I

104TH CONGRESS

1ST SESSION H. R. 1151

To authorize appropriations for fiscal years 1996 and 1997 for the Coast

Guard, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 7, 1995

Mr. TRAFICANT introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure

A BILL

To authorize appropriations for fiscal years 1996 and 1997

for the Coast Guard, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Coast Guard Author5 ization Act for Fiscal Years 1996 and 1997’’.

6 TITLE I—AUTHORIZATIONS

7 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

8 (a) Funds are authorized to be appropriated for nec9 essary expenses of the Coast Guard for fiscal year 1996,

10 as follows:
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1 (1) For the operation and maintenance of the

2 Coast Guard, $2,618,316,000 of which $25,000,000

3 shall be derived from the Oil Spill Liability Trust

4 Fund.

5 (2) For the acquisition, construction, renova6 tion, and improvement of aids to navigation, shore

7 and offshore facilities, vessels, and aircraft, includ8 ing equipment related thereto, $428,200,000, to re9 main available until expended, of which $32,500,000

10 shall be derived from the Oil Spill Liability Trust

11 Fund to carry out the purposes of section

12 1012(a)(5) of the Oil Pollution Act of 1990.

13 (3) For research, development, test, and evalua14 tion of technologies, materials, and human factors

15 directly relating to improving the performance of the

16 Coast Guard’s mission in support of search and res17 cue, aids to navigation, marine safety, marine envi18 ronmental protection, enforcement of laws and trea19 ties, ice operations, oceanographic research, and de20 fense readiness, $22,500,000 to remain available

21 until expended, of which $3,150,000 shall be derived

22 from the Oil Spill Liability Trust Fund.

23 (4) For retired pay, including the payment of

24 obligations otherwise chargeable to lapsed appropria25 tions for this purpose, and payments under the Re-
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1 tired Serviceman’s Family Protection and Survivor

2 Benefit Plans, and payments for medical care of re3 tired personnel and their dependents under chapter

4 55 of title 10, United States Code, $582,022,000.

5 (5) For alteration or removal of railroad and

6 railroad/highway bridges over navigable waters of

7 the United States constituting obstructions to navi8 gation associated with the Bridge Alteration Pro9 gram, $2,000,000, to remain available until ex10 pended.

11 (6) For necessary expenses to carry out the

12 Coast Guard’s environmental compliance and res13 toration functions, other than parts and equipment

14 associated with operations and maintenance, under

15 chapter 19 of title 14, United States Code, at Coast

16 Guard facilities, $25,000,000, to remain available

17 until expended.

18 (b) Funds are authorized to be appropriated for nec19 essary expenses of the Coast Guard for fiscal year 1997,

20 as follows:

21 (1) For the operation and maintenance of the

22 Coast Guard, such sums as may be necessary, of

23 which such sums as may be necessary shall be de24 rived from the Oil Spill Liability Trust Fund.
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1 (2) For the acquisition, construction, renova2 tion, and improvement of aids to navigation, shore

3 and offshore facilities, vessels, and aircraft, includ4 ing equipment related thereto, such sums as may be

5 necessary, to remain available until expended, of

6 which such sums as may be necessary shall be de7 rived from the Oil Spill Liability Trust Fund to

8 carry out the purposes of section 1012(a)(5) of the

9 Oil Pollution Act of 1990.

10 (3) For research, development, test, and evalua11 tion of technologies, materials, and human factors

12 directly relating to improving the performance of the

13 Coast Guard’s mission in support of search and res14 cue, aids to navigation, marine safety, marine envi15 ronmental protection, enforcement of laws and trea16 ties, ice operations, oceanographic research, and de17 fense readiness, such sums as may be necessary to

18 remain available until expended, of which such sums

19 as may be necessary shall be derived from the Oil

20 Spill Liability Trust Fund.

21 (4) For retired pay, including the payment of

22 obligations otherwise chargeable to lapsed appropria23 tions for this purpose, and payments under the Re24 tired Serviceman’s Family Protection and Survivor

25 Benefit Plans, and payments for medical care of re-
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1 tired personnel and their dependents under chapter

2 55 of title 10, United States Code, such sums as

3 may be necessary.

4 (5) For alteration or removal of railroad and

5 railroad/highway bridges over navigable waters of

6 the United States constituting obstructions to navi7 gation associated with the Bridge Alteration Pro8 gram, such sums as may be necessary, to remain

9 available until expended.

10 (6) For necessary expenses to carry out the

11 Coast Guard’s environmental compliance and res12 toration functions, other than parts and equipment

13 associated with operations and maintenance, under

14 chapter 19 of title 14, United States Code, at Coast

15 Guard facilities, such sums as may be necessary, to

16 remain available until expended.

17 (c) Section 104 of title 49, United States Code, is

18 amended by adding at the end thereof the following:

19 ‘‘(e) Notwithstanding the provisions of sections

20 101(d) and 144 of title 23, United States Code, highway

21 bridges determined to be unreasonable obstructions to

22 navigation under the Truman-Hobbs Act may be funded

23 from amounts set aside from the discretionary bridge pro24 gram. Of the amount authorized for each fiscal year for

25 the discretionary bridge program, not more than
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1 $12,880,000 in the case of fiscal year 1995, $14,200,000

2 in the case of fiscal year 1996, and not more than

3 $17,250,000 in the case of fiscal year 1997 shall be avail4 able for such highway bridge projects. The Secretary shall

5 transfer these allocations and the responsibility for admin6 istration of these funds to the United States Coast

7 Guard.’’.

8 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH

9 AND TRAINING.

10 (a) The Coast Guard is authorized an end-of-year

11 strength for active duty personnel of 38,400 as of Septem12 ber 30, 1996. The authorized strength does not include

13 members of the Ready Reserve called to active duty for

14 special or emergency augmentation of regular Coast

15 Guard forces for periods of 180 days or less.

16 (b) For fiscal year 1996, the Coast Guard is author17 ized average military training student loads as follows:

18 (1) For recruit and special training, 1,604 stu19 dent years.

20 (2) For flight training, 85 student years.

21 (3) For professional training in military and ci22 vilian institutions, 330 student years.

23 (4) For officer acquisition, 874 student years.

24 (c) The Coast Guard is authorized an end-of-year

25 strength for active duty personnel of 38,400 as of Septem-
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1 ber 30, 1997. The authorized strength does not include

2 members of the Ready Reserve called to active duty for

3 special or emergency augmentation of regular Coast

4 Guard forces for periods of 180 days or less.

5 (d) For fiscal year 1997, the Coast Guard is author6 ized average military training student loads as follows:

7 (1) For recruit and special training, 1,642 stu8 dent years.

9 (2) For flight training, 103 student years.

10 (3) For professional training in military and ci11 vilian institutions, 303 student years.

12 (4) For officer acquisition, 870 student years.

13 TITLE II—PERSONNEL MANAGEMENT

14 AMENDMENTS

15 SEC. 201. ACCESS TO NATIONAL DRIVER REGISTER INFOR16 MATION ON CERTAIN COAST GUARD PERSON17 NEL.

18 (a) Section 93 of title 14, United States Code, is

19 amended—

20 (1) by striking ‘‘and’’ after the semicolon at the

21 end of paragraph (t)(2);

22 (2) by striking the period at the end of para23 graph (u) and inserting a semicolon and the word

24 ‘‘and’’; and
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1 (3) by adding at the end the following new sub2 section:

3 ‘‘(v) require that any officer, chief warrant officer,

4 or enlisted member of the Coast Guard or Coast Guard

5 Reserve (including a cadet or an applicant for appoint6 ment or enlistment to any of the foregoing and including

7 any member of a uniformed service who is assigned to the

8 Coast Guard) request that all information contained in the

9 National Driver Register pertaining to the individual, as

10 described in section 30304(a) of title 49, United States

11 Code, be made available to the Commandant under section

12 30305(a) of title 49, United States Code. The Com13 mandant may receive the information and, upon receipt,

14 shall make the information available to the individual.’’.

15 (b) Section 30305(b) of title 49, United States Code,

16 is amended following paragraph (6) by redesignating para17 graph (7) as paragraph (8) and inserting the following:

18 ‘‘(7) An individual who is an officer, chief warrant

19 officer, or enlisted member of the Coast Guard or Coast

20 Guard Reserve (including a cadet or an applicant for ap21 pointment or enlistment to any of the foregoing and in22 cluding any member of a uniformed service who is as23 signed to the Coast Guard) may request the chief driver

24 licensing official of a State to provide information about

25 the individual under subsection (a) of this section to the
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1 Commandant. The Commandant may receive the informa2 tion and shall make the information available to the indi3 vidual. Information may not be obtained from the Register

4 under this paragraph if the information was entered in

5 the Register more than three years before the request, un6 less the information is about a revocation or suspension

7 still in effect on the date of the request.’’.

8 SEC. 202. CONFIDENTIALITY OF COAST GUARD MEDICAL

9 QUALITY ASSURANCE RECORDS.

10 Section 645 of title 14, United States Code, is

11 amended—

12 (1) in subsection (a)(1), by inserting ‘‘before,

13 on, or after November 4, 1992’’ after ‘‘carried out’’;

14 (2) following subsection (d)(2), by redesignating

15 the remaining subsections (d) through (h) as (e)

16 through (i); and

17 (3) in subsection (g), as redesignated, by strik18 ing ‘‘provides information to an individual’’ and in19 serting ‘‘provides information to a person’’ in its

20 place.

21 SEC. 203. CONTRACTS FOR HEALTH CARE SERVICES.

22 (a) Chapter 17 of title 14, United States Code, is

23 amended by inserting after section 644 the following new

24 section:
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1 ‘‘§ 644a. Contracts for health care services

2 ‘‘(a) Subject to the availability of appropriations for

3 this purpose, the Commandant may enter into personal

4 services and other contracts to carry out health care re5 sponsibilities pursuant to section 93 of this title and other

6 applicable provisions of law pertaining to the provision of

7 health care services to Coast Guard personnel and covered

8 beneficiaries. The authority provided in this subsection is

9 in addition to any other contract authorities of the Com10 mandant provided by law or as delegated to the Com11 mandant from time to time by the Secretary, including

12 but not limited to authority relating to the management

13 of health care facilities and furnishing of health care serv14 ices pursuant to title 10 and title 14, United States Code.

15 ‘‘(b) The total amount of compensation paid to an

16 individual in any year under a personal services contract

17 entered into under subsection (a) shall not exceed the

18 amount of annual compensation (excluding allowances for

19 expenses) allowable for such contracts entered into by the

20 Secretary of Defense pursuant to section 1091 of title 10,

21 United States Code.

22 ‘‘(c)(1) The Secretary shall promulgate regulations to

23 assure—

24 ‘‘(A) the provision of adequate notice of con25 tract opportunities to individuals residing in the area

26 of a medical treatment facility involved; and
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1 ‘‘(B) consideration of interested individuals

2 solely on the basis of the qualifications established

3 for the contract and the proposed contract price.

4 ‘‘(2) Upon establishment of the procedures under

5 paragraph (1), the Secretary may exempt personal serv6 ices contracts covered by this section from the competitive

7 contracting requirements specified in section 2304 of title

8 10, United States Code, or any other similar requirements

9 of law.

10 ‘‘(d) The procedures and exemptions provided under

11 subsection (c) shall not apply to personal services con12 tracts entered into under subsection (a) with entities other

13 than individuals or to any contract that is not an author14 ized personal services contract under subsection (a).’’.

15 (b) The table of sections at the beginning of chapter

16 17 of title 14, United States Code, is amended by inserting

17 after the item relating to section 644 the following:

‘‘644a. Contracts for health care services.’’.

18 (c) This section shall take effect on October 1, 1995,

19 or upon enactment, whichever is sooner. Any personal

20 services contract entered into on behalf of the Coast

21 Guard in reliance upon the authority of section 1091 of

22 title 10, United States Code, before the effective date of

23 this section, is confirmed and ratified and shall remain

24 in effect in accordance with the terms of the contract.
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1 SEC. 204. CAMPUS RECRUITING.

2 Section 558 of the National Defense Authorization

3 Act for Fiscal Year 1995, Public Law 103–337, is amend4 ed—

5 (1) in subsection (a)(1) by inserting ‘‘or the

6 Department of Transportation’’ immediately after

7 ‘‘the Department of Defense’’;

8 (2) in subsection (a)(1) by inserting ‘‘or the

9 Secretary of Transportation,’’ immediately after

10 ‘‘the Secretary of Defense’’; and

11 (3) in subsection (b) by inserting ‘‘and the Sec12 retary of Transportation’’ immediately after ‘‘the

13 Secretary of Education’’.

14 TITLE III—NAVIGATION SAFETY AND

15 WATERWAY SERVICES MANAGEMENT

16 SEC. 301. AMENDMENT OF INLAND NAVIGATION RULES.

17 The Inland Navigational Rules (33 U.S.C. 2001, et

18 seq.) are amended—

19 (1) by amending rule 9(e)(i) (33 U.S.C.

20 2009(e)(i)) to read as follows:

21 ‘‘(i) In a narrow channel or fairway when overtaking,

22 the power-driven vessel intending to overtake another

23 power-driven vessel shall indicate her intention by sound24 ing the appropriate signal prescribed in rule 34(c) and

25 take steps to permit safe passing. The power-driven vessel

26 being overtaken, if in agreement, shall sound the same sig-
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1 nal and may, if specifically agreed to, take steps to permit

2 safe passing. If in doubt she shall sound the danger signal

3 prescribed in rule 34(d),’’;

4 (2) by amending rule 15(b) (33 U.S.C.

5 2015(b)) after ‘‘Secretary, a’’ by inserting ‘‘power6 driven’’;

7 (3) by amending rule 23(a)(i) (33 U.S.C.

