42 minutes 33.8 seconds east 31.28 feet to point of origin; and site 3,

starting at a point, N452261.08, E792040.24, thence running north

89 degrees 07 minutes 19.5 seconds east 118.78 feet to a point,

N452262.90, E792159.01, thence running south 43 degrees 39 minutes 06.8 seconds west 40.27 feet to a point, N452233.76,

E792131.21, thence running north 74 degrees 33 minutes 29.1

seconds west 94.42 feet to a point, N452258.90, E792040.20, thence

running north 01 degree 03 minutes 04.3 seconds east 2.18 feet

to point of origin.

SEC. 1127. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.

(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD- UCTS.—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

14 USC 92 note.

33 USC 2716

note.
110 STAT. 3984 PUBLIC LAW 104–324—OCT. 19, 1996

to each recipient of the assistance a notice describing the statement

made in subsection (a) by the Congress.

SEC. 1128. REQUIREMENT FOR PROCUREMENT OF BUOY CHAIN.

(a) REQUIREMENT.—Chapter 5 of title 14, United States Code,

as amended by section 311 of this Act, is further amended by

adding at the end the following:

‘‘§ 97. Procurement of buoy chain

‘‘(a) Except as provided in subsection (b), the Coast Guard

may not procure buoy chain—

‘‘(1) that is not manufactured in the United States; or

‘‘(2) substantially all of the components of which are not

produced or manufactured in the United States.

‘‘(b) The Coast Guard may procure buoy chain that is not

manufactured in the United States if the Secretary determines

that—

‘‘(1) the price of buoy chain manufactured in the United

States is unreasonable; or

‘‘(2) emergency circumstances exist.’’.

(b) CLERICAL AMENDMENT.—The table of sections for chapter

5 of title 14, United States Code, as amended by section 311

of this Act, is further amended by adding at the end the following:

‘‘97. Procurement of buoy chain.’’.

SEC. 1129. CRUISE SHIP LIABILITY.

(a) APPLICABILITY OF STATUTORY LIMITATIONS.—Section 4283

of the Revised Statutes (46 App. U.S.C. 183) is amended by adding

at the end the following new subsection:

‘‘(g) In a suit by any person in which the operator or owner

of a vessel or employer of a crewmember is claimed to have vicarious

liability for medical malpractice with regard to a crewmember occurring at a shoreside facility, and to the extent the damages resulted

from the conduct of any shoreside doctor, hospital, medical facility,

or other health care provider, such operator, owner, or employer

shall be entitled to rely upon any and all statutory limitations

of liability applicable to the doctor, hospital, medical facility, or

other health care provider in the State of the United States in

which the shoreside medical care was provided.’’.

(b) CONTRACT LIMITATIONS ALLOWED.—Section 4283b of the

Revised Statutes of the United States (46 App. U.S.C. 183c) is

amended by redesignating the existing text as subsection (a) and

by adding at the end the following new subsection:

‘‘(b)(1) Subsection (a) shall not prohibit provisions or limitations

in contracts, agreements, or ticket conditions of carriage with passengers which relieve a crewmember, manager, agent, master,

owner, or operator of a vessel from liability for infliction of emotional

distress, mental suffering, or psychological injury so long as such

provisions or limitations do not limit such liability if the emotional

distress, mental suffering, or psychological injury was—

‘‘(A) the result of physical injury to the claimant caused

by the negligence or fault of a crewmember or the manager,

agent, master, owner, or operator;

‘‘(B) the result of the claimant having been at actual risk

of physical injury, and such risk was caused by the negligence

or fault of a crewmember or the manager, agent, master, owner,

or operator; or
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3985

‘‘(C) intentionally inflicted by a crewmember or the manager, agent, master, owner, or operator.

‘‘(2) Nothing in this subsection is intended to limit the liability

of a crewmember or the manager, agent, master, owner, or operator

of a vessel in a case involving sexual harassment, sexual assault,

or rape.’’.

SEC. 1130. SENSE OF CONGRESS ON THE IMPLEMENTATION OF REGULATIONS REGARDING ANIMAL FATS AND VEGETABLE

OILS.

(a) SENSE OF CONGRESS.—It is the sense of Congress that,

in an effort to reduce unnecessary regulatory burdens, a regulation

issued or enforced and an interpretation or guideline established

pursuant to Public Law 104–55 should in any manner possible

recognize and provide for the differences in the physical, chemical,

biological, and other properties, and in the environmental effects,

of the classes of fats, oils, and greases described under that law.