8 2023(a)(i)) after ‘‘masthead light forward;’’ by strik9 ing ‘‘except that a vessel of less than 20 meters in

10 length need not exhibit this light forward of amid11 ships but shall exhibit it as far forward as is prac12 ticable;’’;

13 (4) by amending rule 24(f) (33 U.S.C. 2024(f))

14 after the section heading, to read as follows:

15 ‘‘Provided that any number of vessels being towed

16 alongside or pushed in a group shall be lighted as one ves17 sel, except as provided in paragraph (iii)—

18 ‘‘(i) a vessel being pushed ahead, not being part

19 of a composite unit, shall exhibit at the forward end,

20 sidelights and a special flashing light;

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

22 a sternlight and at the forward end, sidelights and

23 a special flashing light; and

24 ‘‘(iii) when vessels are towed alongside on both

25 sides of the towing vessel a stern light shall be ex-
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1 hibited on the stern of the outboard vessel on each

2 side of the towing vessel, and a single set of

3 sidelights as far forward and as far outboard as is

4 practicable, and a single special flashing light.’’;

5 (5) by amending rule 26 (33 U.S.C. 2026)—

6 (A) in subsections (b)(i) and (c)(i) by

7 striking ‘‘a vessel of less than 20 meters in

8 length may instead of this shape exhibit a bas9 ket;’’; and

10 (B) in subsection (d), by striking ‘‘A vessel

11 engaged in fishing in close proximity to other

12 vessels engaged in fishing may exhibit the addi13 tional signals described in Annex II to these

14 Rules.’’ and substituting ‘‘The additional sig15 nals described in annex II to these rules apply

16 to a vessel engaged in fishing in close proximity

17 to other vessels engaged in fishing.’’; and

18 (6) by amending rule 34(h) (33 U.S.C. 2034)

19 to read as follows:

20 ‘‘(h) ‘Agreement between vessels using radiotelephone

21 or other communications’ means a vessel that reaches

22 agreement with another vessel in a head-on, crossing, or

23 overtaking situation, as for example, by using the radio24 telephone as prescribed by the Vessel Bridge-to-Bridge

25 Radiotelephone Act (85 Stat. 164; 33 U.S.C. 1201 et
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1 seq.), is not obliged to sound the whistle signals prescribed

2 by this rule, but may do so. If agreement is not reached,

3 then whistle signals shall be exchanged in a timely manner

4 and shall prevail.’’.

5 SEC. 302. NUMBERING OF UNDOCUMENTED BARGES.

6 (a) Section 12301(b) of title 46, United States Code,

7 is amended by adding at the end of the subsection ‘‘chap8 ter 131 does not apply to an undocumented vessel number9 ing system established under this subsection.’’; and

10 (b) Section 12302(b) of title 46, United States Code,

11 is amended—

12 (1) in the first sentence by adding ‘‘for vessels

13 required to be numbered under section 12301(a)’’

14 after ‘‘chapter’’; and

15 (2) by adding at the end of the section: ‘‘How16 ever, for vessels required to be numbered under sec17 tion 12301(b), the numbering system and the issu18 ing authority for that numbering system, within the

19 meaning of this chapter, shall be determined by reg20 ulations promulgated by the Secretary, notwith21 standing any other provisions of this chapter.’’.
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1 SEC. 303. RENEWAL OF THE NAVIGATION SAFETY ADVI2 SORY COUNCIL.

3 (a) Section 5(d) of the Inland Navigational Rules Act

4 of 1980 (33 U.S.C. 2073) is amended by striking ‘‘Sep5 tember 30, 1995’’ and inserting ‘‘September 30, 2000’’.

6 (b) The section heading for section 5(d) of the Inland

7 Navigational Rules Act of 1980 (33 U.S.C. 2073) is

8 amended by striking ‘‘Rules of the Road Advisory Coun9 cil’’ and inserting ‘‘Navigation Safety Advisory Council’’.

10 SEC. 304. RENEWAL OF COMMERCIAL FISHING INDUSTRY

11 VESSEL ADVISORY COMMITTEE.

12 Subsection (e)(1) of section 4508 of title 46, United

13 States Code, is amended by striking ‘‘September 30,

14 1994’’ and inserting ‘‘October 1, 1999’’.

15 TITLE IV—MARINE SAFETY AND

16 ENVIRONMENTAL PROTECTION

17 SEC. 401. PROVIDE FOR JUDICIAL SALE OF CERTAIN DOCU18 MENTED VESSELS TO ALIENS.

19 Section 31329 of title 46, United States Code, is

20 amended by adding a new subsection (f) to read as follows:

21 ‘‘(f) This section does not apply to a documented ves22 sel that has been operated only as a fishing vessel, fish

23 processing vessel, fish tender vessel (as defined in section

24 2101 of this title) or a documented vessel that has been

25 operated only for pleasure.’’.
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1 SEC. 402. FOIA EXCEPTION FOR PORT SECURITY PLANS.

2 Section 7 of the Ports and Waterways Safety Act,

3 as amended (33 U.S.C. 1226), is amended by adding a

4 new subsection (c) to read as follows:

5 ‘‘(c)(1) Notwithstanding any other provision of law,

6 no information obtained or developed regarding the estab7 lishment, implementation, review, inspection, or alteration

8 of security plans, procedures, or programs for passenger

9 vessels or passenger terminals authorized under this Act

10 shall be available for general or public disclosure or inspec11 tion.

12 ‘‘(2) Nothing in this subsection shall be construed to

13 authorize the withholding of information from the duly au14 thorized committees of Congress.’’.

15 SEC. 403. MARITIME DRUG AND ALCOHOL TESTING PRO16 GRAM CIVIL PENALTY.

17 (a) Chapter 21 of title 46, United States Code, is

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

19 as follows:

20 ‘‘§ 2115. Civil penalty to enforce alcohol and dan21 gerous drug testing

22 ‘‘Any person who fails to implement or conduct, or

23 who otherwise fails to comply with the requirements pre24 scribed by the Secretary for, chemical testing for dan25 gerous drugs or for evidence of alcohol use, as prescribed

26 under this subtitle or a regulation prescribed by the Sec-
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1 retary to carry out the provisions of this subtitle, is liable

2 to the United States Government for a civil penalty of not

3 more than $1,000 for each violation. Each day of a con4 tinuing violation shall constitute a separate violation.’’.

5 (b) The table of sections at the beginning of chapter

6 21 of title 46, United States Code, is amended by inserting

7 after the item relating to section 2114 the following:

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

8 SEC. 404. WITHHOLDING VESSEL CLEARANCE FOR VIOLA9 TION OF CERTAIN ACTS.

10 (a) Section 5122 of title 49 is amended by adding

11 a new subsection (c) to read as follows:

12 ‘‘(c) WITHHOLDING OF CLEARANCE.—If any owner,

13 operator, or person in charge of a vessel is liable for a

14 civil penalty under section 5123 of this title or for a fine

15 under section 5124 of this title, or if reasonable cause ex16 ists to believe that such owner, operator, or person in

17 charge may be subject to such a civil penalty or fine, the

18 Secretary of the Treasury, upon the request of the Sec19 retary, shall with respect to such vessel refuse or revoke—

20 ‘‘(1) the clearance required by section 4197 of

21 the Revised Statutes of the United States (46 App.

22 U.S.C. 91); or

23 ‘‘(2) a permit to depart required under section

24 443 of the Tariff Act of 1930 (19 U.S.C. 1443);
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1 as applicable. Clearance or a permit refused or revoked

2 under this subsection may be granted upon the filing of

3 a bond or other surety satisfactory to the Secretary.’’.

4 (b) Section 13(f) of the Ports and Waterways Safety

5 Act (33 U.S.C. 1232(f)) is amended to read as follows:

6 ‘‘(f) WITHHOLDING OF CLEARANCE.—If any owner,

7 operator, or person in charge of a vessel is liable for any

8 of the penalties or fines in this section, or if reasonable

9 cause exists to believe that the owner, operator, or person

10 in charge may be subject to any penalty or fine in this

11 section, the Secretary of the Treasury, upon the request

12 of the Secretary, shall with respect to such vessel refuse

13 or revoke—

14 ‘‘(1) the clearance required by section 4197 of

15 the Revised Statutes of the United States (46 App.

16 U.S.C. 91); or

17 ‘‘(2) a permit to depart required under section

18 443 of the Tariff Act of 1930 (19 U.S.C. 1443);

19 as applicable. Clearance or a permit refused or revoked

20 under this subsection may be granted upon filing of a bond

21 or other surety satisfactory to the Secretary.’’.

22 (c) Section 4(d) of the Inland Navigational Rules Act

23 (33 U.S.C. 2072(d)) is amended to read as follows:

24 ‘‘(d) WITHHOLDING OF CLEARANCE.—If any owner,

25 operator, or person in charge of a vessel is liable for any
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1 of the penalties in this section, or if reasonable cause ex2 ists to believe that the owner, operator, or person in

3 charge may be subject to any of the penalties in this sec4 tion, the Secretary of the Treasury, upon the request of

5 the Secretary, shall with respect to such vessel refuse or

6 revoke—

7 ‘‘(1) the clearance required by section 4197 of

8 the Revised Statutes of the United States (46 App.

9 U.S.C. 91); or

10 ‘‘(2) a permit to depart required under section

11 443 of the Tariff Act of 1930 (19 U.S.C. 1443);

12 as applicable. Clearance or a permit refused or revoked

13 under this subsection may be granted upon filing of a bond

14 or other surety satisfactory to the Secretary.’’.

15 (d) Section 3718(e) of title 46, United States Code,

16 is amended to read as follows:

17 ‘‘(e) If any owner, operator, or person in charge of

18 a vessel is liable for any penalty or fine in this section,

19 or if reasonable cause exists to believe that the owner, op20 erator, or person in charge may be subject to any penalty

21 or fine in this section, the Secretary of the Treasury, upon

22 the request of the Secretary, shall with respect to such

23 vessel refuse or revoke—
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1 ‘‘(1) the clearance required by section 4197 of

2 the Revised Statutes of the United States (46

3 U.S.C. App. 91); or

4 ‘‘(2) a permit to depart required under section

5 443 of the Tariff Act of 1930 (19 U.S.C. 1443);

6 as applicable. Clearance or a permit refused or revoked

7 under this subsection may be granted upon filing of a bond

8 or other surety satisfactory to the Secretary.’’.

9 SEC. 405. CONVENTION TONNAGE FOR LICENSING.

10 (a) Chapter 75 of title 46, United States Code, is

11 amended by adding a new section 7506 to read as follows:

12 ‘‘ § 7506. Convention tonnage for licenses, certificates,

13 and documents

14 ‘‘Notwithstanding any provision of sections 14302(c)

15 or 14305 of this title, the Secretary may evaluate the serv16 ice of an individual who is applying for a license, a certifi17 cate of registry, or a merchant mariner’s document by

18 using the tonnage as measured under chapter 143 of this

19 title for the vessels on which that service was acquired,

20 and may issue the license, certificate, or document based

21 on that service.’’.

22 (b) The analysis to chapter 75 of title 46, United

23 States Code, is amended by adding a new catchline at the

24 end to read as follows:

‘‘Sec. 7506. Convention tonnage for licenses, certificates, and documents.’’.
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1 SEC. 406. INCREASED CIVIL PENALTIES.

2 (a) PENALTY FOR FAILURE TO REPORT A CAS3 UALTY.—Section 6103(a) of title 46, United States Code,

4 is amended by striking ‘‘$1,000’’ and inserting ‘‘not more

5 than $25,000’’.

6 (b) OPERATION OF UNINSPECTED VESSEL IN VIOLA7 TION OF MANNING REQUIREMENTS.—Section 8906 of

8 title 46, United States Code, is amended by striking

9 ‘‘$1,000’’ and inserting ‘‘not more than $25,000’’.

10 TITLE V—ESTABLISHMENT OF ALTER11 NATE CONVENTION TONNAGE (ITC)

12 THRESHOLDS

13 SEC. 501. MEASUREMENT OF VESSELS.

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

15 amended by redesignating the existing section as a sub16 section (a) and adding a new subsection (b) to read as

17 follows:

18 ‘‘(b) Where a statute allows for an alternate tonnage

19 to be prescribed under this section, the Secretary may pre20 scribe it by regulation. The alternate tonnage shall, to the

21 maximum extent possible, be equivalent to the statutorily

22 established tonnage. Until an alternate tonnage is pre23 scribed, the statutorily established tonnage shall apply to

24 vessels measured under chapter 143 or chapter 145 of this

25 title.’’.
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1 SEC. 502. LONGSHORE AND HARBOR WORKERS COMPENSA2 TION.

3 Section 3(d) of the Longshore and Harbor Workers

4 Act (33 U.S.C. 903) is amended by inserting in subpara5 graph (3)(B) after ‘‘1,600 tons gross’’ the words ‘‘as

6 measured under section 14502 of title 46, United States

7 Code, or an alternate tonnage measured under section

8 14302 of title 46, United States Code as prescribed by

9 the Secretary under section 14104 of title 46, United

10 States Code’’.

11 SEC. 503. RADIOTELEPHONE REQUIREMENTS.

12 Section 4(a)(2) of the Vessel Bridge-to-Bridge Radio13 telephone Act (33 U.S.C. 1203(a)(2)) is amended by in14 serting after ‘‘one hundred gross tons’’ the words ‘‘as

15 measured under 46 U.S.C. 14502 or an alternate tonnage

16 measured under 46 U.S.C. 14302 as prescribed by the

17 Secretary under 46 U.S.C. 14104’’.

18 SEC. 504. VESSEL OPERATING REQUIREMENTS.

19 Section 4(a)(3) of the Port and Tanker Safety Act

20 (33 U.S.C. 1223(a)(3)) is amended by inserting after

21 ‘‘300 gross tons’’ the words ‘‘as measured under 46

22 U.S.C. 14502 or an alternate tonnage measured under 46

23 U.S.C. 14302 as prescribed by the Secretary under 46

24 U.S.C. 14104’’.
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1 SEC. 505. MERCHANT MARINE ACT, 1920.

2 Section 27A of the Act of June 5, 1920, (46 U.S.C.

3 App. 883–1), as amended, is further amended by inserting

4 after ‘‘five hundred gross tons’’ the words ‘‘as measured

5 under 46 U.S.C. 14502 or an alternate tonnage measured

6 under 46 U.S.C. 14302 as prescribed by the Secretary

7 under 46 U.S.C. 14104’’.

8 SEC. 506. MERCHANT MARINE ACT, 1920.

9 Section 2 of the Act of June 14, 1956, (46 U.S.C.

10 App. 883a) is amended by inserting after ‘‘five hundred

11 gross tons’’ the words ‘‘as measured under 46 U.S.C.

12 14502 or an alternate tonnage measured under 46 U.S.C.

13 14302 as prescribed by the Secretary under 46 U.S.C.

14 14104’’.

15 SEC. 507. MARITIME EDUCATION AND TRAINING.

16 Section 1302(4)(A) of the Maritime Education and

17 Training Act of 1980 (46 U.S.C. App. 1295a(4)(a)) is

18 amended by inserting after ‘‘1,000 gross tons or more’’

19 the words ‘‘as measured under 46 U.S.C. 14502 or an

20 alternate tonnage measured under 46 U.S.C. 14302 as

21 prescribed by the Secretary under 46 U.S.C. 14104’’.