(b) REPORT.—Within 60 days after the date of enactment of

this section and on January 1 of each year thereafter, the Secretary

of Transportation shall submit a report to Congress on the extent

to which the implementation by the United States Coast Guard

of regulations issued or enforced, or interpretations or guidelines

established, pursuant to Public Law 104–55, carry out the intent

of Congress and recognize and provide for the differences in the

physical, chemical, biological, and other properties, and in the

environmental effects, of the classes of fats, oils, and greases

described under that law.

SEC. 1131. TERM OF DIRECTOR OF THE BUREAU OF TRANSPORTATION

STATISTICS.

Section 111(b)(4) of title 49, United States Code, is amended

by adding at the end the following sentence: ‘‘The Director may

continue to serve after the expiration of the term until a successor

is appointed and confirmed.’’.

SEC. 1132. WAIVER OF CERTAIN REQUIREMENTS FOR HISTORIC

FORMER PRESIDENTIAL YACHT SEQUOIA.

The vessel M/V SEQUOIA (United States official number

225115) is deemed to be less than 100 gross tons, and the Secretary

of Transportation may exempt that vessel from certain requirements

of section 3306 of title 46, United States Code, and the regulations

thereunder. The Secretary may impose special operating restrictions

on that vessel as to route, service, manning, and equipment, necessary for the safe operation of that vessel.

SEC. 1133. VESSEL REQUIREMENTS.

Section 3503(a) of title 46, United States Code, is amended

by striking the last sentence and inserting in lieu thereof the

following: ‘‘Before November 1, 2008, this section does not apply

to any vessel in operation before January 1, 1968, and operating

only within the Boundary Line.’’.

SEC. 1134. EXISTING TANK VESSEL RESEARCH.

(a) FUNDING.—The Secretary of Transportation shall take steps

to allocate funds appropriated for research, development, testing,

and evaluation, including the combination of funds from any source

available and authorized for this purpose, to ensure that any

Government-sponsored project intended to evaluate double hull

46 USC 3703

note.

33 USC 2720

note.
110 STAT. 3986 PUBLIC LAW 104–324—OCT. 19, 1996

alternatives that provide equal or greater protection to the marine

environment, or interim solutions to remediate potential environmental damage resulting from oil spills from existing tank vessels,

commenced prior to the date of enactment of this section, is fully

funded for completion by the end of fiscal year 1997. Any vessel

construction or repair necessary to carry out the purpose of this

section must be performed in a shipyard located in the United

States.

(b) USE OF PUBLIC VESSELS.—The Secretary may provide vessels owned by, or demise chartered to, and operated by the Government and not engaged in commercial service, without reimbursement, for use in and the support of projects sponsored by the

Government for research, development, testing, evaluation, and

demonstration of new or improved technologies that are effective

in preventing or mitigating oil discharges and protecting the

environment.

SEC. 1135. PLAN FOR THE ENGINEERING, DESIGN, AND RETROFITTING OF THE ICEBREAKER MACKINAW.

(a) IN GENERAL.—Not later than May 1, 1997, the Secretary

of the department in which the Coast Guard is operating shall

submit to the Committees a plan and cost estimate for the engineering, design, and retrofitting of the icebreaker MACKINAW (WAGB–

83) to equip the vessel with new engines, command and control

features, habitability improvements, and other features needed to

allow operation of the vessel by a significantly reduced crew, including 24-hour continuous operation when necessary.

(b) COMMITTEES DEFINED.—In subsection (a), the term

‘‘Committees’’ means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on

Commerce, Science, and Transportation of the Senate.

SEC. 1136. CROSS-BORDER FINANCING.

(a) DOCUMENTATION OF VESSELS OWNED BY TRUSTS.—Section

12102 of title 46, United States Code, is amended by adding at

the end the following new subsection:

‘‘(d)(1) For the issuance of a certificate of documentation with

only a registry endorsement, subsection (a)(2)(A) of this section

does not apply to a beneficiary of a trust that is qualified under

paragraph (2) of this subsection if the vessel is subject to a charter

to a citizen of the United States.

‘‘(2)(A) Subject to subparagraph (B) of this paragraph, a trust

is qualified under this paragraph with respect to a vessel only

if—

‘‘(i) each of the trustees is a citizen of the United States;

and

‘‘(ii) the application for documentation of the vessel includes

the affidavit of each trustee stating that the trustee is not

aware of any reason involving a beneficiary of the trust that

is not a citizen of the United States, or involving any other

person that is not a citizen of the United States, as a result

of which the beneficiary or other person would hold more than

25 percent of the aggregate power to influence or limit the

exercise of the authority of the trustee with respect to matters

involving any ownership or operation of the vessel that may

adversely affect the interests of the United States.

‘‘(B) If any person that is not a citizen of the United States

has authority to direct or participate in directing a trustee for
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3987

a trust in matters involving any ownership or operation of the

vessel that may adversely affect the interests of the United States

or in removing a trustee for a trust without cause, either directly

or indirectly through the control of another person, the trust is

not qualified under this paragraph unless the trust instrument

provides that persons who are not citizens of the United States

may not hold more than 25 percent of the aggregate authority

to so direct or remove a trustee.

‘‘(3) Paragraph (2) of this subsection shall not be considered

to prohibit a person who is not a citizen of the United States

from holding more than 25 percent of the beneficial interest in

a trust.

‘‘(4) If a person chartering a vessel from a trust that is qualified

under paragraph (2) of this subsection is a citizen of the United

States under section 2 of the Shipping Act, 1916 (46 App. U.S.C.

802), then the vessel is deemed to be owned by a citizen of the

United States for purposes of that section and related laws, except

for subtitle B of title VI of the Merchant Marine Act, 1936.’’.

(b) APPROVAL OF CERTAIN VESSEL TRANSACTIONS BEFORE DOCUMENTATION OF THE VESSEL.—Section 9 of the Shipping Act, 1916

(46 App. U.S.C. 808) is amended by adding at the end the following

new subsection:

‘‘(e) To promote financing with respect to a vessel to be documented under chapter 121 of title 46, United States Code, the

Secretary may grant approval under subsection (c) before the date

the vessel is documented.’’.

(c) TRUST CHARTERERS.—Notwithstanding section 12102(d)(4)

of title 46, United States Code, as amended by this section, for

purposes of subtitle B of title VI of the Merchant Marine Act,

1936 a vessel is deemed to be owned and operated by a citizen

of the United States (as that term is used in that subtitle) if—

(1) the person chartering the vessel from a trust under

section 12102(d)(2) of that title is a citizen of the United States

under section 2 of the Shipping Act, 1916 (46 App. U.S.C.

802); and

(2)(A) the vessel—

(i) is delivered by a shipbuilder, following completion

of construction, on or after May 1, 1995 and before January

31, 1996; or

(ii) is owned by a citizen of the United States under

section 2 of the Shipping Act, 1916 on September 1, 1996,

or is a replacement for such a vessel; or

(B) payments have been made with respect to the vessel

under subtitle B of title VI of the Merchant Marine Act, 1936

for at least 1 year.

(d) INDIRECT VESSEL OWNERS.—Notwithstanding any other

provision of law, for purposes of subtitle B of title VI of the Merchant

Marine Act, 1936 the following vessels are deemed to be owned

and operated by a citizen of the United States (as that term is

used in that subtitle) if the vessels are owned, directly or indirectly,

by a person that is a citizen of the United States under section

2 of the Shipping Act, 1916 (46 App. U.S.C. 802):

(1) Any vessel constructed under a shipbuilding contract

signed on December 21, 1995, and having hull number 3077,

3078, 3079, or 3080.

46 USC app.

1187 note.

46 USC app.

1187 note.
110 STAT. 3988 PUBLIC LAW 104–324—OCT. 19, 1996

(2) Any vessel delivered by a shipbuilder, following completion of construction, on or after May 1, 1995, and before January

31, 1996.

(3) Any vessel owned on September 1, 1996, by a person

that is a citizen of the United States under section 2 of the

Shipping Act, 1916, or a replacement for such a vessel.

(4) Any vessel with respect to which payments have been

made under subtitle B of title VI of the Merchant Marine

Act, 1936 for at least 1 year.

SEC. 1137. VESSEL STANDARDS.

(a) CERTIFICATE OF INSPECTION.—A vessel used to provide

transportation service as a common carrier which the Secretary

of Transportation determines meets the criteria of section 651(b)

of the Merchant Marine Act, 1936, but which on the date of enactment of this Act is not a documented vessel (as that term is

defined in section 2101 of title 46, United States Code), shall

be eligible for a certificate of inspection if the Secretary determines

that—

(1) the vessel is classed by and designed in accordance

with the rules of the American Bureau of Shipping or another

classification society accepted by the Secretary;

(2) the vessel complies with applicable international agreements and associated guidelines, as determined by the country

in which the vessel was documented immediately before becoming a documented vessel (as defined in that section); and

(3) that country has not been identified by the Secretary

as inadequately enforcing international vessel regulations as

to that vessel.