22 SEC. 508. GENERAL DEFINITIONS.

23 Section 2101 of title 46, United States Code, is

24 amended—

25 (1) in paragraph (13), by inserting after ‘‘15

26 gross tons’’ the words ‘‘as measured under 46
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1 U.S.C. 14502 or an alternate tonnage measured

2 under 46 U.S.C. 14302 as prescribed by the Sec3 retary under 46 U.S.C. 14104’’;

4 (2) in paragraph (13a), by inserting after

5 ‘‘3,500 gross tons’’ the words ‘‘as measured under

6 46 U.S.C. 14502 or an alternate tonnage measured

7 under 46 U.S.C. 14302 as prescribed by the Sec8 retary under 46 U.S.C. 14104’’;

9 (3) in paragraph (19), by inserting after ‘‘500

10 gross tons’’ the words ‘‘as measured under 46

11 U.S.C. 14502 or an alternate tonnage measured

12 under 46 U.S.C. 14302 as prescribed by the Sec13 retary under 46 U.S.C. 14104’’;

14 (4) in paragraph (22), by inserting after ‘‘100

15 gross tons’’ the words ‘‘as measured under 46

16 U.S.C. 14502 or an alternate tonnage measured

17 under 46 U.S.C. 14302 as prescribed by the Sec18 retary under 46 U.S.C. 14104’’;

19 (5) in paragraph (30)(A), by inserting after

20 ‘‘500 gross tons’’ the words ‘‘as measured under 46

21 U.S.C. 14502 or an alternate tonnage measured

22 under 46 U.S.C. 14302 as prescribed by the Sec23 retary under 46 U.S.C. 14104’’;

24 (6) in paragraph (32), by inserting after ‘‘100

25 gross tons’’ the words ‘‘as measured under 46
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1 U.S.C. 14502 or an alternate tonnage measured

2 under 46 U.S.C. 14302 as prescribed by the Sec3 retary under 46 U.S.C. 14104’’;

4 (7) in paragraph (33), by inserting after ‘‘300

5 gross tons’’ the words ‘‘as measured under 46

6 U.S.C. 14502 or an alternate tonnage measured

7 under 46 U.S.C. 14302 as prescribed by the Sec8 retary under 46 U.S.C. 14104’’;

9 (8) in paragraph (35), by inserting after ‘‘100

10 gross tons’’ the words ‘‘as measured under 46

11 U.S.C. 14502 or an alternate tonnage measured

12 under 46 U.S.C. 14302 as prescribed by the Sec13 retary under 46 U.S.C. 14104’’; and

14 (9) in paragraph (42), by inserting after ‘‘100

15 gross tons’’, each time it appears, the words ‘‘as

16 measured under 46 U.S.C. 14502 or an alternate

17 tonnage measured under 46 U.S.C. 14302 as pre18 scribed by the Secretary under 46 U.S.C. 14104’’.

19 SEC. 509. AUTHORITY TO EXCEPT CERTAIN VESSELS.

20 Section 2113 of title 46, United States Code, is

21 amended—

22 (1) in paragraph (4), by inserting after ‘‘at

23 least 100 gross tons but less than 300 gross tons’’

24 the words ‘‘as measured under 46 U.S.C. 14502 or

25 an alternate tonnage measured under 46 U.S.C.
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1 14302 as prescribed by the Secretary under 46

2 U.S.C. 14104’’; and

3 (2) in paragraph (5), by inserting after ‘‘at

4 least 100 gross tons but less than 500 gross tons’’

5 the words ‘‘as measured under 46 U.S.C. 14502 or

6 an alternate tonnage measured under 46 U.S.C.

7 14302 as prescribed by the Secretary under 46

8 U.S.C. 14104’’.

9 SEC. 510. INSPECTION OF VESSELS.

10 Section 3302 of title 46, United States Code, is

11 amended—

12 (1) in subsection (c)(1), by inserting after

13 ‘‘5,000 gross tons’’ the words ‘‘as measured under

14 46 U.S.C. 14502 or an alternate tonnage measured

15 under 46 U.S.C. 14302 as prescribed by the Sec16 retary under 46 U.S.C. 14104’’;

17 (2) in subsection (c)(2), by inserting after ‘‘500

18 gross tons’’ the words ‘‘as measured under 46

19 U.S.C. 14502 or an alternate tonnage measured

20 under 46 U.S.C. 14302 as prescribed by the Sec21 retary under 46 U.S.C. 14104’’;

22 (3) in subsection (c)(3), by inserting after ‘‘500

23 gross tons’’ the words ‘‘as measured under 46

24 U.S.C. 14502 or an alternate tonnage measured
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1 under 46 U.S.C. 14302 as prescribed by the Sec2 retary under 46 U.S.C. 14104’’;

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

4 ‘‘500 gross tons’’ the words ‘‘as measured under 46

5 U.S.C. 14502 or an alternate tonnage measured

6 under 46 U.S.C. 14302 as prescribed by the Sec7 retary under 46 U.S.C. 14104’’;

8 (5) in subsection (d)(1), by inserting after ‘‘150

9 gross tons’’ the words ‘‘as measured under 46

10 U.S.C. 14502 or an alternate tonnage measured

11 under 46 U.S.C. 14302 as prescribed by the Sec12 retary under 46 U.S.C. 14104’’;

13 (6) in subsection (i)(1)(A), by inserting after

14 ‘‘300 gross tons’’ the words ‘‘as measured under 46

15 U.S.C. 14502 or an alternate tonnage measured

16 under 46 U.S.C. 14302 as prescribed by the Sec17 retary under 46 U.S.C. 14104’’; and

18 (7) in subsection (j), by inserting after ‘‘15

19 gross tons’’ the words ‘‘as measured under 46

20 U.S.C. 14502 or an alternate tonnage measured

21 under 46 U.S.C. 14302 as prescribed by the Sec22 retary under 46 U.S.C. 14104’’.

23 SEC. 511. REGULATIONS.

24 Section 3306 of title 46, United States Code, is

25 amended—
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1 (1) in subsection (h), by inserting after ‘‘at

2 least 100 gross tons but less than 300 gross tons’’

3 the words ‘‘as measured under 46 U.S.C. 14502 or

4 an alternate tonnage measured under 46 U.S.C.

5 14302 as prescribed by the Secretary under 46

6 U.S.C. 14104’’; and

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

8 100 gross tons but less than 500 gross tons’’ the

9 words ‘‘as measured under 46 U.S.C. 14502 or an

10 alternate tonnage measured under 46 U.S.C. 14302

11 as prescribed by the Secretary under 46 U.S.C.

12 14104’’.

13 SEC. 512. FREQUENCY OF INSPECTION.

14 Section 3307(2) of title 46, United States Code, is

15 amended by inserting after ‘‘100 gross tons’’ the words

16 ‘‘as measured under 46 U.S.C. 14502 or an alternate ton17 nage measured under 46 U.S.C. 14302 as prescribed by

18 the Secretary under 46 U.S.C. 14104’’.

19 SEC. 513. PENALTIES—INSPECTION OF VESSELS.

20 Section 3318 of title 46, United States Code, is

21 amended—

22 (1) in subsection (a), by inserting after ‘‘100

23 gross tons’’ the words ‘‘as measured under 46

24 U.S.C. 14502 or an alternate tonnage measured
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1 under 46 U.S.C. 14302 as prescribed by the Sec2 retary under 46 U.S.C. 14104’’; and

3 (2) in subsection (j)(1), by inserting after

4 ‘‘1,600 gross tons’’ the words ‘‘as measured under

5 46 U.S.C. 14502 or an alternate tonnage measured

6 under 46 U.S.C. 14302 as prescribed by the Sec7 retary under 46 U.S.C. 14104’’.

8 SEC. 514. APPLICATION—TANK VESSELS.

9 Section 3702 of title 46, United States Code, is

10 amended—

11 (1) in subsection (b)(1), by inserting after ‘‘500

12 gross tons’’ the words ‘‘as measured under 46

13 U.S.C. 14502 or an alternate tonnage measured

14 under 46 U.S.C. 14302 as prescribed by the Sec15 retary under 46 U.S.C. 14104’’;

16 (2) in subsection (c), by inserting after ‘‘500

17 gross tons’’ the words ‘‘as measured under 46

18 U.S.C. 14502 or an alternate tonnage measured

19 under 46 U.S.C. 14302 as prescribed by the Sec20 retary under 46 U.S.C. 14104’’; and

21 (3) in subsection (d), by inserting after ‘‘5,000

22 gross tons’’ the words ‘‘as measured under 46

23 U.S.C. 14502 or an alternate tonnage measured

24 under 46 U.S.C. 14302 as prescribed by the Sec25 retary under 46 U.S.C. 14104’’.
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1 SEC. 515. TANK VESSEL CONSTRUCTION STANDARDS.

2 Section 3703a of title 46, United States Code, is

3 amended—

4 (1) in subsection (b)(2), by inserting after

5 ‘‘5,000 gross tons’’ the words ‘‘as measured under

6 46 U.S.C. 14502 or an alternate tonnage measured

7 under 46 U.S.C. 14302 as prescribed by the Sec8 retary under 46 U.S.C. 14104’’;

9 (2) in subsection (c)(2), by inserting after

10 ‘‘5,000 gross tons’’ each place they occur, the words

11 ‘‘as measured under 46 U.S.C. 14502 or an alter12 nate tonnage measured under 46 U.S.C. 14302 as

13 prescribed by the Secretary under 46 U.S.C.

14 14104’’;

15 (3) in subsection (c)(3)(A), by inserting after

16 ‘‘15,000 gross tons’’ the words ‘‘as measured under

17 46 U.S.C. 14502 or an alternate tonnage measured

18 under 46 U.S.C. 14302 as prescribed by the Sec19 retary under 46 U.S.C. 14104’’;

20 (4) in subsection (c)(3)(B), by inserting after

21 ‘‘30,000 gross tons’’ the words ‘‘as measured under

22 46 U.S.C. 14502 or an alternate tonnage measured

23 under 46 U.S.C. 14302 as prescribed by the Sec24 retary under 46 U.S.C. 14104’’; and

25 (5) in subsection (c)(3)(C), by inserting after

26 ‘‘30,000 gross tons’’ the words ‘‘as measured under
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1 46 U.S.C. 14502 or an alternate tonnage measured

2 under 46 U.S.C. 14302 as prescribed by the Sec3 retary under 46 U.S.C. 14104’’.

4 SEC. 516. TANKER MINIMUM STANDARDS.

5 Section 3707 of title 46, United States Code, is

6 amended—

7 (1) in subsection (a), by inserting after ‘‘10,000

8 gross tons’’ the words ‘‘as measured under 46

9 U.S.C. 14502 or an alternate tonnage measured

10 under 46 U.S.C. 14302 as prescribed by the Sec11 retary under 46 U.S.C. 14104’’; and

12 (2) in subsection (b), by inserting after ‘‘10,000

13 gross tons’’ the words ‘‘as measured under 46

14 U.S.C. 14502 or an alternate tonnage measured

15 under 46 U.S.C. 14302 as prescribed by the Sec16 retary under 46 U.S.C. 14104’’.

17 SEC. 517. SELF-PROPELLED TANK VESSEL MINIMUM

18 STANDARDS.

19 Section 3708 of title 46, United States Code, is

20 amended by inserting after ‘‘10,000 gross tons’’ the words

21 ‘‘as measured under 46 U.S.C. 14502 or an alternate ton22 nage measured under 46 U.S.C. 14302 as prescribed by

23 the Secretary under 46 U.S.C. 14104’’.
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1 SEC. 518. DEFINITION—ABANDONMENT OF BARGES.

2 Section 4701(l) of title 46, United States Code, is

3 amended by inserting after ‘‘100 gross tons’’ the words

4 ‘‘as measured under 46 U.S.C. 14502 or an alternate ton5 nage measured under 46 U.S.C. 14302 as prescribed by

6 the Secretary under 46 U.S.C. 14104’’.

7 SEC. 519. APPLICATION—LOAD LINES.

8 Section 5102(b) of title 46, United States Code, is

9 amended—

10 (1) in paragraph (4), by inserting after ‘‘5,000

11 gross tons’’ the words ‘‘as measured under 46

12 U.S.C. 14502 or an alternate tonnage measured

13 under 46 U.S.C. 14302 as prescribed by the Sec14 retary under 46 U.S.C. 14104’’;

15 (2) in paragraph (5), by inserting after ‘‘500

16 gross tons’’ the words ‘‘as measured under 46

17 U.S.C. 14502 or an alternate tonnage measured

18 under 46 U.S.C. 14302 as prescribed by the Sec19 retary under 46 U.S.C. 14104’’; and

20 (3) in paragraph (10), by inserting after ‘‘150

21 gross tons’’ the words ‘‘as measured under 46

22 U.S.C. 14502 or an alternate tonnage measured

23 under 46 U.S.C. 14302 as prescribed by the Sec24 retary under 46 U.S.C. 14104’’.
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1 SEC. 520. LICENSING OF INDIVIDUALS.

2 Section 7101(e)(3) of title 46, United States Code,

3 is amended by inserting after ‘‘1,600 gross tons’’ the

4 words ‘‘as measured under 46 U.S.C. 14502 or an alter5 nate tonnage measured under 46 U.S.C. 14302 as pre6 scribed by the Secretary under 46 U.S.C. 14104’’.

7 SEC. 521. ABLE SEAMEN—LIMITED.

8 Section 7308 of title 46, United States Code, is

9 amended by inserting after ‘‘100 gross tons’’ the words

10 ‘‘as measured under 46 U.S.C. 14502 or an alternate ton11 nage measured under 46 U.S.C. 14302 as prescribed by

12 the Secretary under 46 U.S.C. 14104’’.

13 SEC. 522. ABLE SEAMEN—OFFSHORE SUPPLY VESSELS.

14 Section 7310 of title 46, United States Code, is

15 amended by inserting after ‘‘500 gross tons’’ the words

16 ‘‘as measured under 46 U.S.C. 14502 or an alternate ton17 nage measured under 46 U.S.C. 14302 as prescribed by

18 the Secretary under 46 U.S.C. 14104’’.