(b) CONTINUED ELIGIBILITY FOR CERTIFICATE.—Subsection (a)

does not apply to a vessel after any date on which the vessel

fails to comply with the applicable international agreements and

associated guidelines referred to in subsection (a)(2).

(c) RELIANCE ON CLASSIFICATION SOCIETY.—

(1) IN GENERAL.—The Secretary may rely on a certification

from the American Bureau of Shipping or, subject to paragraph

(2), another classification society accepted by the Secretary

to establish that a vessel is in compliance with the requirements

of subsections (a) and (b).

(2) FOREIGN CLASSIFICATION SOCIETY.—The Secretary may

accept certification from a foreign classification society under

paragraph (1) only—

(A) to the extent that the government of the foreign

country in which the society is headquartered provides

access on a reciprocal basis to the American Bureau of

Shipping; and

(B) if the foreign classification society has offices and

maintains records in the United States.

SEC. 1138. VESSELS SUBJECT TO THE JURISDICTION OF THE UNITED

STATES.

(a) IN GENERAL.—Section 3 of the Maritime Drug Law Enforcement Act (46 App. U.S.C. 1903) is amended—

(1) in subsection (c)(2) by striking ‘‘and’’ after the semicolon

in subparagraph (A), by striking the period at the end of

subparagraph (B) and inserting ‘‘; and’’, and by adding at the

end the following new subparagraph:

46 USC app.

1187 note.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3989

‘‘(C) a vessel aboard which the master or person in

charge makes a claim of registry and the claimed nation

of registry does not affirmatively and unequivocally assert

that the vessel is of its nationality.’’;

(2) in subsection (c)(1) by striking ‘‘and may be’’ and inserting ‘‘and is conclusively’’;

(3) in subsection (c)(2) by striking ‘‘nation may be’’ and

inserting ‘‘nation is conclusively’’;

(4) in subsection (d) by inserting before the first sentence

the following: ‘‘Any person charged with a violation of this

section shall not have standing to raise the claim of failure

to comply with international law as a basis for a defense.’’;

and

(5) by adding at the end of subsection (f) the following:

‘‘Jurisdiction of the United States with respect to vessels subject

to this chapter is not an element of any offense. All jurisdictional issues arising under this chapter are preliminary questions of law to be determined solely by the trial judge.’’.

(b) CONFORMING AMENDMENT.—Subsection (c) of such section

is amended by inserting ‘‘or (C)’’ after ‘‘under subparagraph (A)’’.

SEC. 1139. REACTIVATION OF CLOSED SHIPYARDS.

(a) IN GENERAL.—The Secretary may issue a guarantee or

a commitment to guarantee obligations under title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), upon such

terms as the Secretary may prescribe, to assist in the reactivation

and modernization of any shipyard in the United States that is

closed on the date of the enactment of this Act, if the Secretary

finds that—

(1) the closed shipyard historically built military vessels

and responsible entities now seek to reopen it as an internationally competitive commercial shipyard;

(2)(A) the closed shipyard has been designated by the President as a public-private partnership project; or

(B) has a reuse plan approved by the Navy in which

commercial shipbuilding and repair are primary activities and

has a revolving economic conversion fund approved by the

Department of Defense; and

(3) the State in which the shipyard is located, and each

other involved State, or a State-chartered agency, is making

a significant financial investment in the overall cost of reactivation and modernization as its contribution to the reactivation

and modernization project, in addition to the funds required

by subsection (d)(2) of this section.

(b) WAIVERS.—Notwithstanding any other provision of title XI

of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.),

the Secretary shall not apply the requirements of section 1104A(d)

of that Act when issuing a guarantee or a commitment to guarantee

an obligation under this section.

(c) CONDITIONS.—The Secretary shall impose such conditions

on the issuance of a guarantee or a commitment to guarantee

under this section as are necessary to protect the interests of

the United States from the risk of a default. The Secretary shall

consider the interdependency of such shipyard modernization and

reactivation projects and related vessel loan guarantee requests

pending under title XI of the Merchant Marine Act, 1936 (46 App.

46 USC app.

1273 note.
110 STAT. 3990 PUBLIC LAW 104–324—OCT. 19, 1996

U.S.C. 1271 et seq.) before issuing a guarantee or a commitment

to guarantee under this section.

(d) FUNDING PROVISIONS.—

(1) The Secretary may not guarantee or commit to guarantee obligations under this section that exceed $100,000,000

in the aggregate.