19 SEC. 523. SCALE OF EMPLOYMENT—ABLE SEAMEN.

20 Section 7312 of title 46, United States Code, is

21 amended—

22 (1) in subsection (b), by inserting after ‘‘1,600

23 gross tons’’ the words ‘‘as measured under 46

24 U.S.C. 14502 or an alternate tonnage measured

25 under 46 U.S.C. 14302 as prescribed by the Sec26 retary under 46 U.S.C. 14104’’;
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1 (2) in subsection (c)(1), by inserting after ‘‘500

2 gross tons’’ the words ‘‘as measured under 46

3 U.S.C. 14502 or an alternate tonnage measured

4 under 46 U.S.C. 14302 as prescribed by the Sec5 retary under 46 U.S.C. 14104’’;

6 (3) in subsection (d), by inserting after ‘‘500

7 gross tons’’ the words ‘‘as measured under 46

8 U.S.C. 14502 or an alternate tonnage measured

9 under 46 U.S.C. 14302 as prescribed by the Sec10 retary under 46 U.S.C. 14104’’;

11 (4) in subsection (f)(1), by inserting after

12 ‘‘5,000 gross tons’’ the words ‘‘as measured under

13 46 U.S.C. 14502 or an alternate tonnage measured

14 under 46 U.S.C. 14302 as prescribed by the Sec15 retary under 46 U.S.C. 14104’’; and

16 (5) in subsection (f)(2), by inserting after

17 ‘‘5,000 gross tons’’ the words ‘‘as measured under

18 46 U.S.C. 14502 or an alternate tonnage measured

19 under 46 U.S.C. 14302 as prescribed by the Sec20 retary under 46 U.S.C. 14104’’.

21 SEC. 524. GENERAL REQUIREMENTS—ENGINE DEPART22 MENT.

23 Section 7313(a) of title 46, United States Code, is

24 amended by inserting after ‘‘100 gross tons’’ the words

25 ‘‘as measured under 46 U.S.C. 14502 or an alternate ton-
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1 nage measured under 46 U.S.C. 14302 as prescribed by

2 the Secretary under 46 U.S.C. 14104’’.

3 SEC. 525. COMPLEMENT OF INSPECTED VESSELS.

4 Section 8101(h) of title 46, United States Code, is

5 amended by inserting after ‘‘100 gross tons’’ the words

6 ‘‘as measured under 46 U.S.C. 14502 or an alternate ton7 nage measured under 46 U.S.C. 14302 as prescribed by

8 the Secretary under 46 U.S.C. 14104’’.

9 SEC. 526. WATCHMEN.

10 Section 8102(b) of title 46, United States Code, is

11 amended by inserting after ‘‘100 gross tons’’ the words

12 ‘‘as measured under 46 U.S.C. 14502 or an alternate ton13 nage measured under 46 U.S.C. 14302 as prescribed by

14 the Secretary under 46 U.S.C. 14104’’.

15 SEC. 527. CITIZENSHIP AND NAVAL RESERVE REQUIRE16 MENTS.

17 Section 8103(b)(3)(A) of title 46, United States

18 Code, is amended by inserting after ‘‘1,600 gross tons’’

19 the words ‘‘as measured under 46 U.S.C. 14502 or an

20 alternate tonnage measured under 46 U.S.C. 14302 as

21 prescribed by the Secretary under 46 U.S.C. 14104’’.

22 SEC. 528. WATCHES.

23 Section 8104 of title 46, United States Code, is

24 amended—
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1 (1) in subsection (b), by inserting after ‘‘100

2 gross tons’’ the words ‘‘as measured under 46

3 U.S.C. 14502 or an alternate tonnage measured

4 under 46 U.S.C. 14302 as prescribed by the Sec5 retary under 46 U.S.C. 14104’’;

6 (2) in subsection (d), by inserting after ‘‘100

7 gross tons’’ and after ‘‘5,000 gross tons’’ respec8 tively, each place they appear, the words ‘‘as meas9 ured under 46 U.S.C. 14502 or an alternate tonnage

10 measured under 46 U.S.C. 14302 as prescribed by

11 the Secretary under 46 U.S.C. 14104’’;

12 (3) in subsection (l)(1), by inserting after

13 ‘‘1,600 gross tons’’ the words ‘‘as measured under

14 46 U.S.C. 14502 or an alternate tonnage measured

15 under 46 U.S.C. 14302 as prescribed by the Sec16 retary under 46 U.S.C. 14104’’;

17 (4) in subsection (m)(1), by inserting after

18 ‘‘1,600 gross tons’’ the words ‘‘as measured under

19 46 U.S.C. 14502 or an alternate tonnage measured

20 under 46 U.S.C. 14302 as prescribed by the Sec21 retary under 46 U.S.C. 14104’’;

22 (5) in subsection (o)(1), by inserting after ‘‘500

23 gross tons’’ the words ‘‘as measured under 46

24 U.S.C. 14502 or an alternate tonnage measured
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1 under 46 U.S.C. 14302 as prescribed by the Sec2 retary under 46 U.S.C. 14104’’; and

3 (6) in subsection (o)(2), by inserting after ‘‘500

4 gross tons’’ the words ‘‘as measured under 46

5 U.S.C. 14502 or an alternate tonnage measured

6 under 46 U.S.C. 14302 as prescribed by the Sec7 retary under 46 U.S.C. 14104’’.

8 SEC. 529. MINIMUM NUMBER OF LICENSED INDIVIDUALS.

9 Section 8301 of title 46, United States Code, is

10 amended—

11 (1) in subsection (a)(2), by inserting after

12 ‘‘1,000 gross tons’’ the words ‘‘as measured under

13 46 U.S.C. 14502 or an alternate tonnage measured

14 under 46 U.S.C. 14302 as prescribed by the Sec15 retary under 46 U.S.C. 14104’’;

16 (2) in subsection (a)(3), by inserting after ‘‘at

17 least 200 gross tons but less than 1,000 gross tons’’

18 the words ‘‘as measured under 46 U.S.C. 14502 or

19 an alternate tonnage measured under 46 U.S.C.

20 14302 as prescribed by the Secretary under 46

21 U.S.C. 14104’’;

22 (3) in subsection (a)(4), by inserting after ‘‘at

23 least 100 gross tons but less than 200 gross tons’’

24 the words ‘‘as measured under 46 U.S.C. 14502 or

25 an alternate tonnage measured under 46 U.S.C.
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1 14302 as prescribed by the Secretary under 46

2 U.S.C. 14104’’;

3 (4) in subsection (a)(5), by inserting after ‘‘300

4 gross tons’’ the words ‘‘as measured under 46

5 U.S.C. 14502 or an alternate tonnage measured

6 under 46 U.S.C. 14302 as prescribed by the Sec7 retary under 46 U.S.C. 14104’’;

8 (5) in subsection (b), by inserting after ‘‘200

9 gross tons’’ the words ‘‘as measured under 46

10 U.S.C. 14502 or an alternate tonnage measured

11 under 46 U.S.C. 14302 as prescribed by the Sec12 retary under 46 U.S.C. 14104’’; and

13 (6) in subsection (e)(3), by inserting after ‘‘200

14 gross tons’’ the words ‘‘as measured under 46

15 U.S.C. 14502 or an alternate tonnage measured

16 under 46 U.S.C. 14302 as prescribed by the Sec17 retary under 46 U.S.C. 14104’’.

18 SEC. 530. OFFICERS’ COMPETENCY CERTIFICATE CONVEN19 TION.

20 Section 3304(b)(4) of title 46, United States Code,

21 is amended by inserting after ‘‘200 gross tons’’ the words

22 ‘‘as measured under 46 U.S.C. 14502 or an alternate ton23 nage measured under 46 U.S.C. 14302 as prescribed by

24 the Secretary under 46 U.S.C. 14104’’.
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1 SEC. 531. MERCHANT MARINERS’ DOCUMENTS REQUIRED.

2 Section 8701 of title 46, United States Code, is

3 amended—

4 (1) in subsection (a), by inserting after ‘‘100

5 gross tons’’ the words ‘‘as measured under 46

6 U.S.C. 14502 or an alternate tonnage measured

7 under 46 U.S.C. 14302 as prescribed by the Sec8 retary under 46 U.S.C. 14104’’; and

9 (2) in subsection (a)(6), by inserting after

10 ‘‘1,600 gross tons’’ the words ‘‘as measured under

11 46 U.S.C. 14502 or an alternate tonnage measured

12 under 46 U.S.C. 14302 as prescribed by the Sec13 retary under 46 U.S.C. 14104’’.

14 SEC. 532. CERTAIN CREW REQUIREMENTS.

15 Section 8702 of title 46, United States Code, is

16 amended—

17 (1) in subsection (a), by inserting after ‘‘100

18 gross tons’’ the words ‘‘as measured under 46

19 U.S.C. 14502 or an alternate tonnage measured

20 under 46 U.S.C. 14302 as prescribed by the Sec21 retary under 46 U.S.C. 14104’’; and

22 (2) in subsection (a)(6), by inserting after

23 ‘‘1,600 gross tons’’ the words ‘‘as measured under

24 46 U.S.C. 14502 or an alternate tonnage measured

25 under 46 U.S.C. 14302 as prescribed by the Sec26 retary under 46 U.S.C. 14104’’.
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1 SEC. 533. FREIGHT VESSELS.

2 Section 8901 of title 46, United States Code, is

3 amended by inserting after ‘‘100 gross tons’’ the words

4 ‘‘as measured under 46 U.S.C. 14502 or an alternate ton5 nage measured under 46 U.S.C. 14302 as prescribed by

6 the Secretary under 46 U.S.C. 14104’’.

7 SEC. 534. EXEMPTIONS.

8 Section 8905(b) of title 46, United States Code, is

9 amended by inserting after ‘‘200 gross tons’’ the words

10 ‘‘as measured under 46 U.S.C. 14502 or an alternate ton11 nage measured under 46 U.S.C. 14302 as prescribed by

12 the Secretary under 46 U.S.C. 14104’’.

13 SEC. 535. UNITED STATES REGISTERED PILOT SERVICE.

14 Section 9303(a)(2) of title 46, United States Code,

15 is amended by inserting after ‘‘4,000 gross tons’’ the

16 words ‘‘as measured under 46 U.S.C. 14502 or an alter17 nate tonnage measured under 46 U.S.C. 14302 as pre18 scribed by the Secretary under 46 U.S.C. 14104’’.

19 SEC. 536. DEFINITIONS—MERCHANT SEAMEN PROTECTION.

20 Section 10101(1)(B) of title 46, United States Code,

21 is amended by inserting after ‘‘1,600 gross tons’’ the

22 words ‘‘as measured under 46 U.S.C. 14502 or an alter23 nate tonnage measured under 46 U.S.C. 14302 as pre24 scribed by the Secretary under 46 U.S.C. 14104’’.
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1 SEC. 537. APPLICATION—FOREIGN AND INTERCOASTAL

2 VOYAGES.

3 Section 10301(a)(2) of title 46, United States Code,

4 is amended by inserting after ‘‘75 gross tons’’ the words

5 ‘‘as measured under 46 U.S.C. 14502 or an alternate ton6 nage measured under 46 U.S.C. 14302 as prescribed by

7 the Secretary under 46 U.S.C. 14104’’.

8 SEC. 538. APPLICATION—COASTWISE VOYAGES.

9 Section 10501(a) of title 46, United States Code, is

10 amended by inserting after ‘‘50 gross tons’’ the words ‘‘as

11 measured under 46 U.S.C. 14502 or an alternate tonnage

12 measured under 46 U.S.C. 14302 as prescribed by the

13 Secretary under 46 U.S.C. 14104’’.

14 SEC. 539. FISHING AGREEMENTS.

15 Section 10601(a)(1) of title 46, United States Code,

16 is amended by inserting after ‘‘20 gross tons’’ the words

17 ‘‘as measured under 46 U.S.C. 14502 or an alternate ton18 nage measured under 46 U.S.C. 14302 as prescribed by

19 the Secretary under 46 U.S.C. 14104’’.

20 SEC. 540. ACCOMMODATIONS FOR SEAMEN.

21 Section 11101(a) of title 46, United States Code, is

22 amended by inserting after ‘‘100 gross tons’’ the words

23 ‘‘as measured under 46 U.S.C. 14502 or an alternate ton24 nage measured under 46 U.S.C. 14302 as prescribed by

25 the Secretary under 46 U.S.C. 14104’’.
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1 SEC. 541. MEDICINE CHESTS.

2 Section 11102(a) of title 46, United States Code, is

3 amended by inserting after ‘‘75 gross tons’’ the words ‘‘as

4 measured under 46 U.S.C. 14502 or an alternate tonnage

5 measured under 46 U.S.C. 14302 as prescribed by the

6 Secretary under 46 U.S.C. 14104’’.

7 SEC. 542. LOGBOOK AND ENTRY REQUIREMENTS.

8 Section 11301(a)(2) of title 46, United States Code,

9 is amended by inserting after ‘‘75 gross tons’’ the words

10 ‘‘as measured under 46 U.S.C. 14502 or an alternate ton11 nage measured under 46 U.S.C. 14302 as prescribed by

12 the Secretary under 46 U.S.C. 14104’’.

13 SEC. 543. COASTWISE ENDORSEMENTS.

14 Section 12106(c)(1) of title 46, United States Code,

15 is amended by inserting after ‘‘two hundred gross tons’’

16 the words ‘‘as measured under 46 U.S.C. 14502 or an

17 alternate tonnage measured under 46 U.S.C. 14302 as

18 prescribed by the Secretary under 46 U.S.C. 14104’’.

19 SEC. 544. FISHERY ENDORSEMENTS.

20 Section 12108(c)(1) of title 46, United States Code,

21 is amended by inserting after ‘‘two hundred gross tons’’

22 the words ‘‘as measured under 46 U.S.C. 14502 or an

23 alternate tonnage measured under 46 U.S.C. 14302 as

24 prescribed by the Secretary under 46 U.S.C. 14104’’
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1 TITLE VI—MISCELLANEOUS

2 AMENDMENTS

3 SEC. 601. JURISDICTION OVER VESSELS ENGAGED IN

4 DRIFTNET FISHING ON THE HIGH SEAS.

5 (a) Section 1802(32) of title 16, United States Code,

6 is amended by adding the following new subsection:

7 ‘‘(32) The term ‘vessel subject to the jurisdiction of

8 the United States’ has the meaning given the term in the

9 Maritime Drug Law Enforcement Act (46 U.S.C. App.

10 1903(c));’’

11 and by renumbering the existing paragraph (32) as para12 graph (33).