(2) The amount of appropriated funds required by the Federal Credit Reform Act of 1990 (2 U.S.C. 661a et seq.) in

advance of the Secretary’s issuance of a guarantee or a commitment to guarantee under this section shall be provided by

the State in which the shipyard is located, and other involved

States, or by a State-chartered agency, and deposited by the

Secretary in the financing account established under the Federal Credit Reform Act of 1990 (2 U.S.C. 661a et seq.) for

loan guarantees issued by the Secretary under title XI of the

Merchant Marine Act of 1936 (46 App. U.S.C. 1271 et seq.).

No federally appropriated funds shall be available for this

purpose. The funds deposited into that financing account shall

be held and applied by the Secretary in accordance with the

provisions of the Federal Credit Reform Act of 1990 (2 U.S.C.

661a et seq.), except that, unless the Secretary shall have

earlier paid an obligee or been required to pay an obligee

pursuant to the terms of a loan guarantee, the funds deposited

in that financing account shall be returned, upon the expiration

of the Secretary’s loan guarantee, to the State, States, or Statechartered agency which originally provided the funds to the

Secretary.

(3) Notwithstanding the provisions of any other law or

regulation, the cost (as that term is defined by the Federal

Credit Reform Act of 1990 (2 U.S.C. 661a et seq.)) of a guarantee

or commitment to guarantee issued under this section—

(A) may only be determined with reference to the merits of the specific closed shipyard reactivation project which

is the subject of that guarantee or commitment to guarantee, without reference to any other project, type of project,

or averaged risk; and

(B) may not be used in determining the cost of any

other project, type of project, or averaged risk applicable

to guarantees or commitments to guarantee issued under

title XI of the Merchant Marine Act, 1936 (46 App. U.S.C.

1271 et seq.).

(e) SUNSET.—No commitment to guarantee obligations under

this section shall be issued by the Secretary after one year after

the date of enactment of this section.

(f) DEFINITION.—As used in this section, the term ‘‘Secretary’’

means the Secretary of Transportation.

SEC. 1140. SAKONNET POINT LIGHT.

Notwithstanding any other provision of law, any action in

admiralty brought against a private nonprofit organization (including any officer, director, employee, or agent of such organization)

for damages or injuries resulting from an incident occurring after

the date of enactment of this Act, and arising from the operation,

maintenance, or malfunctioning of an aid to navigation operated

by the Coast Guard on or within property or a structure owned

by such nonprofit organization at Sakonnet Point, Little Compton,

Rhode Island.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3991

Rhode Island, shall be determined exclusively according to the

law of the State in which such property or structure is located.

SEC. 1141. DREDGING OF RHODE ISLAND WATERWAYS.

The Chief of Engineers of the Army Corps of Engineers, in

conjunction with the Secretary of Transportation and other relevant

agencies, shall—

(1) review the report of the commission convened by the

Governor of Rhode Island on dredging Rhode Island waterways;

and

(2) not later than 120 days after the date of enactment

of this section, submit to the Committee on Environment and

Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives any

recommendations that the Chief of Engineers may have

concerning the feasibility and environmental effects of the

dredging.

SEC. 1142. INTERIM PAYMENTS.

(a) DAMAGES FOR LOSS OF PROFITS OR IMPAIRMENT OF EARNING

CAPACITY.—Section 1005 of the Oil Pollution Act of 1990 (33 U.S.C.

2705) is amended by—

(1) in the title inserting ‘‘; PARTIAL PAYMENT OF

CLAIMS’’ before the period; and

(2) adding at the end of subsection (a) the following: ‘‘The

responsible party shall establish a procedure for the payment

or settlement of claims for interim, short-term damages. Payment or settlement of a claim for interim, short-term damages

representing less than the full amount of damages to which

the claimant ultimately may be entitled shall not preclude

recovery by the claimant for damages not reflected in the paid

or settled partial claim.’’.

(b) CLARIFICATION OF CLAIMS PROCEDURE.—Section 1013(d) of

the Oil Pollution Act of 1990 (33 U.S.C. 2713(d)) is amended by

striking ‘‘section’’ and inserting the following: ‘‘section, including

a claim for interim, short-term damages representing less than

the full amount of damages to which the claimant ultimately may

be entitled,’’.

(c) ADVERTISEMENT.—Section 1014(b) of the Oil Pollution Act

of 1990 (33 U.S.C. 2714(b)) is amended—

(1) by inserting ‘‘(1)’’ before ‘‘If’’; and

(2) by adding at the end the following new paragraph:

‘‘(2) An advertisement under paragraph (1) shall state that

a claimant may present a claim for interim, short-term damages

representing less than the full amount of damages to which the

claimant ultimately may be entitled and that payment of such

a claim shall not preclude recovery for damages not reflected in

the paid or settled partial claim.’’.

(d) CLARIFICATION OF SUBROGATION.—Section 1015(a) of the

Oil Pollution Act of 1990 (33 U.S.C. 2715(a)) is amended—

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following:

‘‘(b) INTERIM DAMAGES.—

‘‘(1) IN GENERAL.—If a responsible party, a guarantor, or

the Fund has made payment to a claimant for interim, shortterm damages representing less than the full amount of damages to which the claimant ultimately may be entitled, subrogaApplicability.
110 STAT. 3992 PUBLIC LAW 104–324—OCT. 19, 1996

tion under subsection (a) shall apply only with respect to the

portion of the claim reflected in the paid interim claim.

‘‘(2) FINAL DAMAGES.—Payment of such a claim shall not

foreclose a claimant’s right to recovery of all damages to which

the claimant otherwise is entitled under this Act or under

any other law.’’.

SEC. 1143. OIL SPILL INFORMATION.

Section 311 of the Federal Water Pollution Control Act (33

U.S.C. 1321) is amended—

(1) in subsection (j)(2)(A) by inserting after ‘‘paragraph

(4),’’ the following: ‘‘and of information regarding previous spills,

including data from universities, research institutions, State

governments, and other nations, as appropriate, which shall

be disseminated as appropriate to response groups and area

committees, and’’; and

(2) in subsection (j)(4)(C)(v) by inserting before ‘‘describe’’

the following: ‘‘compile a list of local scientists, both inside

and outside Federal Government service, with expertise in the

environmental effects of spills of the types of oil typically transported in the area, who may be contacted to provide information

or, where appropriate, participate in meetings of the scientific

support team convened in response to a spill, and’’.

SEC. 1144. COMPLIANCE WITH OIL SPILL RESPONSE PLANS.

Section 311(c)(3)(B) of the Federal Water Pollution Control

Act (33 U.S.C. 1321(c)(3)(B)) is amended by striking ‘‘President’’

and inserting ‘‘President, except that the owner or operator may

deviate from the applicable response plan if the President or the

Federal On-Scene Coordinator determines that deviation from the

response plan would provide for a more expeditious or effective

response to the spill or mitigation of its environmental effects’’.

SEC. 1145. BRIDGE DEEMED TO UNREASONABLY OBSTRUCT NAVIGATION.

The Sooline & Milwaukee Road Swing Bridge, located in Oshkosh, Wisconsin, is deemed to unreasonably obstruct navigation

for purposes of the Act of June 21, 1940 (popularly known as

the Hobbs Bridge Act; 33 U.S.C. 511 et seq.).

SEC. 1146. FISHING VESSEL EXEMPTION.

(a) IN GENERAL.—Chapter 81 of title 46, United States Code,

is amended by adding at the end the following new section:

‘‘§8105. Fishing vessel exemption

‘‘Notwithstanding any other provision of law, neither the International Convention on Standards of Training, Certification and

Watchkeeping for Seafarers, 1978, nor any amendment to such

convention, shall apply to a fishing vessel, including a fishing

vessel used as a fish tender vessel.’’.

Applicability.

Wisconsin.
PUBLIC LAW 104–324—OCT. 19, 1996 110 STAT. 3993

LEGISLATIVE HISTORY—S. 1004 (H.R. 1361):

HOUSE REPORTS: Nos. 104–106 accompanying H.R. 1361 (Comm. on Transportation and Infrastructure) and 104–854 (Comm. of Conference).

SENATE REPORTS: No. 104–160 (Comm. on Commerce, Science, and Transportation).

CONGRESSIONAL RECORD:

Vol. 141 (1995): May 9, H.R. 1361 considered and passed House.

Nov. 17, S. 1004 considered and passed Senate.

Vol. 142 (1996): Feb. 29, considered and passed House, amended, in lieu of

H.R. 1361.

Sept. 27, House agreed to conference report.

Sept. 28, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):

Oct. 19, Presidential statement.

Æ

(b) CLERICAL AMENDMENT.—The table of sections for chapter

81 of title 46, United States Code, is amended by adding at the

end the following:

‘‘8105. Fishing vessel exemption.’’.

Approved October 19, 1996.