13 (b) Section 1857(1)(M) of title 16, United States

14 Code, is amended by deleting the existing subsection and

15 substituting the following:

16 ‘‘(M) on board a vessel of the United States or

17 a vessel subject to the jurisdiction of the United

18 States, to engage in large-scale driftnet fishing upon

19 the high seas beyond the Exclusive Economic Zone

20 of any nation or within the Exclusive Economic

21 Zone of the United States. It shall be a rebuttable

22 presumption that any vessel that is shoreward of the

23 outer boundary of the exclusive economic zone of the

24 United States or beyond the exclusive economic zone

25 of any nation, and that has on board gear that is
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1 capable of use for large-scale driftnet fishing, is en2 gaged in such fishing; or’’.

3 SEC. 602. IMPROVED AUTHORITY TO SELL RECYCLABLE

4 MATERIAL.

5 (a) Section 641(c)(2) of title 14, United States Code,

6 is amended to read as follows:

7 ‘‘(2) Notwithstanding any other law, where the esti8 mated proceeds from a sale will not exceed $5,000, recy9 clable materials may be sold by a modified negotiated sale

10 by Coast Guard units having qualified recycling programs.

11 All other sales of recyclable materials shall be governed

12 by section 203 of the Federal Property and Administrative

13 Services Act of 1949 (40 U.S.C. 484).’’

14 (b) Section 641 of title 14, United States Code, is

15 amended by redesignating subsection (e) as subsection (f),

16 and inserting after (d) the following new subsection:

17 ‘‘(e) The following definitions apply to subsections (c)

18 and (d) of this section:

19 ‘‘(1) ‘Recyclable materials’ means those mate20 rials that—

21 ‘‘(A) have no value other than the intrinsic

22 value of their raw materials;

23 ‘‘(B) require physical or chemical process24 ing to be reused; and
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1 ‘‘(C) would be discarded to become part of

2 the waste stream unless recycled.

3 ‘‘(2) ‘Modified negotiated sale’ means a sale in4 volving oral or written solicitation of bidders, with

5 the award going to the highest bidder. The Com6 mandant shall prescribe regulations governing these

7 sales.’’.

8 SEC. 603. SHIP RADIO INSTALLATIONS FOR PASSENGER

9 AND CARGO VESSELS.

10 The Communications Act of 1934 (47 U.S.C. 151,

11 et seq.) is amended—

12 (1) by amending the heading for Subchapter

13 III, Part II of the Communications Act of 1934 in

14 the table of sections at the beginning of chapter 5

15 of title 47, United States Code, by striking ‘‘RADIO

16 EQUIPMENT AND RADIO OPERATORS ON BOARD

17 SHIP’’ and inserting ‘‘SHIP RADIO INSTALLATIONS

18 FOR PASSENGER AND CARGO VESSELS’’;

19 (2) by amending section 351 (47 U.S.C. 351)

20 to read as follows:

21 ‘‘(a) Except as provided for in section 352 hereof, it

22 shall be unlawful for any United States passenger vessel,

23 or for any United States cargo vessel three hundred gross

24 tons or over, to operate in the open sea outside of a harbor

25 or port, or for any such ship of the United States or any
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1 foreign country, to leave or attempt to leave any harbor

2 or port of the United States to operate in the open sea,

3 unless such ship is equipped with an efficient radio station

4 installation that complies with the radio communications

5 provisions of the Safety Convention as specified by the

6 Commission.

7 ‘‘(b) The radio station installation and watch require8 ments shall be sufficient—

9 ‘‘(1) to alert other ships and shore-based facili10 ties by at least two separate and independent sys11 tems;

12 ‘‘(2) to receive distress alerts from other ships

13 and from shore;

14 ‘‘(3) to communicate with other ships and with

15 shore; and

16 ‘‘(4) to receive transmissions of maritime safety

17 information.

18 ‘‘(c) Each vessel equipped with a radio station instal19 lation in accordance with this part shall have on board

20 two persons who are knowledgeable in the operation of the

21 radio equipment and are licensed by the Commission in

22 a manner the Commission deems appropriate.

23 ‘‘(d) Radio equipment required by this part shall be

24 maintained in a manner consistent with the provisions of

25 the Safety Convention, by one or a combination of the fol-
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1 lowing methods, as specified by the Commission: duplica2 tion of equipment, shore-based maintenance, or at-sea

3 electronic maintenance capability.’’;

4 (3) by amending the section heading for section

5 351 by striking ‘‘Ship radio stations and oper6 ations.’’ and inserting ‘‘Vessels subject to this

7 part.’’;

8 (4) by amending the item relating to section

9 351 in the table of sections at the beginning of chap10 ter 5 of title 47, United States Code, by striking

11 ‘‘Ship radio stations and operations.’’ and inserting

12 ‘‘Vessels subject to this part.’’;

13 (5) by amending section 352(a)(2) (47 U.S.C.

14 352(a)(2)) by striking the balance of the subpara15 graph after the words ‘‘by the Government’’;

16 (6) by amending section 352(b) (47 U.S.C.

17 352(b)) to read as follows:

18 ‘‘Except for nuclear ships, the Commission may ex19 empt from the radio station provisions of this part any

20 ship or any class of ships that complies with the functional

21 requirements of section 351(b) if the conditions affecting

22 safety are such as to render full application of the provi23 sions of this part unreasonable or unnecessary. When de24 ciding whether to grant such an exemption, the Commis25 sion shall have regard for the effect that such exemption
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1 might have on the general efficiency of the service for the

2 safety of all ships.’’;

3 (7) by striking sections 352(c) and (d) (47

4 U.S.C. 352(c), (d));

5 (8) by amending section 353 (47 U.S.C. 353)

6 to read as follows:

7 ‘‘The Commission shall have authority with respect

8 to any vessel subject to this part—

9 ‘‘(a) to specify radio operator qualifications,

10 radio installation operating, technical, and environ11 mental characteristic, including frequencies,

12 emmissions, power, receiver characteristics, commu13 nications capability, and range;

14 ‘‘(b) to approve installations, apparatus, and

15 spare parts necessary to comply with the purposes

16 and requirements of this part;

17 ‘‘(c) to prescribe any additional equipment nec18 essary for the proper functioning of the radio equip19 ment installed in accordance with this part or for

20 the proper conduct of radio communications in time

21 of emergency or distress; and

22 ‘‘(d) to approve the details concerning the loca23 tion and manner of installation of equipment nec24 essary to meet the purposes and requirements of this

25 part.’’;
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1 (9) by amending the section heading for section

2 353 by striking ‘‘Radio equipment and operators.’’

3 and inserting ‘‘Ship radio station installation oper4 ation.’’;

5 (10) by amending the item relating to section

6 353 in the table of sections at the beginning of chap7 ter 5 of title 47, United States Code, by striking

8 ‘‘Radio equipment and operators.’’ and inserting

9 ‘‘Ship radio station installation operation.’’;

10 (11) by striking sections 354–358 (47 U.S.C.

11 354–358); and

12 (12) the table of sections at the beginning of

13 chapter 5 of title 47, United States Code, is amend14 ed by striking all items relating to sections 354–358.

15 TITLE VII—STATE RECREATIONAL

16 BOATING SAFETY FUNDING

17 SEC. 701. BOATING SAFETY GRANTS.

18 (a) TRANSFER OF AMOUNTS FOR STATE BOATING

19 SAFETY PROGRAMS.—

20 (1) TRANSFERS.—Section 4(b) of the Act of

21 August 9, 1950 (16 U.S.C. 777c(b)), is amended to

22 read as follows:

23 ‘‘(b)(1) Of the balance of each annual appropriation

24 remaining after making the distribution under subsection

25 (a), an amount equal to $40,000,000 for fiscal year 1996,
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1 $55,000,000 for fiscal year 1997, and $69,000,000 for

2 each of fiscal years 1998 and 1999, shall, subject to para3 graph (2), be used as follows:

4 ‘‘(A) A sum equal to $10,000,000 of the

5 amount available for each of fiscal years 1996

6 through 1999 shall be available for use by the Sec7 retary of the Interior for grants under section

8 5604(c) of the Clean Vessel Act of 1992. Any por9 tion of such a sum available for a fiscal year that

10 is not obligated for those grants before the end of

11 the following fiscal year shall be transferred to the

12 Secretary of Transportation and shall be expended

13 by the Secretary of Transportation for State rec14 reational boating safety programs under section

15 13106 of title 46, United States Code.

16 ‘‘(B) A sum equal to $30,000,000 of the

17 amount available for fiscal year 1996, $45,000,000

18 of the amount available for fiscal year 1997, and

19 $59,000,000 of the amount available for each of fis20 cal years 1998 and 1999, shall be transferred to the

21 Secretary of Transportation and shall be expended

22 by the Secretary of Transportation for State rec23 reational boating safety programs under section

24 13106 of title 46, United States Code.
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1 Any portion of such a sum available for a fiscal year that

2 is not obligated for those grants before the end of the fol3 lowing fiscal year shall be transferred to the Secretary of

4 Transportation and shall be expended by the Secretary of

5 Transportation for State recreational boating safety pro6 grams under section 13106 of title 46, United States

7 Code.

8 ‘‘(2)(A) The amount transferred under paragraph

9 (1)(B) for a fiscal year shall be reduced by the lesser of—

10 ‘‘(i) the amount appropriated to the Secretary

11 of Transportation for the fiscal year to carry out the

12 purposes of section 13106 of title 46, United States

13 Code, from the Boat Safety Account in the Aquatic

14 Resources Trust Fund established under section

15 9504 of the Internal Revenue Code of 1986; or

16 ‘‘(ii) $35,000,000; or

17 ‘‘(iii) for fiscal year 1996 only, $30,000,000.

18 ‘‘(B) The amount of any reduction under subpara19 graph (A) shall be apportioned among the several States

20 under subsection (d) by the Secretary of the Interior.’’.

21 (2) CONFORMING AMENDMENT.—Section

22 5604(c)(1) of the Clean Vessel Act of 1992 (33

23 U.S.C. 1322 note) is amended by striking ‘‘section

24 4(b)(2) of the Act of August 9, 1950 (16 U.S.C.

25 777c(b)(2), as amended by this Act)’’ and inserting
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1 ‘‘section 4(b)(1) of the Act of August 9, 1950 (16

2 U.S.C. 777c(b)(1))’’.

3 (3) LIMITATION ON OTHER DISTRIBUTION.—

4 Notwithstanding any other provision of law, for fis5 cal year 1996, of the amount appropriated in ac6 cordance with section 3 of the Act of August 9,

7 1950 (16 U.S.C. 777b), $20,000,000 shall be ex8 cluded from the total amount subject to the eighteen

9 percent calculation of section 4(a) of such Act (16

10 U.S.C. 777c(a)).

11 (b) EXPENDITURE OF AMOUNTS FOR STATE REC12 REATIONAL BOATING SAFETY PROGRAMS.—Section

13 13106 of title 46, United States Code, is amended—

14 (1) in subsection (a)(1) by striking the first

15 sentence and inserting the following: ‘‘Subject to

16 paragraph (2), the Secretary may expend under con17 tracts with States under this chapter in each fiscal

18 year for State recreational boating safety programs

19 an amount equal to the sum of the amount appro20 priated from the Boat Safety Account for that fiscal

21 year plus the amount transferred to the Secretary

22 under section 4(b)(1) of the Act of August 9, 1950

23 (16 U.S.C. 777c(b)(1)) for that fiscal year.’’; and

24 (2) by amending subsection (c) to read as fol25 lows:
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1 ‘‘(c) For expenditure under this chapter for State rec2 reational boating safety programs there are authorized to

3 be appropriated to the Secretary of Transportation from

4 the Boat Safety Account established under section 9504

5 of the Internal Revenue Code of 1986 (26 U.S.C. 9504)

6 not more than $35,000,000 each fiscal year.’’.

7 TITLE VIII—PERSONNEL MANAGEMENT

8 IMPROVEMENT

9 SEC. 801. FUNDS FOR RECRUITING.

10 Section 468 of title 14, United States Code, is

11 amended to read after the heading:

12 ‘‘The Coast Guard may expend operating expense

13 funds for recruiting activities, including but not limited

14 to advertising and entertainment, in order to:

15 (1) obtain recruits for the Service and cadet ap16 plicants; and

17 (2) gain support of recruiting objectives from

18 those who may assist in the recruiting effort.’’.

19 SEC. 802. PROVISION OF CHILD DEVELOPMENT SERVICES.

20 (a) Title 14, United States Code, is amended by in21 serting after section 514 the following new section:

22 ‘‘§ 515. Child development services

23 ‘‘(a) The Secretary may make child development serv24 ices available for members of the armed forces and Fed25 eral civilian employees. From funds appropriated to the
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1 department in which the Coast Guard is operating, such

2 sums may be expended as are necessary to carry out this

3 program. Child development service benefits provided

4 under the authority of this section shall be in addition to

5 benefits provided under existing programs.

6 ‘‘(b) For purposes of this section, the term ‘Coast

7 Guard child development center’ includes a ‘military child

8 development center’, as that term is defined by section

9 1501(b)(1) of the Military Child Care Act of 1989 (10

10 U.S.C. 113 note), but does not include contractor operated

11 centers or government/contractor cooperatives established

12 under section 490b of title 40, United States Code. The

13 term ‘child care fee receipts’ shall have the same meaning

14 as defined by section 1501(b)(4) of the Military Child

15 Care Act of 1989.

16 ‘‘(c)(1) Except as provided in paragraph (2) as, the

17 Secretary may require child care fee receipts to be used

18 only for compensation of child development center employ19 ees who are directly involved in providing child care.

20 ‘‘(2) If the Secretary determines that compliance with

21 the limitation in paragraph (1) would result in an uneco22 nomical and inefficient use of such fee receipts, the Sec23 retary may (to the extent that such compliance would be

24 uneconomical and inefficient) use such receipts—
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1 ‘‘(A) for the purchase of consumable or dispos2 able items for Coast Guard child development cen3 ters; and

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

5 consumable or disposable items for a given fiscal

6 year have been met, for other expenses of those cen7 ters.

8 ‘‘(d) The Secretary shall prescribe regulations for es9 tablishing and collecting fees to be charged parents for

10 the attendance of children at Coast Guard child develop11 ment centers. Those regulations shall require that, in the

12 case of children who attend the centers on a regular basis,

13 the fees shall be based on family income.

14 ‘‘(e)(1) The Secretary shall establish a training pro15 gram for child development center employees. Subject to

16 paragraph (2), satisfactory completion of the training pro17 gram shall be a condition of employment of any person

18 as a child development center employee.

19 ‘‘(2) The Secretary shall require that each child de20 velopment center employee complete the training program

21 not later than six months after the date on which the em22 ployee is employed as a child development center employee

23 (except that, in the case of a child development center em24 ployee hired before the date on which the training program
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1 is established, the employee shall complete the program

2 not later than six months after that date).

3 ‘‘(3) The training program established under this

4 subsection shall cover, at a minimum, training in the fol5 lowing:

6 ‘‘(A) Early childhood development.

7 ‘‘(B) Activities and disciplinary techniques ap8 propriate to children of different ages.

9 ‘‘(C) Child abuse prevention and detection.

10 ‘‘(D) Cardiopulmonary resuscitation and other

11 appropriate emergency medical procedures.

12 ‘‘(f) The Secretary may use funds available to the

13 Coast Guard for operating expenses for Coast Guard child

14 development centers. Such funds shall not be less than the

15 amount of child care fee receipts that are estimated to

16 be received by the Coast Guard during the fiscal year.

17 ‘‘(g) The Secretary may use appropriated funds avail18 able to the Coast Guard to provide assistance to family

19 home day care providers so that family home day care

20 services can be provided to uniformed service members

21 and civilian employees of the Coast Guard at a cost com22 parable to the cost of services provided by Coast Guard

23 child development centers.

24 ‘‘(h) The Secretary shall require that each Coast

25 Guard child development center be inspected not less often
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1 than four times a year. Each such inspection shall be un2 announced.

3 ‘‘(i) The Secretary shall promulgate regulations to

4 implement this section.’’.

5 (b) The table of sections at the beginning of chapter

6 13 of title 14, United States Code, is amended by inserting

7 after the item related to section 514 the following:

‘‘515. Child development services.’’.

8 SEC. 803. HURRICANE ANDREW RELIEF.

9 Section 2856 of the National Defense Authorization

10 Act for Fiscal Year 1993 (Public Law 102–484) applies

11 to the military personnel of the Coast Guard who were

12 assigned to, or employed at or in connection with, any

13 Federal facility or installation in the vicinity of Homestead

14 Air Force Base, Florida, including the areas of Broward,

15 Collier, Dade, and Monroe Counties, on or before August

16 24, 1992, except that funds available to the Coast Guard,

17 not to exceed $25,000, shall be used. The Secretary of

18 Transportation shall administer the provisions of section

19 2856 for the Coast Guard.

20 SEC. 804. DISSEMINATION OF RESULTS OF 0–6 CONTINU21 ATION BOARDS.

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

23 amended by deleting ‘‘Upon approval by the President, the

24 names of the officers selected for continuation on active
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1 duty by the board shall be promptly disseminated to the

2 service at large.’’.

3 SEC. 805. EXCLUDE CERTAIN RESERVES FROM END-OF4 YEAR STRENGTH.

5 Section 712 of title 14, United States Code, is

6 amended by adding at the end the following new sub7 section:

8 ‘‘(d) Members ordered to active duty under this sec9 tion shall not be counted in computing authorized strength

10 in members on active duty or members in grade under

11 this title or under any other law.’’.

12 SEC. 806. OFFICER RETENTION UNTIL RETIREMENT

13 ELIGIBLE.

14 Section 283(b) of title 14, United States Code, is

15 amended—

16 (1) by striking ‘‘he’’ and inserting ‘‘that offi17 cer’’; and

18 (2) by adding the following new sentence at the

19 end: ‘‘However, if one the date specified for dis20 charge under this subsection, an officer has com21 pleted at least eighteen years of active service, the

22 officer shall be retained on active duty and retired

23 on the last day of the month in which the officer

24 completes twenty years of active service, unless ear25 lier removed under another provision of law.’’.
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1 SEC. 807. SPECIAL RECRUITING AUTHORITY TO ACHIEVE

2 DIVERSITY.

3 (a) FINDINGS.—Congress makes the following find4 ings:

5 (1) The ability of the United States Coast

6 Guard to perform its functions and duties will be en7 hanced if the representation of women and minori8 ties in its workforce is increased.

9 (2) Women and minorities have historically

10 been under represented in the Coast Guard officer

11 corps.

12 (3) The number of women and minorities occu13 pying leadership positions in the United States

14 Coast Guard should reflect the proportion of women

15 and minorities in the total workforce.

16 (4) Women and minorities have historically

17 been under represented at the United States Coast

18 Guard Academy.

19 (5) Notwithstanding intensive application of

20 traditional recruiting programs, the Coast Guard

21 has not been able to rectify the historic under rep22 resentation or under utilization of women and mi23 norities in the Service and at the Academy and ad24 vance beyond the current minority and women re25 cruitment plateau.
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1 (6) The education and professional training

2 provided at the United States Coast Guard Academy

3 will be enhanced by the benefits that flow from a di4 verse student body.

5 (7) Women and minorities in the United States

6 Coast Guard should be assigned to positions of re7 sponsibility that fully utilize their technical, profes8 sional, and leadership skills.

9 (8) Because traditional recruiting methods have

10 failed to rectify the historical under representation

11 of women and minorities in the United States Coast

12 Guard, it is necessary and appropriate to authorize

13 the use of the special programs for recruiting women

14 and minorities into the United States Coast Guard.

15 (b) NEW AUTHORITY.—Section 93 of title 14, United

16 States Code, as amended by section 202 of this Act, is

17 further amended—

18 (1) by striking ‘‘and’’ after the semicolon at the

19 end of paragraph (u);

20 (2) by striking the period at the end of para21 graph (v) and inserting a semicolon and the word

22 ‘‘and’’; and

23 (3) by adding at the end of the following:

24 ‘‘(w) for the purposes of rectifying under representa25 tion of women and minorities in the Coast Guard and to
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1 meet identified personnel resource requirements and train2 ing needs—

3 ‘‘(1) obtain research on Coast Guard personnel

4 resource and training needs; and

5 ‘‘(2) employ special programs for recruiting

6 women and minorities, including the provision of fi7 nancial assistance by grant, cooperative agreement,

8 contract, or otherwise, to public or private associa9 tions, organizations, or individuals (including aca10 demic scholarships for individuals), to implement na11 tional or local outreach programs.’’.

12 (c) EXPIRATION OF NEW AUTHORITY.—The special

13 recruiting authority provided in this section shall expire

14 on December 31, 2000. Prior to any extension of this au15 thority beyond December 31, 2000, the Secretary of the

16 Department in which the Coast Guard is operating shall

17 submit a report to Congress providing information on the

18 funds expended for programs under this authority and the

19 effectiveness of those programs in increasing the represen20 tation of women and minorities in the Coast Guard.

21 TITLE IX—NAVIGATION SAFETY AND

22 WATERWAY SERVICES MANAGEMENT

23 SEC. 901. FOREIGN PASSENGER VESSEL USER FEES.

24 Section 3303 of title 46, United States Code, is

25 amended—
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1 (1) in subsection (a) by striking ‘‘(a) Except

2 as’’ and inserting ‘‘Except as’’; and

3 (2) by striking subsection (b).

4 SEC. 902. INCREASED PENALTIES FOR DOCUMENTATION

5 VIOLATIONS.

6 (a) Section 12122(a) of title 46, United States Code,

7 is amended by striking ‘‘$500’’ and inserting in its place,

8 ‘‘$25,000’’.

9 (b) Section 12122(b) of title 46, United States Code,

10 is amended to read as follows:

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

12 by and forfeiture to the United States Government—

13 ‘‘(1) when the owner of a vessel or the rep14 resentative or agent of the owner knowingly falsifies

15 or conceals a material fact, or makes a false state16 ment or representation about the documentation or

17 when applying for documentation of the vessel;

18 ‘‘(2) when a certificate of documentation is

19 knowingly and fraudulently used for a vessel;

20 ‘‘(3) when a vessel is operated after its endorse21 ment has been denied or revoked under section

22 12123 of this title;

23 ‘‘(4) when a vessel is employed in a trade with24 out an appropriate trade endorsement;
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1 ‘‘(5) when a documented vessel with only a rec2 reational endorsement is operated other than for

3 pleasure; or

4 ‘‘(6) when a documented vessel is placed under

5 the command of a person not a citizen of the United

6 States.’’.

7 (c) Section 12122(c) of title 46, United States Code,

8 is repealed.

9 (d) Section 12110(c) of title 46, United States Code,

10 is amended to read as follows: ‘‘A vessel with only a rec11 reational endorsement may not be operated other than for

12 pleasure.’’.

13 SEC. 903. LICENSING OF COMMERCIAL FISHING VESSEL OP14 ERATORS.

15 (a) Chapter 89 of title 46, United States Code, is

16 amended by adding a new section 8904a to read as fol17 lows:

18 ‘‘§ 8904a. Uninspected fishing industry vessels

19 ‘‘A documented uninspected fishing vessel, fish proc20 essing vessel, or fish tender vessel shall be operated by

21 an individual licensed by the Secretary to operate that

22 type of vessel under prescribed regulations.’’.

23 (b) The table of sections at the beginning of chapter

24 89 of title 46, United States Code, is amended by inserting
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1 in the list after the item ‘‘8904. Towing vessels.’’ the fol2 lowing new item:

‘‘8904a. Uninspected fishing industry vessels.’’.

3 SEC. 904. OUTER CONTINENTAL SHELF CIVIL PENALTIES.

4 Section 24(b) of the Outer Continental Shelf Lands

5 Act, as added by section 208 of the Outer Continental

6 Shelf Lands Act Amendments of 1978, Public Law 95–

7 372 (43 U.S.C. 1350(b)), and as amended by section 8201

8 of the Oil Pollution Act of 1990, Public Law 101–380,

9 is further amended—

10 (1) in paragraph (1) by deleting ‘‘paragraph

11 (2),’’ and substituting ‘‘paragraphs (2) and (3),’’;

12 and

13 (2) by adding a new paragraph (3) to read as

14 follows:

15 ‘‘(3)(A) If a person fails to comply with or violates

16 a regulation issued under this Act by the Secretary of the

17 department in which the Coast Guard is operating, that

18 person is liable, without regard to the requirement of the

19 expiration of a period allowed for corrective action, to the

20 United States Government for a civil penalty of not more

21 than the amount provided in paragraph (1) for each day

22 of the continuance of that failure or violation.

23 ‘‘(B) The Secretary of the department in which the

24 Coast Guard is operating is authorized to assess the

25 amount of the civil penalty for which a person is liable
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1 for failure to comply with or for violating a regulation is2 sued under this Act by the Secretary of the department

3 in which the Coast Guard is operating. The assessment

4 of the civil penalty shall be by written notice and after

5 an opportunity for a hearing.

6 ‘‘(C) In determining the amount of the penalty, the

7 Secretary of the department in which the Coast Guard is

8 operating shall consider the nature, circumstances, extent,

9 and gravity of the prohibited acts committed and, with re10 spect to the violator the degree of culpability, any history

11 of prior offenses, ability to pay, and other matters that

12 justice requires.

13 ‘‘(D) The Secretary of the department in which the

14 Coast Guard is operating may compromise, modify, or

15 remit, with or without consideration, a civil penalty under

16 this Act until referring the assessment to the Attorney

17 General.

18 ‘‘(E) If a person fails to pay an assessment of a civil

19 penalty after it has become final, the Secretary of the de20 partment in which the Coast Guard is operating may refer

21 the matter to the Attorney General for collection in an

22 appropriate district court of the United States.’’.

23 SEC. 905. MARINE CASUALTY INVESTIGATIONS.

24 (a)(1) Title 46, United States Code, is amended by

25 inserting after section 6301 the following new section:
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1 ‘‘§ 6301a. Informal marine casualty investigations

2 ‘‘(a) The Secretary is authorized to conduct informal

3 investigations of marine casualties.

4 ‘‘(b) Notwithstanding sections 6302 and 6303 of this

5 title, the Secretary is not required to hold an informal in6 vestigation open to the public or to grant to an individual

7 listed in section 6303 the rights provided by that section,

8 except for the right to be represented by counsel when tes9 timony or attendance is compelled pursuant to section

10 6304.’’.

11 (2) The table of sections at the beginning of chapter

12 63 of title 46, United States Code, is amended by inserting

13 after the item related to section 6301 the following:

‘‘6301a. Informal marine casualty investigations.’’.

14 (b)(1) Title 46, United States Code, is amended by

15 inserting after section 6307 the following new section:

16 ‘‘§ 6308. Information barred in legal proceedings

17 ‘‘(a) Any opinion, recommendation, deliberation, or

18 conclusion contained in a report of a marine casualty in19 vestigation conducted under section 6301 or section 6301a

20 of this title with respect to the cause of, or factors contrib21 uting to, the casualty set forth in the report of the inves22 tigation is not admissible as evidence or subject to discov23 ery in any civil, administrative, or state criminal proceed24 ing arising from a marine casualty, other than with the

25 permission and consent of the Secretary of Transpor-
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1 tation, in his or her sole discretion. Any employee of the

2 United States investigating a marine casualty or assisting

3 in any such investigation conducted pursuant to section

4 6301 or 6301a of this title, shall not be subject to deposi5 tion or other discovery, or otherwise testify or give infor6 mation in such proceedings relevant to a marine casualty

7 investigation, without the permission and consent of the

8 Secretary of Transportation in his or her sole discretion.

9 In exercising this discretion, in cases where the United

10 States is a party, the Secretary shall not withhold permis11 sion for an employee to testify solely on factual matters

12 where the information is not available elsewhere or is not

13 obtainable by other means. Nothing in this section pro14 hibits the United States from calling an employee as an

15 expert witness to testify on its behalf.

16 ‘‘(b) The information referred to in subsection (a) of

17 this section shall not be considered an admission of liabil18 ity by the United States or by any person referred to in

19 those conclusions or statements.’’.

20 (2) The table of sections at the beginning of chapter

21 63 of title 46, United States Code, is amended by inserting

22 after the item related to section 6307 the following:

‘‘6308. Information barred in legal proceedings.’’.
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1 TITLE X—MARINE SAFETY MANAGEMENT

2 IMPROVEMENTS

3 SEC. 1001. AMENDMENT TO REQUIRE EPIRBS ON THE

4 GREAT LAKES.

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

6 States Code, is amended by inserting ‘‘or beyond three

7 nautical miles from the coastline of the Great Lakes’’ after

8 ‘‘high seas’’.

9 SEC. 1002. PENALTIES FOR DEFECTIVE SERVICING OR AL10 TERATION OF MARINE SAFETY EQUIPMENT.

11 Section 3318 of title 46, United States Code, is

12 amended—

13 (1) by redesignating subsection (b) as para14 graph (b)(1); and

15 (2) by adding a new paragraph (b)(2) to read

16 as follows:

17 ‘‘(2) A person that services or alters lifesaving, fire

18 safety, or any other equipment subject to this part, so that

19 the equipment serviced or altered is so defective as to be

20 insufficient to accomplish the purpose for which it is in21 tended, commits a class D felony.’’.
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1 SEC. 1003. LENGTH LIMITATION ON ELIGIBILITY FOR DOC2 UMENTATION.

3 (a) Subsection (a) of section 12102 of title 46, United

4 States Code, is amended by inserting after ‘‘5 net tons’’

5 the words ‘‘and at least 32 feet overall in length’’.

6 (b) Notwithstanding section 12102(a) of title 46,

7 United States Code, (as amended by section 1303 of this

8 section), a vessel less than 32 feet overall in length that

9 is a documented vessel on the date of enactment of this

10 title continues to be eligible for documentation until own11 ership of that vessel is transferred or the certificate of doc12 umentation is surrendered or invalidated under the provi13 sions of 46 U.S.C. 12111. Being less than 32 feet overall

14 in length does not constitute a basis for surrender or in15 validation of a document under 46 U.S.C. 12111.

16 TITLE XI—COAST GUARD REGULATORY

17 REFORM

18 SEC. 1101. SHORT TITLE.

19 This title may be cited as the ‘‘Coast Guard Regu20 latory Reform Act of 1995’’.

21 SEC. 1102. SAFETY MANAGEMENT AND ALTERNATIVE COM22 PLIANCE.

23 (a) Chapter 21 of title 46, United States Code, is

24 amended by adding a new section 2103a to read as fol25 lows:
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1 ‘‘§ 2103a. Safety management and alternative

2 compliance

3 ‘‘(a) To implement the International Management

4 Code for the Safe Operation of Ships and for Pollution

5 Prevention adopted by the International Maritime Organi6 zation and to establish voluntary alternative compliance

7 programs, the Secretary may prescribe regulations govern8 ing the merchant marine of the United States, merchant

9 marine personnel, and shore-based management of vessels

10 that affect the safety of vessels and personnel subject to

11 this subtitle and marine pollution prevention. Compliance

12 with regulations implementing the International Manage13 ment Code for the Safe Operation of Ships and for Pollu14 tion Prevention shall be voluntary until the dates for man15 datory compliance provided for in the International Con16 vention for the Safety of Life at Sea.

17 ‘‘(b) In implementing the International Management

18 Code for the Safe Operation of Ships and for Pollution

19 Prevention and alternative compliance programs estab20 lished pursuant to this section, the Secretary may estab21 lish optional regulatory requirements commensurate with

22 the level of quality control adopted by the shipowner or

23 operator, provided that an equivalent level of safety is

24 maintained.

25 ‘‘(c) The Secretary may require vessel owners and op26 erators to maintain records and submit reports and other
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1 information which the Secretary deems necessary to carry

2 out the objectives of this section.’’.

3 (b) The table of sections for chapter 21 of title 46,

4 United States Code, is amended by inserting between the

5 items relating to section 2103 and section 2104 the follow6 ing:

‘‘2103a. Safety management and alternative compliance.’’.

7 SEC. 1103. USE OF REPORTS, DOCUMENTS, AND CERTIFI8 CATES.

9 (a) Chapter 31 of title 46, United States Code, is

10 amended by adding a new section 3103 to read as follows:

11 ‘‘§ 3103. Use of reports, documents, and certificates

12 ‘‘In carrying out this part, the Secretary may use re13 ports, documents, and certificates issued by persons who

14 the Secretary determines may be relied upon with regard

15 to marine safety, security, and environmental protection.’’.

16 (b) The table of sections for chapter 31 of title 46,

17 United States Code, is amended by adding at the end the

18 following:

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

19 SEC. 1104. EQUIPMENT APPROVAL.

20 Section 3306(b) of title 46, United States Code, is

21 amended to read as follows:

22 ‘‘(b)(1) Equipment subject to regulation under this

23 section may not be used on any vessel without prior ap24 proval as prescribed by regulation.
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1 ‘‘(2) Except as otherwise provided in paragraph (3)

2 of this subsection, the Secretary may accept approvals of

3 fire and life safety equipment and materials by foreign

4 governments which the Secretary determines utilize design

5 and testing standards that meet the requirements of the

6 International Convention for the Safety of Life at Sea to

7 which the United States is a party, and its associated

8 International Maritime Organization guidance documents.

9 ‘‘(3) In determining whether to accept approvals is10 sued by foreign governments, the Secretary shall give due

11 regard to whether adherence to standards promulgated by

12 regulation under this subsection is necessary in order to

13 preserve higher levels of safety.’’.

14 SEC. 1105. FREQUENCY OF INSPECTION.

15 (a) Section 3307 of title 46, United States Code, is

16 amended as follows:

17 (1) In paragraph (1)—

18 (A) by striking ‘‘and’’ after ‘‘passenger

19 vessel’’ and inserting a comma in its place;

20 (B) by inserting after ‘‘nautical school ves21 sel’’ ‘‘, and small passenger vessel carrying

22 more than 12 passengers on an international

23 voyage’’; and

24 (C) by adding ‘‘and’’ after the semicolon at

25 the end.
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1 (2) By striking paragraph (2).

2 (3) In paragraph (3)—

3 (A) by changing the designation of para4 graph (3) to paragraph (2); and

5 (B) by striking ‘‘2 years’’ and inserting ‘‘5

6 years’’ in its place.

7 (b) Section 3710(b) of title 46, United States Code,

8 is amended by striking ‘‘24 months’’ and inserting ‘‘5

9 years’’.

10 SEC. 1106. CERTIFICATE OF INSPECTION.

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

12 amended by striking ‘‘(but not more than 60 days)’’ after

13 ‘‘At least 30 days’’.

14 SEC. 1107. CLASSIFICATION SOCIETIES.

15 (a) Section 3316 of title 46, United States Code, is

16 amended—

17 (1) by amending subsection (a) to read as fol18 lows:

19 ‘‘§ 3316. Classification societies

20 ‘‘(a) In carrying out this part, the Secretary may rely

21 on reports, documents, and certificates issued by the

22 American Bureau of Shipping or other classification soci23 ety recognized by the Secretary as meeting acceptable

24 standards for such a society, or an agent of the Bureau

25 or society.’’;
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1 (2) by amending subsection (c)(1) to read as

2 follows:

3 ‘‘(c)(1) To the maximum extent practicable, the Sec4 retary may delegate to the Bureau or other classification

5 society recognized by the Secretary as meeting acceptable

6 standards for such a society, or an agent of the Bureau

7 or society, the inspection or examination, in the United

8 States or in a foreign country, of a vessel documented or

9 to be documented as a vessel of the United States. The

10 Bureau, society, or agent may issue the certificate of in11 spection required by this part and other certificates essen12 tial to documentation.’’; and

13 (3) by amending subsection (d) to read as fol14 lows:

15 ‘‘(d) The Secretary also may make an agreement with

16 or use the Bureau or other classification society recognized

17 by the Secretary as meeting acceptable standards for such

18 a society, or an agent of the Bureau or society, for review19 ing and approving plans required for issuing a certificate

20 of inspection.’’.

21 (b) The item for section 3316 of the table of sections

22 for chapter 33 of title 46, United States Code, is amended

23 to read as follows:

‘‘3316. Classification societies.’’.
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1 TITLE XII—LAW ENFORCEMENT

2 ENHANCEMENT

3 SEC. 1201. SANCTIONS FOR FAILURE TO LAND OR TO BRING

4 TO; SANCTIONS FOR OBSTRUCTION OF

5 BOARDING AND PROVIDING FALSE

6 INFORMATION.

7 (a) IN GENERAL.—Chapter 109 of title 18, United

8 States Code, is amended by adding at the end new section

9 2237 to read as follows:

10 ‘‘§ 2237. Sanctions for failure to land or to bring to;

11 sanctions for obstruction of boarding and

12 providing false information

13 ‘‘(a)(1) It shall be unlawful for the pilot, operator,

14 or person in charge of an aircraft which has crossed the

15 border of the United States, or an aircraft subject to the

16 jurisdiction of the United States operating outside the

17 United States, to fail to obey an order to land by an au18 thorized Federal law enforcement officer who is enforcing

19 the laws of the United States relating to controlled sub20 stances, as that term is defined in section 102(6) of the

21 Controlled Substances Act (21 U.S.C. 802(6)), or relating

22 to money laundering (sections 1956–57 of this title).

23 ‘‘(2) The Administrator of the Federal Aviation Ad24 ministration, in consultation with the Commissioner of

25 Customs and the Attorney General, shall prescribe regula-
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1 tions governing the means by which a Federal law enforce2 ment officer may communicate an order to land to a pilot,

3 operator, or person in charge of an aircraft.

4 ‘‘(b)(1) It shall be unlawful for the master, operator,

5 or person in charge of a vessel of the United States or

6 a vessel subject to the jurisdiction of the United States,

7 to fail to obey an order to bring to that vessel on being

8 ordered to do so by an authorized Federal law enforcement

9 officer.

10 ‘‘(2) It shall be unlawful for any person on board a

11 vessel of the United States or a vessel subject to the juris12 diction of the United States to—

13 ‘‘(A) fail to comply with an order of an author14 ized Federal law enforcement officer in connection

15 with the boarding of the vessel;

16 ‘‘(B) impede or obstruct a boarding or arrest;

17 or other law enforcement action authorized by any

18 Federal law; or

19 ‘‘(C) provide information to a Federal law en20 forcement officer during a boarding of a vessel re21 garding the vessel’s destination, origin, ownership,

22 registration, nationality, cargo, or crew, which that

23 person knows or has reason to know is false.

24 ‘‘(c) This section does not limit in any way the pre25 existing authority of a customs officer under section 581
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1 of the Tariff Act of 1930 or any other provision of law

2 enforced or administered by the Customs Service, or the

3 preexisting authority of any Federal law enforcement offi4 cer under any law of the United States to order an aircraft

5 to land or a vessel to bring to.

6 ‘‘(d) A foreign nation may consent or waive objection

7 to the enforcement of United States law by the United

8 States under this section by radio, telephone, or similar

9 oral or electronic means. Consent or waiver may be proven

10 by certification of the Secretary of State or the Secretary’s

11 designee.

12 ‘‘(e) For purposes of this section—

13 ‘‘(1) a ‘vessel of the United States’, and a ‘ves14 sel subject to the jurisdiction of the United States’

15 have the meaning set forth for these terms in the

16 Maritime Drug Law Enforcement Act (46 App.

17 U.S.C. 1903);

18 ‘‘(2) an aircraft ‘subject to the jurisdiction of

19 the United States’ includes—

20 ‘‘(A) an aircraft located over the United

21 States or the customs waters of the United

22 States;

23 ‘‘(B) an aircraft located in the airspace of

24 a foreign nation, where that nation consents to
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1 the enforcement of United States law by the

2 United States; and

3 ‘‘(C) over the high seas, an aircraft with4 out nationality an aircraft of United States reg5 istry, or an aircraft registered in a foreign na6 tion that has consented or waived objection to

7 the enforcement of United States law by the

8 United States;

9 ‘‘(3) an aircraft ‘without nationality’ include—

10 ‘‘(A) an aircraft aboard which the pilot,

11 operator, or person in charge makes a claim of

12 registry, which claim is denied by the nation

13 whose registry is claimed; and

14 ‘‘(B) an aircraft aboard which the pilot,

15 operator, or person in charge fails, upon re16 quest of an officer of the United States empow17 ered to enforce applicable provisions of United

18 States law, to make a claim of registry for that

19 aircraft.

20 ‘‘(4) the term ‘bring to’ means to cause a vessel

21 to slow or come to a stop to facilitate a law enforce22 ment boarding by adjusting the course and speed of

23 the vessel to account for the weather conditions and

24 sea state; and
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1 ‘‘(5) the term ‘Federal law enforcement officer’

2 has the meaning set forth in section 115 of this title.

3 ‘‘(f) Any person who intentionally violates the provi4 sions of this section shall be subject to—

5 ‘‘(1) imprisonment for not more than five years;

6 and

7 ‘‘(2) a fine as provided in this title.

8 ‘‘(g) An aircraft or vessel that is used in violation

9 of this section may be seized and forfeited. The laws relat10 ing to the seizure, summary and judicial forfeiture, and

11 condemnation of property for violation of the customs

12 laws, the disposition of such property or the proceeds from

13 the sale thereof, the remission or mitigation of such for14 feitures, and the compromise of claim, shall apply to sei15 zures and forfeitures undertaken, or alleged to have been

16 undertaken, under any of the provisions of this section;

17 except that such duties as are imposed upon the customs

18 officer or any other person with respect to the seizure and

19 forfeiture of property under the customs laws shall be per20 formed with respect to seizures and forfeitures of property

21 under this section by such officers, agents, or other per22 sons as may be authorized or designated for that purpose.

23 A vessel or aircraft that is used in violation of this section

24 is also liable in rem for any fine or civil penalty imposed

25 under this section.’’.
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1 (b) CLERICAL AMENDMENT.—The analysis at the be2 ginning of chapter 109, title 18, United States Code, is

3 amended by inserting the following new item after the

4 item for section 2236:

‘‘2237. Sanctions for failure to land or to bring to; sanctions for obstruction of

boarding or providing false information.’’.

5 SEC. 1202. FAA SUMMARY REVOCATION AUTHORITY.

6 ‘‘(a) Title 49, United States Code, is amended by

7 adding after section 44106 the following new section:

8 ‘‘ § 44106a. Summary revocation of aircraft certificate

9 ‘‘(a) The registration of an aircraft shall be imme10 diately revoked upon the failure of the pilot, operator, or

11 person in charge of the aircraft to follow the order of a

12 Federal law enforcement officer to land an aircraft, as

13 provided in section 2237 of title 18, United States Code.

14 The Administrator shall as soon as possible notify the

15 owner of the aircraft that the owner no longer holds Unit16 ed States registration for that aircraft.

17 ‘‘(b) The Administrator shall establish procedures for

18 the owner of the aircraft to show cause—

19 ‘‘(1) why the registration was not revoked, as a

20 matter of law, by operation of subsection (a); or

21 ‘‘(2) why circumstances existed pursuant to

22 which the Administrator should determine that, not23 withstanding subsection (a), it would be in the pub24 lic interest to issue a new certificate of registration
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1 to the owner to be effective concurrent with the rev2 ocation occasioned by operation of subsection (a).’’.

3 (b) The table of sections at the beginning of chapter

4 441 of title 49, United States Code, is amended by insert5 ing after the item relating to section 44106 the following:

‘‘44106a. Summary revocation of aircraft certificate.’’.

6 (c) Title 49, United States Code, is amended by add7 ing after section 44710 the following new section:

8 ‘‘ § 44710a. Failure to follow order to land aircraft

9 ‘‘(a) The Administrator shall issue an order revoking

10 the airman certificate of any person if the Administrator

11 finds that—

12 ‘‘(1) such person, while acting as the pilot, op13 erator, or person in charge of an aircraft failed to

14 follow the order of a Federal law enforcement officer

15 to land the aircraft as provided in section 2237 of

16 title 18, United States Code, and

17 ‘‘(2) that such person knew or had reason to

18 know that he had been ordered to land the aircraft.

19 ‘‘(b) If the Administrator determines that extenuat20 ing circumstances existed, such as safety of flight, which

21 justified a deviation by the airman from the order to land,

22 the provisions of subsection (a) of this section shall not

23 apply.

24 ‘‘(c) The provisions of subsections (c) and (d) of sec25 tion 44710 shall apply to any revocation of the airman
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1 certificate of any person for failing to follow the order of

2 a Federal law enforcement officer to land an aircraft.’’.

3 (d) The table of sections at the beginning of chapter

4 447 of title 49, United States Code, is amended by insert5 ing after the item relating to section 44710 the following:

‘‘44710a. Failure to follow order to land aircraft.’’.

6 SEC. 1203. COAST GUARD AIR INTERDICTION AUTHORITY.

7 ‘‘(a) IN GENERAL.—Chapter 5 of title 14, United

8 States Code, is amended by adding at the end the follow9 ing new section:

10 ‘‘ § 96. Air interdiction authority

11 ‘‘The Coast Guard may issue orders and make inquir12 ies, searches, seizures, and arrests with respect to viola13 tions of laws of the United States occurring aboard any

14 aircraft subject to the jurisdiction of the United States

15 as defined in section 2237 of title 18, United States Code.

16 Any order issued under this section to land an aircraft

17 shall be communicated pursuant to regulations promul18 gated pursuant to section 2237 of title 18, United States

19 Code.’’.

20 (b) CLERICAL AMENDMENT.—The analysis at the be21 ginning of chapter 5 of title 14, United States Code, is

22 amended by adding at the end of the following new item:

‘‘96. Air interdiction authority.’’.
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1 SEC. 1204. COAST GUARD CIVIL PENALTY PROVISIONS.

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

3 States Code, is amended by adding at the end the follow4 ing new section:

5 ‘‘ § 673. Civil penalty for failure to comply with a law6 ful boarding, order to land, obstruction of

7 boarding, or providing false information

8 ‘‘(a) The master, operator, or person in charge of a

9 vessel, or the pilot, operator, or person in charge of an

10 aircraft who fails to comply with an order of a Coast

11 Guard commissioned officer, warrant officer, or petty offi12 cer relating to the boarding of a vessel or landing of an

13 aircraft issued under the authority of section 2237 of title

14 18, United States Code, or section 96 of this title, and

15 communicated according to regulations promulgated

16 under section 2237 of title 18, United States Code, or ac17 cording to any applicable, internationally recognized

18 standards, or in any other manner reasonably calculated

19 to be received and understood, shall be liable for a civil

20 penalty of not more than $15,000. For intentional viola21 tions of this section, a civil penalty of not more than

22 $25,000 shall be assessed.

23 ‘‘(b) A vessel or aircraft used to violate an order re24 lating to the boarding of a vessel or landing of an aircraft

25 issued under the authority of section 2237 of title 18,

26 United States Code, or section 96 of this title, is also liable
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1 in rem and may be seized, forfeited, and sold in accord2 ance with customs law, specifically section 1594 of title

3 19, United States Code.’’.

4 (b) CLERICAL AMENDMENT.—The analysis at the be5 ginning of chapter 17 of title 14, United States Code, is

6 amended by adding at the end of the following new item:

‘‘673. Civil penalty for failure to comply with a lawful boarding, order to land,

obstruction of boarding, or providing false information.’’.

7 SEC. 1205. CUSTOMS ORDERS.

8 Section 581 of the Tariff Act of 1930 (19 U.S.C.

9 1581) is amended by adding at the end the following new

10 subsection:

11 ‘‘(i) As used in this section, the term ‘authorized

12 place’ includes—

13 ‘‘(1) with respect to a vehicle, a location in a

14 foreign country at which United States customs offi15 cers are permitted to conduct inspections, examina16 tions, or searches; and

17 ‘‘(2) with respect to aircraft to which this sec18 tion applies by virtue of section 644 of this Act (19

19 U.S.C. 1644), or regulations issued thereunder, or

20 section 2237 of title 18, United States Code, any lo21 cation outside of the United States, including a for22 eign country at which United States customs officers

23 are permitted to conduct inspections, examinations,

24 or searches.’’.
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1 SEC. 1206. CUSTOMS CIVIL PENALTY PROVISIONS.

2 Part V of title IV of the Tariff Act of 1930 (19

3 U.S.C. 1581 et seq.) is amended by adding a new section

4 591 (19 U.S.C. 1591) as follows:

5 ‘‘ § 591. Civil penalty for failure to obey an order to

6 land

7 ‘‘(a) The pilot, operator, or person in charge of an

8 aircraft who fails to comply with an order of an authorized

9 Federal law enforcement officer relating to the landing of

10 an aircraft issued under the authority of section 581 of

11 this Act, or section 2237 of title 18, United States Code,

12 and communicated according to regulations promulgated

13 under section 2237 of title 18, United States Code, or ac14 cording to any applicable internationally recognized stand15 ards, or in any other manner reasonably calculated to be

16 received and understood, shall be liable for a civil penalty

17 of not more than $15,000. For intentional violations of

18 this section, a civil penalty of not more than $25,000 shall

19 be assessed.

20 ‘‘(b) An aircraft used to violate an order relating to

21 the landing of an aircraft issued under the authority of

22 section 581 of this Act, or section 2237 of title 18, United

23 States Code, is also liable in rem and may be seized, for24 feited, and sold in accordance with Customs law, specifi25 cally section 1594 of title 19, United States Code.’’.

‘‘591. Civil penalty for failure to obey and order to land.’’.
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1 TITLE XIII—COAST GUARD AUXILIARY

2 AMENDMENTS

3 SEC. 1301. ADMINISTRATION OF THE COAST GUARD

4 AUXILIARY.

5 (a) Section 821, title 14, United States Code, is

6 amended to read as follows:

7 ‘‘(a) The Coast Guard Auxiliary is a nonmilitary or8 ganization administered by the Commandant under the di9 rection of the Secretary. For command, control, and ad10 ministrative purposes, the Auxiliary shall include such or11 ganizational elements and units as are approved by the

12 Commandant, including but not limited to, a national

13 board and staff (Auxiliary headquarters unit), districts,

14 regions, divisions, flotillas, and other organizational ele15 ments and units. The Auxiliary organization and its offi16 cers shall have such rights, privileges, powers, and duties

17 as may be granted to them by the Commandant, consist18 ent with this title and other applicable provisions of law.

19 The Commandant may delegate to officers of the Auxiliary

20 the authority vested in the Commandant by this section,

21 in the manner and to the extent the Commandant consid22 ers necessary or appropriate for the functioning, organiza23 tion, and internal administration of the Auxiliary.

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

25 Guard Auxiliary organization (but excluding any corpora-
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1 tion formed by an organizational element or unit of the

2 Auxiliary under subsection (c) of this section), shall, ex3 cept when acting outside the scope of section 822, at all

4 times be deemed to be an instrumentality of the United

5 States, for purposes of the Federal Tort Claims Act (28

6 U.S.C. 2671, et seq.); the Military Claims Act, 10 U.S.C.

7 2733; the Public Vessels Act (46 App. U.S.C. 781–790);

8 the Suits in Admiralty Act (46 App. U.S.C. 741–752); the

9 Admiralty Extension Act (46 App. U.S.C. 740); and for

10 other noncontractual civil liability purposes.

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

12 Auxiliary district or region, may form a corporation under

13 State law, provided that the formation of such a corpora14 tion is in accordance with policies established by the Com15 mandant.’’.

16 (b) The section heading for section 821 of title 14,

17 United States Code, is amended after ‘‘Administration’’

18 by inserting ‘‘of the Coast Guard Auxiliary’’.

19 (c) The table of sections at the beginning of chapter

20 23 of title 14, United States Code, is amended in the item

21 relating to section 821, after ‘‘Administration’’ by insert22 ing ‘‘of the Coast Guard Auxiliary’’.
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1 SEC. 1302. PURPOSE OF THE COAST GUARD AUXILIARY.

2 (a) Section 822 of title 14, United States Code, is

3 amended by striking the entire text and inserting the fol4 lowing:

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

6 Guard, as authorized by the Commandant, in performing

7 any Coast Guard function, power, duty, role, mission, or

8 operation authorized by law.’’.

9 (b) The section heading for section 822 of title 14,

10 United States Code, is amended after ‘‘Purpose’’ by in11 serting ‘‘of the Coast Guard Auxiliary’’.

12 (c) The table of sections at the beginning of chapter

13 23 of title 14, United States Code, is amended in the item

14 relating to section 822, after ‘‘Purpose’’ by inserting ‘‘of

15 the Coast Guard Auxiliary’’.

16 SEC. 1403. MEMBERS OF THE AUXILIARY; STATUS.

17 (a) Title 14, United States Code, is amended by in18 serting after section 823 the following new section:

19 ‘‘§ 823a. Members of the Auxiliary; status

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

21 member of the Coast Guard Auxiliary shall not be deemed

22 to be a Federal employee and shall not be subject to the

23 provisions of law relating to Federal employment, includ24 ing those relating to hours of work, rates of compensation,

25 leave, unemployment compensation, Federal employee

26 benefits, ethics, conflicts of interest, and other similar
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1 criminal or civil statutes and regulations governing the

2 conduct of Federal employees. However, nothing in this

3 subsection shall constrain the Commandant from prescrib4 ing standards for the conduct and behavior of members

5 of the Auxiliary.

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

7 duty shall be deemed to be a Federal employee only for

8 the purpose of the following:

9 ‘‘(1) The Federal Tort Claims Act (28 U.S.C.

10 2671, et seq.); the Military Claims Act (10 U.S.C.

11 2733); the Public Vessels Act (46 App. U.S.C. 781–

12 790); the Suits in Admiralty Act (46 App. U.S.C.

13 741–752); the Admiralty Extension Act (46 App.

14 U.S.C. 740); and for other noncontractual civil li15 ability purposes;

16 ‘‘(2) compensation for work injuries under sec17 tion 8101 and the following of title 5, United States

18 Code; and

19 ‘‘(3) the resolution of claims relating to damage

20 to or loss of personal property of the member inci21 dent to service under the Military Personnel and Ci22 vilian Employees’ Claim Act of 1964 (31 U.S.C.

23 3721).

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

25 duty, shall be deemed to be a person acting under an offi-
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1 cer of the United States or an agency thereof for purposes

2 of the Federal Officer Removal Statute (28 U.S.C.

3 1442(a)(1)).’’.

4 (b) The table of sections at the beginning of chapter

5 23 of title 14, United States Code, is amended after the

6 item relating to section 823, by inserting the following new

7 item:

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

8 SEC. 1304. ASSIGNMENT AND PERFORMANCE OF DUTIES.

9 (a) Section 830 of title 14, United States Code, is

10 amended by striking the word ‘‘specific’’ from each place

11 in which it appears;

12 (b) Section 831 of title 14, United States Code, is

13 amended by striking the word ‘‘specific’’ from each place

14 in which it appears; and

15 (c) Section 831 of title 14, United States Code, is

16 amended by striking the word ‘‘specific’’ from each place

17 in which it appears.

18 SEC. 1305. COOPERATION WITH OTHER AGENCIES, STATES,

19 TERRITORIES, AND POLITICAL SUBDIVI20 SIONS.

21 (a) Section 141 of title 14, United States Code, is

22 amended—

23 (1) in the section heading by striking ‘‘General’’

24 and inserting ‘‘Cooperation with other agencies,

25 States, Territories, and political subdivisions’’;
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1 (2) in the first sentence of subsection (a), after

2 ‘‘personnel and facilities’’ by inserting ‘‘(which in3 clude members of the Auxiliary and facilities gov4 erned under chapter 23)’’;

5 (3) at the end of subsection (a), by inserting

6 ‘‘The Commandant may prescribe conditions, includ7 ing reimbursement, under which personnel and fa8 cilities may be provided under this subsection.’’; and

9 (4) in the table of sections at the beginning of

10 chapter 7 of title 14, United States Code, by strik11 ing ‘‘General’’ from the item relating to section 141

12 and inserting ‘‘Cooperation with other agencies,

13 States, Territories, and political subdivisions.’’.

14 SEC. 1306. VESSEL DEEMED PUBLIC VESSEL.

15 Section 827 of title 14, United States Code, is

16 amended by striking out the text and inserting in its place

17 the following:

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

19 motorboat or yacht shall be deemed to be a public vessel

20 of the United States and a vessel of the Coast Guard with21 in the meaning of sections 646 and 647 of this title and

22 other applicable provisions of law.’’.
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1 SEC. 1307. AIRCRAFT DEEMED PUBLIC AIRCRAFT.

2 Section 828 of title 14, United States Code, is

3 amended by striking out the text and inserting in its place

4 the following:

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

6 aircraft shall be deemed to be a Coast Guard aircraft, a

7 public vessel of the United States, and a vessel of the

8 Coast Guard within the meaning of sections 646 and 647

9 of this title and other applicable provisions of law. Subject

10 to the provisions of sections 823a and 831 of this title,

11 while assigned to duty, qualified Auxiliary pilots shall be

12 deemed to be Coast Guard pilots.’’.

13 SEC. 1308. DISPOSAL OF CERTAIN MATERIAL.

14 Section 641 of title 14, United States Code, is

15 amended in subsection (a)—

16 (1) after ‘‘with or without charge,’’ by inserting

17 ‘‘to the Coast Guard Auxiliary, including any incor18 porated unit thereof,’’; and

19 (2) after ‘‘America,’’ by striking ‘‘to any incor20 porated unit of the Coast Guard Auxiliary.’’.

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